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HomeMy WebLinkAbout2008 08-05 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting - National City City Council / Community Development Coff mission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — August 5, 2008 — 5:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los auditfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings 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 8/5/08- Page 2 PRESENTATION 1. Employee of the Month of July 2008 — Corporal Daniel Nagle (Police) 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. 2. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of June 10, 2008 and the Regular Meeting of July 15, 2008. (City Clerk) 3. Resolution of the City Council of the City of National City approving and authorizing the recordation of an Encroachment Permit with Mrs. Rosalie G. Zarate for the maintenance of front yard blockwall encroaching the public right of way at 1734 E. 12th Street. (Engineering) 4. Resolution of the City Council of the City of National City authorizing the recordation of a deed restriction upon the property of the National City Library (A.P.N. 560-100-04-00) as stipulated by the grant application and required by the Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act for the release of the grant fund payment retention. (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to execute a State of California Office of Traffic Safety Grant Agreement in the amount of $132,000 for the purchase of flashing beacons, vehicle speed feedback signs, and a GIS-based traffic collision records system to improve safety. (Engineering) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/5/08- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City to award a contract in the amount of $1,669,702.72 to ABC Construction Company, Inc. for the Highland Avenue Resurfacing Project and authorizing the Mayor to sign the contract. (Funded by Tax Increment Dollars). (Engineering) 7. Resolution of the City Council of the City of National City memorializing the appropriation of $165,000 from Parks and Recreation Capital Outlay Fund for the completion of a skateboard park in Kimball Park. (Community Services) 8. Resolution of the City Council of the City of National City opposing fiscally irresponsible state budget decisions that would "borrow" local government, redevelopment and transportation funds. (City Manager) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the amount of $61,384 with Global Presenter Inc. to upgrade the Council Chamber's audio/video systems to facilitate video archiving of council meetings. (MIS) 10. Resolution of the City Council of the City of National City scheduling a Public Hearing to consider and declaring it's intention to grant, a non- exclusive franchise to NexHorizon Broadband of Southern Califomia, Inc. to construct, maintain, and operate a cable television system within the City, pursuant to Chapter 6.10 of the National City Municipal Code. (City Attorney) 11. WARRANT REGISTER # 1 (Finance) Warrant Register #1 for the period of 06/25/08 through 07/01/08 in the amount of $501,347.42. (Finance) 12. WARRANT REGISTER # 2 (Finance) Warrant Register #2 for the period of 07/02/08 through 07/08/08 in the amount of $588,495.57. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/5/08- Page 4 PUBLIC HEARINGS 13. Public Hearing to consider the report required by Califomia Health and Safety Code Section 5473, et seq. pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund." Sewer service fees will not increase for FY-09. (Public Works) **Refer to Item #15** 14. Public Hearing to determine whether the Public Health, Safety or Welfare require the formation of underground utility District No. 25, located in the Marina Gateway area which includes Bay Marina Drive, Harrison Avenue, 23`d Street and Cleveland Avenue. (Engineering) **Refer to Item #16** NON CONSENT RESOLUTIONS 15. Resolution of the City Council of the City of National City adopting a report required by California Health and Safety Code Section 5473, et seq. pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund." Sewer service fees will not increase for FY-09. (Public Works) **Refer to Item #13** 16. Resolution of the City Council of the City of National City establishing underground utilities District No. 25 in the Marina Gateway area which includes Bay Marina Drive, Harrison Avenue, 23`d Street and Cleveland Avenue for the purpose of converting the overhead facilities. (Engineering) **Refer to Item #14** 17. Resolution of the City Council of the City of National City reducing the property tax rate for bonded indebtedness for Fiscal Year 2008-2009 from 1.43 per $100 of assessed valuation to 1.3 cents. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/5/08- Page 5 NEW BUSINESS 18. Investment Report for quarter ended June 30, 2008. (Finance) 19. Withdrawal of Conditional Use Permit for a 16-unit apartment project at 2701, 2703, and 2729 E. 18th Street. (Case File No. 2007-60) (Planning) 20. Notice of Decision — Planning Commission approval of a modification of a Conditional Use Permit for the expansion of an existing church at 2432 E. 18th Street. (Applicant: Bible Baptist Church) (Case File 2007-43 CUP) (Planning) 21. Temporary Use Permit — American Cancer Society's National City Relay for Life at Kimball Park from August 9-10, 2008 with $1,500 in fees waived pursuant to City Council Policy #804. (Neighborhood Services Division) 22. Temporary Use Permit - Pumpkin Station hosted by Pinery Christmas Trees at Plaza Bonita from September 26, 2008, to October 31, 2008, with no waiver of fees. (Neighborhood Services Division) 23. Request to use the Martin Luther King, Jr. Community Center by the National School District for their teacher staff development on Monday, August 18 and Tuesday, August 19, 2008 with no waiver of fees. (Community Services) 24. Request to use'the Kimball Senior Center by the Spearhead Senior Citizens Association for their monthly dance on every third Saturday with waiver of fees except cleaning and kitchen refundable deposit. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 25. Warrant Register for the period of 06/27/08 through 07/17/08 in the amount of $950,726.06. (Community Development Commission/Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/5/08- Page 6 NEW BUSINESS 26. Investment Report for quarter ended June 30, 2008. (Finance) STAFF REPORTS MAYOR AND CITY COUNCIL 27. Discussion regarding Highland Avenue Planters. (Council initiated) ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — August 19, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Human Resources Department 140 East 12'n Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM July 1. 2008 TO Chris Zapata. Cit Manager FROM Stacey Stevenso , an Resources Director SUBJECT EMPLOYEE HE MONTII PROGRAM ITEM #1 8/5/08 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in July 2008 is Corporal Daniel Nagle By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, July 15, 2008 to be recognized for his achievement and service. Attachment cc: Daniel Nagle Chief Adolfo Gonzales Lieutenant Craig Boegler Councilmember Natividad Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) Recycled Paper PERFORMANCE RECOGNITION AWARD NOMINATION On May 20, 2007, a man was shot to death in the crowded parking lot of a local McDonald's Restaurant. Homicide Detective Dan Nagle was assigned the case. Over the next five months, Detective Nagle selflessly worked the case with dogged persistence. Detective Nagle and his team located and interviewed numerous reluctant witnesses and persons of interest, coordinated the processing of critical crime evidence, and provided constant updates to prosecutors. Detective Nagle's journeyman investigative skills and team leadership resulted in over twenty search warrants being served for incriminating cell phone records, four search warrants being served at residences, and the arrest of seventeen persons - including the arrest of the primary suspect responsible for the brutal murder. Recently, the murder suspect appeared in court. Detective Nagle coordinated an armed police protection detail to safeguard the lives of the witnesses who testified against the suspect. Detective Nagle provided expert testimony. The suspect was held for trial, which is scheduled for later this year. Detective Nagle's work ethic, investigative skills, and leadership are responsible for the successful outcome of this complicated murder investigation. When the leads slowed and the case became cold, Detective Nagle and his team of professionals continued working relentlessly inside and outside the box to bring those responsible for this horrendous murder to justice. ITEM #2 8/5/08 Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of June 10, 2008 and the Regular Meeting of July 15, 2008 (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE August 5, 2008 AGENDA ITEM NO. 3 ITEM TITLE A Resolution of the City Council of the City of National City approving, and authorizing the recordation of an Encroachment Permit and Agreement with Mrs. Rosalie G. Zarate for the maintenance of front yard blockwall encroaching the public right of way at 1734 E. 12th Street PREPARED BY Mauro Nebreja DEPARTMENT Engineering EXT. 4395 EXPLANATION Mrs. Rosalie G. Zarate, the owner of property at 1734 E. 12th Street has an existing blockwall fence that is encroaching the public right of way by 2 feet. Because the wall has been there for a long period of time, the owner is requesting that an encroachment agreement be approved. She has submitted a one million dollar liability insurance, signed an encroachment permit and agreement and paid an encroachment permit fee. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMM A. • • s e Res OARD / COMMIS ATI•N ON RECOMMEN TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Notarized copy of Encroachment Permit & Agreement. L 2. Copy the liability insurance 3. Exhibit "A" , "B" A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT PERMIT AND AGREEMENT WITH ROSALIE ZARATE FOR AN EXISTING BLOCKWALL FENCE LOCATED AT 1734 EAST 12TH STREET WHEREAS, Mrs. Rosalie Zarate recently became aware that the existing blockwall fence on her property located at 1734 East 12th Street is encroaching on the public right-of-way by two feet; and WHEREAS, Mrs. Zarate has executed an Encroachment Permit and Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Permit and Agreement" executed by Rosalie Zarate, attached hereto as Attachment 1, and incorporated herein by reference, and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of National City ("CITY") hereby grants an Encroachment Permit to the undersigned, ROSALIE ZARATE ("OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A" and located in the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City to maintain certain personal property within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: OWNER has existing front yard v%alls encroaching two feet (2') from the OWNER'S property line into the public right-of-way, described as "existing blockwall encroaching the public right- of-way" and shown on EXHIBIT B, attached and incorporated herein (the "encroachment"). The terms and conditions under which the encroachment is to be maintained are as follows: 1. Upon notification in writing by CITY'S City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the OWNER'S sole expense. 2. Said encroachment shall be maintained in a safe, structurally stable, and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER'S land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at OWNER'S sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the OWNER'S that is hereby benefited by the encroachment. 4. The existing front yard walls that are encroaching two (2) feet from the OWNER'S property line to the public right-of-way, as shown on EXHIBIT B (i.e., the encroachment), shall be maintained free of graffiti. Graffiti shall be removed within 24 hours of its observance. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, for any injury to person or property, including death, arising out of the maintenance, construction, or use of the encroachment. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY'S easement or right-of-way, a policy of liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and property damage arising out of this Agreement. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY'S easement or right-of-way, a policy of liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds or additional interested parties, and shall constitute primary insurance as to the CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should OWNER fail to do so, CITY may elect to obtain such coverage at OWNER'S expense or immediately terminate this AGREEMENT. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. OWNER also acknowledges that those terms and conditions include, without limitation, the following: a. CITY reserves the right to charge the OWNER "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. CITY can require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at OWNER'S expense. 8. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the OWNER. AGREED AND ACCEPTED: CITY OF NATIONAL CITY OWNER/APPLICANT MARYAM BABAKI ROSALIE ZARA City Engineer Owner Dated: -7/9-"f U (j 41t MAILING ADDRESS: 1730 East 12th Street National City, CA 91950-3718 Attach notary certification for Owner's signature. Use current legal California All Purpose Notary Acknowledgement only. LEGAL DESCRIPTION: THE SOUTHERLY 2 FEET OF THE NORTHERLY 30 FEE7 OF THE EASTERLY FEET OF THE WESTERLY 662.59 FEET OF THE NORTHERLY 1/2 80 LOT 2 OF E LY 64 1/4 SECTION 129 OF RANCHO DE IA NACION IN THEOF CITY OF ACRE CITY NA710NAL CITY, COUNTY OF SAN DIECO, STATE TO THE MAP THEREOF NO. 166 FILED IN THE OFF CEO OFF THECOUNTY ACCORDING OF SAID COUNTY OF SAN DIEGO. RECORDER PLAZA 1321 14TH STREET I•1 i 1410 14)2 z 11.., z 1027 1 1 th 14,7 I 1435 :4 14C1 fthL STREET' p EXHIBIT "A" (NTSJ !' / SITE rn 2 I 1 1 rn oD cp 1, ,i j t 11 11; II :11 11 if ;1, I! 11, Ii 11 iit I tt li I ;1 1 I" II >-- It11 CC ; 1 LLI li (1) 1i 1 1 11 t .I ,; 1 : I I I I, ;r 111 ;II I11 0 1 ICSI.[ IIOM;4 I sal. .ifUfA YJ EXISTING ASPHALT EXISTING • DFctVEWA,Y 13 EXISTING BLOCKWALL ENCROACHING THE PUBLIC RIGHT OF WAY PL 64' EXHIBITS EXISTING BLOCKWALL EXISTING. IDEWALK."' , EXISTING CURB & GUTTER 1734 E. 12TH STREET STREET CL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of --SO /f .' c' c3t On .7/-2 Y/C 8 before me, Date personally appeared If") } (f. !')'j pre L1 `l �ilu��� PibltC. Here Insert anw and Title of the Off r i ck Name(s) of Signers) V. M. ORCUR Commission # 163111/2 Notary PubtlC • Cdfolmla San Diego County My Comm. Emirs Dec 20. Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person 'whose name.() is/ate-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ws/her/their authorized capacity(ias), and that by big/her/Jbeir signature(sr)"on the instrument the person(., or the entity upon behalf of which the persort.(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V Signature o Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: E/1( 7 Oa i) iYl N/Tit t►Yle M //" `n jreertrn en t Document Date: c („ on P Number of Pages: `7 C i' 11C- EXyjt ai 1-4^^ Signer(s) Other Than Named Above: f'?a r(JCk/n Ba,hct k Signer's Name: VIndividual O Corporate Officer — Title(s): ❑ Partner — ❑ Limited 1 1 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Capacity(ies) Claimed by Signer(s) Za r1 Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —11 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: 02007 National Notary Assoaatan • 9350 De Soto Ave.. P.O. Bo1 2402 • Chatsworth. CA 91313.2402 • www.Nationa!Notaryorg Item 05907 Reorder. Can Toll -Free 14300-876-6827 ACO ID-_ CERTIFICATE OF LIABILITY INSURANCE PRonlla R EAS_WAY INSURANCE SERVICES 2727 VIA C4SCAi)ITA SUITE G I GATE 0t41,00rr.yYI 07/14/20138 1 THIS CERTIFICATE IS ISSUE0 AS A MATTER OF INFORMATION ONLY AND cONFEKS NO Ii1GHrS UPON THE CERTIFICATE. HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i S1LL`1 C(.EMENTE CA 42672 J INSURERS AFFORDING COVERAGE4 WAIL & rM.uRtu -- -- — _ — — — — Rcsaiie Zara[9 1.- 34 B 12t:h St 1.1 tio:lal City. CA SIDS() ie)1REnA ?acific Speclalty insurance Co. I R:SLJRERe ---- - -- ---------- --- It:SUP=? C: INSURER E i COVERAGES THE POU; IES OF INSURANCE LISTED BELOW (1AVE B: 7J ISSUED -0 THE 14:SURE0 NAMED ABOVE. FOR THE POLICY PERiCD INDICATED. NOTVOISISTANOING ANY RCOUIRE.'.4ENT, TERM CR COVOITIOr4 OF ANY COrJ'FACT OR OTHER DOCUMENT IA1TH RESPECT TO WIT/CH THIS CERTIFICATE aIAY E.IE ISSUED OR MAY PERTAIN. THE INSURANCE Ar1rORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AIL THE TERMS EXCLUSIONS :.ND CONDITIONS OF SUCH POIIT IES. AGGREGATE LIMITS SIlOW1-1 MAY HAVE EEEN REDUCED BY PAJO CLAIUJS. [IT£CF tthUPPNCE I POLICYNVN.BEH —12 Qly1'� n TL n M LI?llTS 171 RVO .L4JN GENERAL LIQBIUrY I COI:AMC RC1A1 G:NEFrt t'- esiIre I — CtA:sAS rUoc [_J G;.CIK GEtll AGGREGATE LIMIT APPJES PER POLAT ICY ( ',1=LT 1 J ROC: AurOu091LE LIA8&JV ,V4Y 'VTO .•L'_ O'A'h'EJ . u O5 :TCrt JL•L- AU! O tt4i = O A.'v"T C• S 1 uon.a:: . O Asir POI IGY FJ`1- CTlVE POLICY E7(P:RAT/ON A / ,ODtYTI EAC I OCCURRENCE PRE 1 SES (Ea sc.-rem') GARr.GE LIFSo./TY NIY AUTO EAcc4-4Aur4§1R`..L VAQt(,trr r✓ 1 ccc L -I o M,s r+..e€ 1OLOU.S2TIBit RE:Et01^,:.: I VIORNEES CO11PEN SAT ion AND ENPI.OYERS LLSOILI Y At:( .ROP 21E-TO0..A'P."TT11cR,EXECU T1VE 0=n�� 3//.£41BER E.X LL/OE0•' R )et. O(I;crtt wide, SPECIAL 'RO'ISIOA-5 act... WNR 0025146-01 LIED E)iP (dry one Po.s,r•; PEER3ONAL J. Aft/ [INJURY GEuERRL AGGREGATE PRODUCTS COMM', AGG COLIBINLG SINTTiE LIf,51 (Es ar- c`s.'ll) B004-1 INJURY (Per ye -son) B')DL' (JJUR'I PRO?E1(rY O..tAACE (Pe, ecti�tEwO LAU TO All' . EA ASCIOENY OTHER PIM, AUTO A_C .GG 06/12/200E. 06/12/2009 EAcHCOCIRRENCE % ai:GAL 7.,3 TE ZSL [ 1,000,00Q V.'C ST.ATU pits- - LCIFYj 9111 1_ER E.L FJ..:H ACCIDENT , t E L DISEASE EA ErAPLO'.EEl S E L DISEASE - POI.Ci s OE SCRPT1ON Of OPERA 110NS:'LOCATIONS : VEH ?CI ( S I EXCLUSIONS ADOE•' O" ENOOR SEMC MT 15?ECIA'- P 5G.' SIONS E?CS:iai444;v9116 L-12L1..1,1' Phi t io fuLL CERTIFICATE HOLDER Natiocal City California 1243 National Ci ty 31vL1. national C1ty, CA 91950 CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLJCIES BE CANEIL ED BEFORE T4E E X113.ATION 7.>TE THET:E OF. 111E cSStl1G INSJP.ER'MU EICEAVOR TO HAIL 30 DAYS wR/1-MN NOTICE TO THE CERTIFIC.AIE 1131. OCR NAN E') TO TILE LEST (WI fAI! UP_ TO CO SO 51IALI JUPOSI NO OOLIGAOLON OR UAUIUTY OF AV• WINO UPON THE INSVR,l. LIS AC(I.IS OO AEVRESENT.%Tr/ES &CORD 25 ;?O0! 013) t• :.CORII CORPORATION iyaa City of National City, California COUNCIL AGENDA STATEMENT JEETING DATE August 5, 2008 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City authorizing the recordation of deed restriction upon the property of the National City Library (A.P.N. 560-100-04-00) as stipulated by the grant application and required by the Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act for the release of the grant fund payment retention PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION See attached Explanation. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The California State Library will release to the City of National City the 10 percent retention of the construction costs in the amount of $1,109,833.00 and will be deposited to Account No. 241-00000-3463. Account No. STAFF RECOMMEND > ON A. . pt the Resoluti D/CO N/A RECOMM ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Deed Restriction Document res A-200 (Rev. 7103) A Resolution of the City Council of the City of National City authorizing the recordation of a deed restriction upon the property of the National City Library (A.P.N. 560-100-04- 00) as stipulated by the grant application and required by the Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act for the release of the grant fund payment retention Explanation: The State of California provided grant funds for the acquisition of land for the National City Library and Bond Act funds for the acquisition and construction of the National City Library. The City of National City then acquired the land and constructed the National City Library on the land, said land bearing the County Assessors Parcel Number 560-100-04-00. The National City Library has been completed and the Notice of Completion was approved on October 19, 2006. The City of National City, having been a recipient of grant and Bond Act funds from the State of California, is obligated to add to the title record of the property certain deed restrictions required by Education Code sections 19989, 19992 and 19999 and Title 5, Division 2, Chapter 3 Library Bond Act Regulations for the release of the grant and Bond Act. Proof of the recording of the deed restrictions upon the land is required to be submitted to the California State Library for the release of the payment retention in the amount of one million one hundred nine thousand eight hundred thirty three dollars ($1,109,833.00). RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF A DEED RESTRICTION UPON THE PROPERTY OF THE NATIONAL CITY PUBLIC LIBRARY (A.P.N. 560-100-04-00), AS STIPULATED BY THE GRANT APPLICATION, AND REQUIRED BY EDUCATION CODE SECTION 19999 AND TITLE 5, DIVISION 2, CHAPTER 3 OF THE LIBRARY BOND ACT, FOR THE RELEASE OF THE GRANT FUND PAYMENT RETENTION WHEREAS, on May 21, 2002, the City Council adopted Resolution 2002-76, approving the submittal to the State of California of a Library Construction and Renovation Bond Act of 2000 Grant Application; and WHEREAS, on July 2 2003, the State gave the City $11,098,330 in grant funds for the acquisition of land and the construction for the National City Public Library; and WHEREAS, it is the obligation of the City of National City, as recipient of said Grant and Bond Act funding from the State, to add to the title record of such property (A.P.N. 560-100-04-00) certain deed restrictions legally obligating the City to have the land utilized as public library facilities and for direct library services for the 40 year period following October 19, 2006, as specified in Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act Regulations; and WHEREAS, proof of the recording of the Deed Restrictions upon the property is required for submittal to the California State Library for the release of the payment retention in the amount of One Million One Hundred Nine Thousand Eight Hundred Thirty-three Dollars ($1,109,833.00). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the recordation of the Deed Restrictions legally obligating the City of National City to utilize the property of the National City Public Library (A.P.N. 560-100- 04-00) for public library facilities and for direct library services for the 40 year period following October 19, 2006, as stipulated by the Grant Application, and required by Education Code Section 19999 and Title 5, Division 2, Chapter 3 of the Library Bond Act Regulations. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney RECORDING REQUESTED BY fhc City ('Icrk The City of National Coy 1243 National Coy Boulevard National City. Ca 91950 MIEN RECORDED M.AII. THIS DEED TO THE ABOVE ADDRESS SPACE ABOVE THIS LINE FOR RECORDER'S USE (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Govt. Code section 27383) DEED RESRICTION UPON THE CITY OF NATIONAL CITY INTEREST IN PROPERTY BEARING ASSESSOR'S PARCEL NUMBER 560-100-04-00 UTILIZED AS THE NATIONAL CITY LIBRARY WHOSE DESCRIPTION IS MORE PARTICULARLY SET FORTH IN TIIE LEGAL DESCRIPTION AFFIXED AS EXHIBIT "A" WHEREAS the State of California has provided grant funds for the acquisition of land to he utilized as the Main Branch of the National City Library; and WHEREAS the State of California has also provided Bond Act funds for the acquisition and construction of a public library facility; and WHEREAS property bearing San Diego County Assessor's Parcel Number 560-100-04-00 has been acquired by the City of National City for that purpose (bearing San Diego County Recorders Number 2004-0089894); and WHEREAS it is the obligation of the City of National City, as recipient of said grant and Bond Act funding from the State of California, to add to the title record of such property certain deed restrictions required by Education Code sections 19989, 19992 and 19999 and Title 5, Division 2, Chapter 3 Library Bond Act Regulations; and WHEREAS the City of National City wishes to fulfill it's obligation to the State of California under law; NOW THEREFORE, the City of National City, a California municipal corporation and General Law City, being the owner of the land and improvements upon Assessor's Parcel Number 560-100-04-00, hereby stipulate and pledge as follows: The State of California has provided funding for the land (more particularly described in the attached Exhibit "A") and the public library facilities thereon. The City of National City bears a legal obligation to have said land improvements utilized as public library facilities and for direct library services for the 40 year period following October 19, 2006, as specified in Education Code section 19999 and Title 5, Division 2, Chapter 3 Library Bond Act Regulations. The use of said property contrary to these special restrictions shall constitute a violation of the terms of the State of California's grant, and no release, modification or elimination of these restrictions shall be valid prior to the lapse of the period set forth above. Date: at City of National City, California Ron Morrison Mayor STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, MICIIAEL R. DALLA, City Clerk personally appeared Ron Morrison, Mayor , personally known to me to be the person whose name is subscribed to on the attached instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Michael R. Dalla City Clerk Exhibit A LOTS I TO 20 INCLUSIVE OF BLOCK 1 OF TEN ACRE LOT NO.7, IN QUARTER SECTION 154 OF RANCHO DE LA NACION, BEING IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2, 1888. ALSO ALL OF THE ALLEY OF BLOCK 1 AS CLOSED TO THE PUBLIC. ALSO TIIE WESTERLY HALF OF THE UNNAMED STREET ("A" AVENUE) LYING BETWEEN BLOCKS I AND 2 IN SAID TEN ACRE LOT 7 ADJOINING SAID BLOCK 1 ON THE EAST AS CLOSED TO PUBLIC USE. ALSO THE SOUTHERLY HALF OF 14TH STREET ADJOINING SAID BLOCK I ON THE NORTH AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION 5259 RECORDED JULY 11, 1956 AS DOCUMENT NO. 95454 IN BOOK 6174, PAGE 277 OF OFFICIAL RECORDS. City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 5, 2008 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to execute a State of California Office of Traffic Safety Grant Agreement in the amount of $132,000 for the purchase of flashing beacons, vehicle speed feedback signs, and a GIS-based traffic collision records system to improve safety. PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION The Engineering Department needs to execute a "Grant Agreement" for implementation of a State of California Office of Traffic Safety Grant for the purchase and deployment of 16 solar -powered flashing beacons, four vehicle speed feedback signs mounted on trailers, and implementation of a GIS-based traffic collision records system to improve safety. The effectiveness of the traffic control devices will be quantified by measuring reductions in vehicle approach speeds both "before" and "after" installation. The traffic collision database will greatly enhance data transfer between the City's Police and Engineering Departments, improve traffic records management, and allow for in-depth analysis of traffic collision locations, factors and types to improve safety. The City of National City intends to improve safety in school zones and feeder neighborhoods The Office of Traffic Safety requires documentation of "local consent and acceptance" as part of the grant agreement process. A resolution from City Council would provide the necessary evidence of support. J Environmental Review X N/A Financial Statement MIS Approval Approved By: OTS Grant: $132,000 Revenue Account # 314-00000-3463 CIP Account #: 314-409-500-598-6574 Finance Director Account No STAFF RECOMMENDATION do • t Resoluti 0 RD / COM 1 SI N EC ION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Office of Traffic Safety Grant Agreement (Signature Page) 1. A-200 (Rev. 7103) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE A STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT IN THE AMOUNT OF $132,000 FOR THE PURCHASE OF 16 SOLAR -POWERED FLASHING BEACONS, FOUR VEHICLE SPEED FEEDBACK SIGNS, AND A GIS-BASED TRAFFIC COLLISION RECORDS SYSTEM TO IMPROVE SAFETY WHEREAS, on February 19, 2008, the City Council adopted Resolution No. 2008-31 authorizing the City Engineer to submit an application to the California Office of Traffic Safety ("OTS") for grant funds for the purchase of 16 solar -powered flashing beacons, four vehicle speed feedback signs, and a GIS-based Traffic Collision Records System to improve traffic safety; and WHEREAS, the City Engineer was notified by the OTS on May 28, 2008, that funding for the grant was tentatively approved pending compliance with the Grant Agreement process that requires a resolution from the City Council supporting the City Engineer's execution of the Grant Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute a State of California Office of Traffic Safety Grant Agreement in the amount of $132,000 for the purchase of 16 solar -powered flashing beacons, four vehicle speed feedback signs, and a GIS-based Traffic Collision Records System to improve traffic safety. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney State of California 7-'r OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT PROJECT NUMBER RS0901 PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE PURCHASE OF FLASHING BEACONS, VEHICLE SPEED FEEDBACK SIGNS AND TRAFFIC COLLISION RECORDS SYSTEM 2. NAME OF APPLICANT AGENCY CITY OF NATIONAL CITY 4. PROJECT PERIOD Month - Day - Year From: 10/01/08 To: 9/30/09 3. AGENCY UNIT TO HANDLE PROJECT NATIONAL CITY ENGINEERING DEPARTMENT 5. PROJECT DESCRIPTION (Provide an overview of the project activities that will address the problem statement, in approximately 100 words. Space is limited to six lines.) The City of National City intends to improve safety in school zones and feeder neighborhoods through the purchase and deployment of 16 solar -powered flashing beacons, four vehicle speed feedback signs mounted on trailers, and implementation of a GIS-based traffic collision records system. The effectiveness of the traffic control devices will be quantified by measuring reductions in vehicle approach speeds both "before" and "after" installation. The traffic collision database will greatly enhance data transfer between the City's Police and Engineering Departments, improve traffic records management, and allow for in-depth analysis of traffic collision locations, factors and types to improve safety. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 132,000.00 7. APPROVAL SIGNATURES A. PROJECr DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Stephen Manganiello PHONE: (619) 336-4382 TITLE: Traffic Engineer FAX: (619) 336-4397 ADDRESS: 1243 National City Boulevard National City, CA 91950 E-MAIL: smanganiello@nationalcityca.gov 1 1 NAME: Maryam Babaki PHONE: (619) 336-4383 TITLE: City Engineer FAX: (619) 336-4397 ADDRESS: 1243 National City Boulevard National City, CA 91950 E-MAIL: mbabaki@nationalcityca.gov (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED To RECEIVE PAYMENTS NAME: Jeanette Ladrido PHONE: (619) 336-4331 TITLE: City Finance Director FAx: (619) 336-4349 ADDRESS: 1243 National City Boulevard National City, CA 91950 -MAIL: jladrido@nationalcityca.gov NAME: City Finance Department ADDRESS: 1243 National City Boulevard National City, CA 91950 (Signature) (Date) OTS-38 DUUOT (Rev. 5/07) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 5, 2008 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City of National City to award a contract in the amount of $1,669,702.72 to ABC Construction Company, Inc. for the Highland Avenue Resurfacing Project and authorizing the Mayor to sign the contract. (Funded by Tax Increment Dollars) PREPARED BY Albert Griego/Kenneth Femande2DEPARTMENT Engineering EXPLANATION Please see attached page with explanation. EXT. 4386/8 Environmental Review X N/A MIS Approval Financial Statement Approved By: The total budgeted amount for the project is estimated to be $2,000,000.00. Account 511-409-500-598-6157. (Tax Increment Dollars) Finance Director unding is available through Account No STAFF RECOMME • ATION Ado the Re • BOARD / N/A IS REC = TION L ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 4. Location Map 2. Bid Opening Sheet 5. Company Biography 3. Bid Summary for the three low bidders A-200 (Rev 7/03) EXPLANATION: In keeping our commitment to the citizens and business owners of the City of National City, City Council has authorized staff to proactively proceed with the third and final phase of this year's $8 Million Resurfacing Project using Rubberized Asphalt Concrete. The project consists of the repair/resurfacing of bituminous pavements on Highland Avenue from Delta Street to E. 8th Street and from E. 16th Street to E. 30th Street using Asphalt -Rubber Aggregate Membrane (ARAM) systems of pavement. Attached is a location map visually displaying what portions of Highland Avenue will be included in the third phase of resurfacing project. The project includes approximately 113,104 square feet of Cold Milling, approximately 54,091 square yards of ARAM, approximately 5,740 tons of Asphalt Rubber Hot Mix, approximately 1,290 tons of Remove and Replace 2" Asphalt depth and replace with PG 64-10, 1 lump sum of Crack Filling, 1,307 square feet of Remove and Replace Sidewalk, approximately 475 linear feet of Remove and Replace Curb and Gutter, approximately 632 square feet of Remove and Replace Cross Gutter, approximately 60 Pedestrian Ramps, approximately 26 Adjustments of Sewer Manholes, approximately 16 Adjustments to grade of Survey Monuments, approximately 7 adjustments to Global Crossing Manholes (Fiber Optics), the reinstallation of approximately 114 Traffic Loops, the replacement of all damaged traffic striping and markings (paint and thermoplastic), 4- 6' x 6', and 12- 18" x 24" signs. All affected pavement markings will be replaced. On July 11, 2008, this project was advertised in local newspapers inviting bids. On July 30, 2008, seven (7) sealed bids were received, opened, and read to the public for the Highland Avenue Resurfacing Project, Specification No. 08-08. The apparent lowest bidder was ABC Construction Company, Inc. Please examine the attached bid opening sheet for other bidders information. Staff has reviewed all the proposals and found the lowest responsive bidder, ABC Construction Company, Inc. qualified to perform the work. The anticipated start and end dates for this project are Monday, August 18, 2008, and Friday, October 17, 2008, respectively. As stated in the Financial Statement, the total cost of the project is estimated to be $2,000,000.00. This amount includes the construction bid price of $1,669,702.72 plus approximately 15% ($250,000.00) for contingencies, and approximately 5% ($80,000) for construction management, materials testing, inspection, and surveying. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ABC CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,669,702.72 TO REPAIR/RESURFACE BITUMINOUS PAVEMENTS ON HIGHLAND AVENUE FOR THE HIGHLAND AVENUE RESURFACING PROJECT WHEREAS, the Engineering Department of the City of National City did, in open session on July 30, 2008, publicly open, examine, and declare seven sealed bids for the Highland Avenue Resurfacing Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Highland Avenue Resurfacing Project to the Iowst responsive, responsible bidder, to wit: ABC CONSTRUCTION COMPANY, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between ABC Construction Company, Inc., and the City of National City in the amount of $1,669,702.72 to repair/resurface bituminous pavements on Highland Avenue for the National City Highland Avenue Resurfacing Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney -0-- CALIFORNIA -4* NATIONAL_ CITy a ro e V, INCORPORATED BID OPENING SPECIFICATION NUMBER: 08-08 PROJECT TITLE: HIGHLAND AVENUE RESURFACING PROJECT TIME: 9:00 A.M. ESTIMATE: $1,715,000.00 PROJECT ENGINEER: ALBERTO GRIEGO/KENNETII FERNANDEZ NO. BIDDER'S NAME (PAGE 15) BID AMOUNT (PAGE 17-18) ADDENDA (PAGE 15) J BID SECURITY (PAGE 20-CHECK (PAGE 21 -BOND) 1. ABC Construction 3120 National Avenue San Diego, CA 92113 $1,669,702.72 1,2 Bond 2. SRM Contracting & Paving 7192 Mission Gorge Road San Diego, CA 92120 $1,708,300.00 1,2 Bond 3. Marathon General, Inc. 130 S. Hale Avenue Escondido, CA 92029 • $1,7 1 1,71 1.00 1,2 Bond 4. Hazard Construction Co. 6465 Marindustry Place San Diego, CA 921292 $1,723,588.72 1,2 Bond 5. Frank & Son Paving, Inc. 1019 3`d Avenue Chula Vista, CA 91911 $1,729,910.80 1,2 Bond 6. Daley Corporation 5370 Eastgate Mall San Diego, CA 92121 $1,754,225.24 1,2 Bond 7. Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, CA 91945 $1,795,351.70 1,2 Bond CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME: HIGHLAND AVENUE RESURFACING PROTECT SPECIFICATION NO 08-08 FIGURES CHECKED BY: Kenneth Femandez PROJECT NO 08-08 CHECKLIST SIGKATvu nlcwn..y .t YLS 'tuccN.•.cm.t YES 'SLONATVI[ . xcw,..c+u.> YES MD DATE: WEDNESDAY. JULY 3421811 raw All SIGNAT URES ARE AFFIXED EumNnA.crwt ,.N.. MOCCMMA,OAS vr.... .1Ano.1 v,.•„• APPARENT LOW BIDDER. ABCC.399d•• Cs. Inc p. TYPE 6 AMOUNT OF BOND BOND CHECK YES BOND CHECK YES 'POND CAECA YES LOW BCD AMOUNT: 51.1 5,50L72 Ca ADDENOUMS TO BE ACKNO.9L,EDGE A771DAVIT AFFIDAVIT AI(IDAVIT ENGINEERS ESTIMATE 51,715.04130 I D1SCL0S1mE • DISCWSUE' OSE DISCLURE I , ADDENDUNS I • • ADOEI.O4s s 1 • 1 -ADDEND... i A ] - - - 1 2 3 1 NO. - ITEM OTT. UNIT !AMC CaN•.••tr C..^7, INC 13. Ns•S A... SD. CA n TI1 Jw. 411.33Ps.n SRA4 Count.. a P.M.1 Iln fdrworyt 8+. •D.CA E11 114Eu M..C...... la. UH.1. Hoe... A...ENwWAVERAGE ULOWEST BIDDING.. CA CONTRACTORS) ru.121sru UNIT COST TOTAL UNIT COST 1 TOTAL UNIT COST TOTAL UNIT COST ----���� 1 TOTAL I N MOBILIZATIO I LS S 50.000 00 f 50,000 00 f 26.953 00 • S 26.953 00 f 38.500 00 f 38.500 00 S 78,I84 77 S 78.181 3) r 2 TRAFFIC CONTROL 1 I LS S 35,000000 f 33.0. .._ f 28,17800 S 28.17800 .. S 77,58990 S 77.58990- S 17022671 S 1702267 COLD MILLING 113.104 SF S 0 ID S 20.358 72 S 0 21 S 23,751 84 S 0 20 S 22.620 60. S 0 20 S 22.243 79 ASPHALT RUBBER AND AGGREGATE MEMBRANE 54.091 SY 5 7 00 f 378.637 00 S 7 32 S 395.946 12 f 7 50 S 405.682 50 • S 7 27 S 393.421 R ASPHALT RUBBER HOT MIX GAP GRADED 5,740 TON S 125.00 S 717.500 00 5 138 20: S 793.268 00 S 12740 S 731.276 00 S 130 20 S 747,348 00 6 REMOVE AND REPLACE 2' ASPHALT DEPTH AND REPLACE WITH PG 61.10 1290 TON S 175 00 S 225.750 00 f 132 50 . S 170,925 00 S 132 35 S 170.731 5U S 116 62 5 189,135 50 7 CRACK FILLING I LS S (1,90000 S II90000 f 12.72400! S 12.72400 f I500000 f I500000 S 13.20800 S 13.208.00 8 REMOVE AND REPLACE SIDEWALK G•7 1307 SF S 7 75 S 10.129 25 S 8 40 S 10.978 80 f 8 15 f 10.652 05 S 8 10 S 10,586 70 REMOVE AND REPLACE CURB AND GUTTER 0.2 MODIFIED 475 LF S 31 00 f 11,725 00 f 40. 70. S 19.33I 50 S 32 55 S 15,161 25' S JI 75 S 16,506 25 10 REMOVE AND REPLACE CROSS GUTTER G12 632 5F f 18 50 f 11.692.00 f 20 30' S 12.829 60 S 17 25 5 10.902 00 S 18 68 S 11.807.157 II REMOVE AND REPLACE PEDESTRIAN RAMPS WITH NEW PED RAMP G28 WITH TRUNCATED DOMES G•30 60 EA f 1930 00 f 115,800 00 f 2.317 00: S 139.020 00 S 1990 00 S 119.400 00S 2.079 00 S 121,740 00 12 ADJUST SEWER MANHOLE TO GRADE PER SDR S.2 26 EA , S 492 00 S 12.792 00 f 200 00. S 5.200 00 S 500 00 S 13.000 00 $ 397 33 S 10.330 67 i 13 ADJUST SURVEY MON TO GRADE SDR MIO 16 EA S 275 00 • S 4400 00 S 96 00 S 1.536 001 S 275 00 S 4 400 00 S 215 33 S 3,445 33 11 ADJUSTMENT OF GLOBAL CROSSING MANHOLES (FIBER OPTICS) 7 EA S 550 00 . f 3.850 00 S 1.469 00. S 10.283 00 S 550 00 S 3.850 00 S 856 33 S 5.994 33 I5 REPLACE TRAFFIC LOOPS PER CURRENTCURRENTPLAN 1 I♦ EA S 250.00 f 28.500 00 S 239.00 • f 27,216 00 S 367.50 f 41,895 00, S 285 50 S 32.547 00 6 16 4 RESTRIPMG OF STREET INCLUDING THERMOPLASTIC STREET MARKINGS. CURB MARKINGS AND STREET TRAFFIC MARKERS I LS . S 24.648 75 S 24.648 75 S 25.516 14 - S 25.516.14 S 26.650 00 f 26,650 00 - S 25.604 96 S 25.604 96 17 SIGNS (4 OF NATIONAL CITY 6'461 4 EA S 555 00 S 2.220 00 S 604 00 , S 2.41600 S 500 00 S 2,000 00 S 553 00 S 2.212 001 )--18 SIGNS (12 OFCIWMB I11•4.24-) 12 EA S 15000 S 180000 S 15800! S 1.69600 S 17500 S 2,I00110 S 161 S 193 71500000 S 1669, 70272 . f 1.70830000 f 1.711.7111NI .I S 1696,t712+ _- -I-51 (After Adderdum• •1 & •2) -._..-1 -2 61. -0 39% -0 19 . .1 07.E 1 I HIGHLAND AVENUE STREET HESURFACING PROJECT SPECIFICATION NO. 08-08 am n. LOCATION MAP SCALE: NONE ji LEGEND: HIGHLAND AVENUE FROM DELTA STREET TO 8TH STREET AND 16TH STREET TO 30TH STREET e./ ABC CONSTRUCTION CO., INC. 3120 National Avenue San Diego, California 92113-2597 Phone (619) 239-3428 • Fax (619) 239-6614 License No. A-254763 July 30, 2008 ('ity of National City City Engineer 1243 National City Blvd National City, Ca 91950 Attn: Maryann Babaki Re: Dear Ms. Babaki; Our firm has been in existence over 50 years performing public works and private development contracting. Our private and commercial projects have included complete site development for various medical buildings, hospitals, institutional and industrial complexes. Public works projects include working with various city, municipalities, Cal Trans and Federal agencies. Our forte is grading, asphalt paving and concrete. Turnkey service includes complete demo, excavation, asphalt paving, concrete items. Street lighting, traffic signalization, storm drain, wet utilities and landscaping. We bid on prevailing and non - prevailing wage type projects and our firm is union signatory. Specific CSI codes involved in our projects typically include 02050 demolition, 02075 concrete removal, 02100 sitework, 02200 earthwork, 02510 asphalt concrete paving, 02520 Portland cement concrete paving, 02523 concrete curbs, 02700 sewage and drainage, 02840 walk, road, and parking appurtenances, 03300 cast in place concrete & 03330 architectural concrete. We have done street overlays for City of El Cajon, City of Lemon Grove, City of Santee, City of Escondido, City of Imperial Beach, City of Solana Beach, City of Del Mar and the County of San Diego. If you should have any questions or need to arrange meeting further with me, please don't hesitate to call. I am looking forward to working with you in the near future. Sincerely, Kenneth Czubernat, President 1 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2008 AGENDA ITEM NO. 7 ITEM TITLE: Resolution memorializing the appropriation of $165,000 from Parks and Recreation Capital Outlay Fund for the completion of a skateboard park in Kimball Park. PREPARED BY: Rudy Lopez � DEPARTMENT Community Services (619) 336-4560 �- EXPLANATION: On May 6, 2008 the City Council unanimously approved the skateboard park project and the allocation of funding for its completion. This resolution memorializes the appropriation of funds. Environmental Review N/A Financial Statement Funds are available in the following account: 115-409-500-598-4128—$165,000 STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A 1?-1-TACHMENTS (Listed Below) Resolution Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEMORIALIZING THE APPROPRIATION OF $165,000 FROM PARKS AND RECREATION CAPITAL OUTLAY FUND FOR THE COMPLETION OF THE NATIONAL CITY SKATEBOARD PARK IN KIMBALL PARK WHEREAS, at the May 6, 2008 City Council Meeting, the City Council approved the Skateboard Park Project and the allocation of funding in the amount of $165,000 for the completion of the National City Skateboard Park in Kimball Park; and WHEREAS, this Resolution is to memorialize the action taken by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Skateboard Park Project and the allocation of funding in the amount of $165,000 for the completion of the National City Skateboard Park in Kimball Park. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT `EETING DATES August 5, 2008 AGENDA ITEM NO. 8 ('EM TITLE Resolution Opposing Fiscally Irresponsible State Budget Decisions that would "Borrow Local Government, Redevelopment and Transportation Funds PREPARED BY Leslie Deese'--! DEPARTMENT Asst. City Manager (336-4240) EXPLANATION Please see attached Staff Report. City Manager Environmental Review ✓ NIA Financial Statement NIA Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS ( Listed Below) Resolution No. 1. League of California Cities Correspondence I2. Resolution A-200 (9/80) Attachment — Resolution Opposing Fiscally Irresponsible State Budget Decisions that would "Borrow" Local Government, Redevelopment and Transportation Funds The California State Legislative Budget Conference Committee recently concluded its work in mid -July and adopted a budget on a party line vote which included substantial tax increases and restored most of the budget cuts in the Governor's May Revise. Neither the Governor's budget nor the Budget Conference Committee supported any Prop.1A "loans". Both Prop. 1A in 2004 (property tax protection) and Prop. 1A in 2006 (transportation funding protection) contain provisions for "loans" from local government and transportation if the Governor declares a "severe state fiscal hardship," but not because the legislature fails to act responsibly. Two balanced budgets have now been produced without borrowing local property tax and transportation revenues, showing it can be done. The League of California Cities is requesting all cities to convey their opposition to the state taking local government, redevelopment or vital transportation revenues to fund the state budget. Such a move would not only have negative consequences for California cities and their residents, but is a disastrous fiscal policy for the state. The state must find a way to re- solve its budget problems without "borrowing" or seizing funds meant for voter -approved local government, infrastructure and community revitalization purposes. Borrowing or taking these funds to pay state operating costs is bad fiscal policy, which further compounds the state's structural budget deficit and undercuts both voter and investor confidence in our economy. California city residents are still paying for the years that the state regularly seized city and re- development funds when the state leaders refused to use only state revenues to balance the budget. The state then started taking Prop. 42 funding for street repairs and transit. Every time the state took funds, cities were forced to defer maintenance and cut important services, lowering the qualify of life in our communities in the process. Borrowing or taking money from local communities will not solve the state's problems; it will only prolong the state's ongoing structural deficit and further jeopardize our economic recovery and the public confidence in state government. State leaders should use cuts or taxes to close the budget deficit, not take local government funds. This Resolution transmits the City of National City's opposition to any and all efforts by state government to "borrow" or seize local tax funds, redevelopment tax increment and transporta- tion sales tax funds by the state government to finance state operations. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS WHEREAS, on July 1, 2008, the State Legislature missed its Constitutional budget deadline; and WHEREAS, both the Governor and the Legislative Budget Conference Committee have recommended balanced budgets without resorting to "loans" or seizures of local government property tax, redevelopment tax increment, and transportation sales tax funds; and WHEREAS, in 1952 the voters of California approved Article XVI, Section 16 of the California Constitution, providing for tax increment financing for community revitalization — not balancing the state budget, and the voters never authorized the legislature to take or "borrow" community redevelopment funds for State programs; and WHEREAS, in 2004, by an 84% margin of approval the voters of California approved Proposition 1A, and sent a loud and unambiguous message to state leaders that they should stop the destructive and irresponsible practice of taking local government funds to finance the State budget and paper over the State deficit; and WHEREAS, in 2006, by a 77% margin of approval the voters of California also approved Proposition 1A, providing similar protections to transportation funding for State and local transportation projects, including important street maintenance and public transit programs; and WHEREAS, both ballot measures allow the Governor to declare a "severe state of fiscal hardship" and "borrow" these funds if they are repaid in three years with interest, but the Governor believes it would be irresponsible to "borrow" such funds because it would deepen the State's structural deficit and cripple local government and transportation services; and WHEREAS, refusal by the Legislature to carryout its Constitutional obligation to compromise on a balanced budget is not a "severe state of fiscal hardship" and would not justify reductions in critical local services, community revitalization programs, and infrastructure maintenance at a time when cities are struggling to balance their own budgets during this economic down turn; and WHEREAS, city investments in infrastructure, affordable housing and basic public safety and other community services will create needed jobs and speed our economic recovery; and WHEREAS, the Legislature should balance the State budget with State revenues and respect the overwhelming support of voters for not using local property taxes, redevelopment tax increment, and transportation sales tax funds to fund the day-to-day operating cost of State programs; and WHEREAS, it would be the height of fiscal irresponsibility to paper over the State structural deficit with more borrowing, and Californians deserve state leaders who will tell them honestly what needs to be done to produce a balanced budget; and Resolution No. 2008 — August 5, 2008 Page 2 WHEREAS, it is time for the State of California to cut up its local government credit cards and deal with the budget deficit in a straightforward way by balancing the State budget with state funds. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby opposes any and all efforts by State government to "borrow" or seize local tax funds, redevelopment tax increment, and transportation sales tax funds by the State government to finance State operations. Such a move would be fiscally irresponsible for the State and hamper effective local services and infrastructure investments. BE IT FURTHER RESOLVED, that the Mayor is hereby directed to send this Resolution and communicate this Council's strong and unswerving opposition on this matter to our State Legislators and the Governor along with an expression of our continued appreciation for the Governor's and any supportive legislators' steadfast opposition to further borrowing or seizure of these funds. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 'ro: FROM: RE: DATE: LEAGUE OF C:ALIFC)RNIA CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: (916) 658-8200 Fax: (916) 658-8240 www.cacities.org STATE BUDGET ACTION KIT California City Officials Chris McKenzie, Executive Director Action Kit for "Cut Up the Credit Card" Campaign for 2008 State Budget July 22, 2008 EXECUTIVE SUMMARY: This communication contains a number of tools for taking action to help convince state leaders to "cut up the local government credit card" as part of this year's state budget negotiations. You are urged to act on these items immediately, including scheduling action at the next council meeting, adopting the sample resolution opposing this fiscally irresponsible proposal. As you know, California is in the midst of a state budget stalemate. In recent weeks, a number of rumors have been circulating that state officials are considering borrowing local government (including redevelopment) and transportation revenues to help close the $15.2 deficit. Last Friday, the Governor confirmed the accuracy of these rumors in an interview with the L.A. Times. In addition to this idea being fiscally irresponsible, the Governor also made it clear that raids on these funds should be avoided because California's voters spoke loudly in 2004 and 2006 when they approved protections for local government and transportation revenues. Friday, July 18, Senate President Pro Tempore Don Perata and Senate Budget Chair Denise Ducheny issued a joint statement reacting to the L. A. Times story saying: "In particular, Democrats have never advocated nor believed in taking money from Propositions 1 A, 42 and 10." Assembly Speaker Karen Bass and Assembly Budget Chair John Laird also issued a joint statement on July 18, saying that they were not considering borrowing from the voter -approved propositions.' There have been no reassuring statements as of this date from either the Senate or Assembly Republican caucuses. It is very important for city officials to communicate that California cities expect the state to close the state's budget with state funds, not local government (including redevelopment) or transportation funds. Enclosed is a State Budget Action Kit the League developed to help you send the message the state needs to "cut up its local government credit card." The materials will all be hosted on the League's Web site(www.cacities.org/budget2008toolbox). This kit includes: • A sample letter from city officials to the Governor and legislative leadership • Talking points • Sample press statement from elected city officials • Sample Letter to the editor • Sample resolution that we urge you to schedule for council action immediately Please work with your League Regional Public Affairs Manager and implement and use as many of these tools as possible immediately as time is of the essence. In a few days, we will have information for you on an additional tool that will help underscore the importance of the state "cutting up its local government credit card." Thanks for all your help. It is important to note that redevelopment funds were not protected by Prop. 1 A in 2004 because they were protected by a separate voter approved constitutional amendment in 1952. LEAGUE ."` OF CALIFORNIA ES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: (916) 658-8200 Fax: (916) 658-8240 www.cacities.org Budget Talking Points for City Officials PRIMARY MESSAGE: It's time for the state to cut up its local government credit card once and for all THE BOTTOM LINE: The state should balance its budget with state revenues. SPECIFIC MESSAGES: Cities are facing many of the same budget challenges as the state —dropping tax revenue and rising energy costs and we must balance our budget with our own revenues. The state needs to close the budget deficit with state revenues, not by borrowing local and transportation revenues. Borrowing is fiscally irresponsible so cut up the credit card. Borrowing or taking local government (including redevelopment) and transportation funds deepens the structural deficit and harms local services. California voters believe it is wrong for the state to seize local government and transportation funds. A resounding majority of California voters supported local property tax protection in 2004 (84%) and transportation protection in 2006 (77%). In 1952, the voters approved a constitutional amendment providing for tax increment financing for redevelopment, not balancing the state budget. The state has the tools to produce a balanced budget. The state has a variety of viable options to achieve a balanced budget, by increasing efficiencies, cutting spending, and increasing revenues. The current budget situation is not a "severe state fiscal hardship" warranting the borrowing of local government and transportation funds through provisions in Props. 1A and 42. And there are no "loan" or seizure provisions at all in Article XVI, Section 16 of the California Constitution, adopted by the voters in 1952, providing for tax increment financing. Two balanced budgets (the Governor's and the Budget Conference Committee) have been proposed without raiding local government funds and transportation funds. A compromise is within reach. Keep Local Funds Local/ Balance the state budget with state funds — not local government and transportation funds that are needed for vital community services, infrastructure and community revitalization. It's Time for the State to Cut Up its Local Government Credit Card Once and For All State leaders should use cuts or taxes to close the budget deficit, not take local government funds My fellow Your City City Council members and I are gravely concerned about the state budget stalemate gripping the Legislature. Year after year we watch our state leaders attempting to bring the pieces of the state budget together without ever doing the dirty work of real budget reform. This year is no different, and it is disturbing that not even four years after the voters passed Proposition 1A imposing restrictions on the state's ability to take local money to close the state's budget, this irresponsible option is again on the table. Your city and California's other 479 cities cannot continue to be the state's credit card to borrow on when times are tight. As local elected officials, we face many of the same budget challenges as our state colleagues. The downturn in the economy has dramatically stalled sales tax and property tax revenues and rising energy costs are a great burden on city budgets. These factors have required cites to cut spending, raise additional revenues and focus on the basics of local government. Frankly, elected officials only have two serious options when times are tough —cut spending or increase revenues. Your city has now had to: Outline local ifnpacts in your city here —programs cut, delayed projects, new revenue sotirce5, etc. California cities are still paying for the years that the state regularly took city and redevelopment property tax funds instead of making tough budget choices. The state then took transportation sales tax money, deepening the impacts locally. Every time the state took from us we were forced to defer maintenance and cut programs, straining city services and responsibilities —roads, parks, public safety, libraries and our residents suffered. As the state took from cities to maintain or expand its spending, we were forced to shoulder deep budget cuts and tax increases that should have been the responsibility of the state. Gov. Arnold Schwarzenegger stood in 2004 with local government leaders and the people of California to end the reckless practice of taking local revenues. He spoke loudly saying that the state had to stop taking local government funds to solve its budget problems. Prop. 1A passed with support from 84 percent of voters, giving a clear mandate that local revenues should be left locally, not continuously high jacked by the state. Two years later a second measure to protect transportation funds was supported by the Governor and approved by 77 percent of the voters. The message of these two votes and an earlier one concerning redevelopment funds in 1952 was clear: leave local funds local and use transportation funds for transportation. Prop. 1A allows the state to borrow from local governments only in a "severe state of fiscal hardship." Today's situation doesn't qualify as that; it's a structural deficit that the state must face through a balanced approach which cuts spending and raises revenue. Both the Governor and the Budget Conference Committee have produced budgets that do just that. The Legislature isn't facing a "severe state of fiscal hardship" as much as a lack of political will and leadership. We want our state leaders to be honest with Californians —solving this budget crisis requires sacrifice from everyone. We appreciate the fact that the Governor has continued to stand with cities, protecting local revenues and transportation funds from future raids. He said in April on national television that the state can't steal money from local governments or transportation any more when it runs out. That is what the voters have said they want. That is as it should be. State leaders need to understand that borrowing their way out of a financial hole doesn't address the real problem and is downright irresponsible. It also fails the acid test of leadership: to leave the state or your city better off than when you arrived. This practice must stop once and for all if we have any hope of rectifying California's structural problems and rebuilding our golden state. Local funds should stay local, and the state should balance its budget with state funds. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 05, 2008 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement in the amount of $61,384 with Global Presenter Inc. to upgrade the Council Chambers audio/video systems to facilitate video archiving of council meetings. PREPARED BY DEPARTMENT Ron Williams MIS (Ext. 4373) EXPLANATION The City of National City currently records council meetings to magnetic cassette tapes for sale to the public. The proposed audio/video system would allow video recorded council meetings to be available via the City's website or DVD in the City Clerk's office. M.I.S. has obtained the following price quotes for the audio video upgrade: Western Audio Visual $93,769.07 CompView $76,147.83 Global Presenter Inc. $61,384.00 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 Global Presenter, for the following reasons: 1. Global Presenter provided the City of National City with the widest range of options. 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 \I N/A Financial Statement Approved By: (1-nance Director Account No. 630-409-500-598-8031 STAFF RECOMMENDATION Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Contract A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GLOBAL PRESENTER.COM, INC., TO PROVIDE AUDIO VISUAL EQUIPMENT AND SERVICES WHEREAS, the City desires to employ a contactor to provide Audio Visual Equipment and Services; and WHEREAS, the City has determined that Global Presenter.Com, Inc., is qualified by experience and ability to perform the services desired by the City, and Global Presenter.Com, Inc., is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Global Presenter.Com, Inc., to provide Audio Visual Equipment and Services. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney From: 07/29/2008 15:32 U894 P.001/017 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GLOBAL PRESENTER.COM, INC. THIS . AGREEMENT is entered into this 5th day of August, 2008, by and between the CITY OF NATIONAL CiTY, a municipal corporation (the 'CITY"), and GLOBAL PRESENTER.COM, a California Corporation (the CONTRACTOR). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Audio Visual Equipment and services. WHEREAS, the CITY has determined that the CONTRACTOR is an Audio Visual Integrator 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 COILTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth In the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A' to keep staff and City Council advised of the progress on the project. The CITY may unilaterally,, or upon request from the CONTRACTOR from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams 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. Blair Moses thereby is designated as the Project Director for the CONTRACTOR. From: 07/29/2008 15:33 #994 P.002/017 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly ()Wings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit `g` shall not exceed the schedule given in Exhibit "A ' (the Base amount) without prior written authorization from the IT Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit `A'as determined by the CiTY. . _ _ The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date -of -final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptablhty 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 performanoe 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 shalt, 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 "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shal become the property of the CITY for use with respect to this Project, and shall be tumed over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 From: 07/29/2008 15:34 1994 P.003/017 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of thls project, unless otherwise mutually -agreed. 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. 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 subCONTRACTORs shall require the sub CONTRACTOR to adhere to the applicable terms of this Agreement. 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 APPUCABLE 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 3 Cltys Standard Agreement — June 2008 revision From: 07/29/2008 15:35 4994 P.004/017 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 (6) 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 CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap. or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 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 ail legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 CIt1s Standard Agreement - June 200E revision From: 07/29/2008 15:36 f994 P.005/017 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. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, anddefense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 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 claims, demands, payments, suits, actions, proceedings and judgments of every- nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CiTY or its officers, employees, or volunteers, for or on account of any liability under any of saki 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. If checked, Professional Uability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile Insurance shall include 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. 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 Agreement. in addition, the "retro" date must be on or before the date of this Agreement. 5 Clt's Standard Agreement — June 2008 revision From: 07/29/2008 15:37 ft994 P.006/017 I. Insurance shall be written with only Califomla admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vlll 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 and approved by 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 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 attomeys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 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, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 6 Citya Standard Agreement — June 200E revision From: 07/29/2008 15:38 11994 P.007/017 CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CiTY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and fess any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CiTY all rights set forth in Section 6. E. The CITY further reserves the. right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;-(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit In a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) If given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Blair Moses 2011 Paseo Dorado La Jolla, CA 92037 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. 7 Cirys Standard Agreement — June 200E revision From: 07/29/2008 15:39 11994 P.008/017 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of thls 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 shalt 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 CONTRACTORrepresents 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. D 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. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any dale 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 solety for the convenience of the parties hereto, am 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 govemed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or 8 Citys Standard Agreement — June 2008 revision From: 07/29/2008 15:40 4994 P.009/017 promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. - K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (II) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GLOBAL PRESENTER.COM, INC. (corporation - signatures of two . afti r,) By: By: Ron Morrison, Mayor (Na APPROVED AS TO FORM: By: George H. Eiser, III (Name) (Print ON (Titre) City Attomey /&J/t (Print) ire Si ,G (Title) 9 $ CItys Standard Agreement - June 2008 revision From: 07/29/2008 15:40 H994 P.010/017 lobal�� PRESENTER M(ETlNa ROOM DESIGNS AND SYSTEMS INTEGRATION Headquarters 17911 Sampson Lane Huntington Beach, CA 92647 Blair Moses - San Diego Sales 858-405-5204 cell 877-964-5622 - Voice 714-842-4350 - Fax bmoses•globalpresenter.com www.globalpresenter.cow Exhibit A This document covers work performed between August 1, 2008 and December 31, 2008 City of National City Council Chambers Video/Monitor Upgrade Installation Quotation System Summary Scope of Project: The following proposal presented by Global Presenter/HAYS is intended to address the upgrades at the City of National City Council Chambers that were discussed at the meeting held on July 2nd & 3'1, 2008. The issues discussed are as follows: • We would monitors • We would overf low • We would with (4) • We would Meetings like to replace the existing projection screens with LCD at optimal locations for Council and audience viewing. like to add a monitor outside the Council Chambers for viewing. like to replace the (2) speakers sitting on the floor speakers strategically wall mounted throughout the room. like to install a camera system to allow for all Council to be streamed and archived. • We would like the system to be simple to future upgrades in mind. control and designed for Our goal is to give the City of National City the options that best fit the City's expectations and budget. We have considered future growth and future upgrades in our system design and the equipment specified. This document includes a description of the systems proposed and the pricing associated with each system. Due to the asbestos 10 Gtys Standard Agreement —June 2008 revlslon From: 07/29/2008 15:41 11994 P.011/017 situation; all items will be wall mounted to include; (2) monitors inside the Chambers, (1) monitor outside the Chambers for overflow, (1) camera for video streaming and archiving the Council Meetings and (4) speakers inside the Chambers for better sound reinforcement and to clean up the area in front of the Council dais. There are two (2) existing speakers outside the Chambers that will remain for overflow audio. _The City's facilities department would be responsible for providing cable paths / room in existing conduit as necessary and a clock outlet electrical at each monitor location. Our installation crew will coordinate very closely with the City's facilities department on all matters relating to the new upgraded system. The City is responsible for any asbestos remediation; should they deem this necessary. All asbestos remediation and related items MUST be completed per the City of National City's remediation plan. Note: Further coordination is needed with the City to find the cable path to connect to the City's existing Streaming system. our professional staff of programmers and installers will complete this installation in a clean, neat and professional manner on time and within the budget proposed. We will provide the labor to install, upload, set-up and test all of the control equipment then provide instruction and training for the City staff on how to use the system. A post -installation review 30 days after system acceptance will be scheduled and will include brush -up training for the City staff. Monitor System: The monitor system will consist of any combination of (2) 52" and (1) 65" LCD Monitors. Two monitors will be located inside the Council Chambers; one behind the Council to the left for audience viewing and one to the left side of the Council for the Council viewing. The third monitor will be wall mounted outside the Chambers to be used for overflow. Equipment Rack: An equipment rack will be assembled and installed into the closet to the right of the Council dais. This equipment rack will house the DVD/VCR Combo unit, computer and video switching unit amplifier and video and audio distribution components for streaming and archiving the Council Meetings. A computer interface will be located inside the City's existing podium to allow for the City supplied laptop computer connectivity. 11 Citys Standard Agreement — Jame 2008 revtelon From: 07/29/2008 15:42 4994 P.012/017 Camera / Streaming System: One (1) pan/tilt/zoom camera will be strategically wall mounted to allow for the best view of the Council meeting. The discussion at this time was to provide the City with a simple system that would not require an operator. The goal is to connect this camera to the City's existing streaming system to allow them to stream their Council Meetings as well as archive them for future viewing. Note: Furthbr coordination is needed with the City to determine angle of view. This system may require an additional wide-angle lens. Option: More cameras -can be added to this system to allow for different views of the Council Meeting; however, by adding additional cameras the City would also have to add preview monitors and a production switcher that would also require an operator. Control System: A control system will be provided to allow for an intuitive and simple way for the City Staff member to control the sources to be seen on the monitors and heard through the speakers. There will be one 12" Touch Panel located on the dais. This Touch Panel will have a button for the camera to allow it to go to its preset angle and to start recording to the City's existing streaming system. We discussed that our programmers will provide enough processing power for the City to add additional items ouch as a voting system, a timer and a request to speak system at a later date Pricing Per Section: (Please remember these sections are interlinked. It is important that we work together to value engineer this system to meet you budget. It is not as simple as just deleting a section.) Monitor System: - Labor Materials Programming See Control System Equipment- (2) 52" Sharp LC52D64U monitors and (1) 65" LC-65D64U with Chief industrial tilting wall mounts $13,564.00 12 CMye Standard Agreement — June 2008 revision From: 07/29/2008 15:43 11994 P.013/017 Sub Total $19,334.00 Equipment Rack: Labor Materials Programming See Control System Equipment- to include: QSC 8-channel amplifier, Middle Atlantic 27 space` rack with custom shelf and power strip, (2) Clearone SR1212 12 x 12 digital matrix mixers, Extron CrossPoint 300 84 HVA Matrix Switcher, Extron RGB 192 Universal computer -video interface, Extron 12' VGA M-M with audio, Extron SY BNCE/.1 Vga to 5 BNC mini high resolution cable, Extron IN1508 eight input scaling presentation switcher, Sony Industrial DVD/VCR combo $10,496.00 Sub Total $16,456.00 Camera: Labor Materials Programming See Control System Equipment - Vaddio WallView 7OPTZ Camera with pan/tilt/zoom system $1,569.00 Sub Total $5,869.00 Speakers: Labor Materials Programming See Control System Equipment - (4) Atlas Soundolier 5.25" 2 way wall mounted speakers with u-brackets 8m/100w $530.00 Sub Total $3,827.00 Control System: Labor Materials Programming Equipment- Crestron professional PRO-2 processor with 12" Touchpanel Isys G with quick media. Sub Total 13 $5,399.00 $7,839.00 $15,898.00 City$ Standard Agreement — dune 2009 revision From: 07/29/2008 15:43 #994 P.014/017 Grand Total $61,384.00 Terms Net 30 days with purchase order. This quotation valid 30 days. ++ Pricing plus tax and shipping. Conditions This quote is based upon an efficient use of scheduling. Any delays, changes in job scope or wasted time or trips could.tesult in additional charges. Warranty All installation materials and labor warranted against defects in workmanship for one year. Any service calls resulting from system misuse or abuse will be billed to per hour, portal to portal, Monday through Friday, Sam to 5pm. Regards, Blair Moses Global Presenter - San Diego (858) 405-5204 FEDERAL TAX ID (EIN) # 33- 08974434 CA Sellers Permit #97-673635 Small Business Certification (CA) #23179 California Contractor's License #822479 Dun & Bradstreet #109376033 I agree with the —above terms and would like to proceed with this project. 14 date Cttya Standard Agreement— June 200E revision From: 07/29/2008 15:43 4994 P.015/017 AcoRD. CERTIFICATE OF LIABILITY INSURANCE '"ROOUCER kited Agencies, Inc. 4A License #0252636 100 N. Tirst St., Ste. 3D1 Burbank CA 91502 Phone:800-800-5880 1ax:877-901-5522 OPID GLOBA-4TJAT>< (I mooYYYI 07/25009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NA/CO I6URED G1obalPreseater.c4mhs Attn: Ton Griiffff�itt 17911 eampion Lane Huntington Beach CA 92647 INSLRERA Great Divide Insurance Co. BELLE i B. SaRER c. tSLRER D: PIER E' COVERAGES TIE POLICES CF WSuuNCE LISTED BELOW HAVE N4Y RECUREAENT. TER A OR CO►ORWN Or ANY CON1flPCT WAY PERTAty 1Tf Nsuw*CE AFFORDED BY THE POLCES POLICES AGGREGATE UNNTS 6HOMM MAY µw.S BEEN BEEN IS6l.ED l0 niE maill D NNED /AONE OR 0T162 00cL €NT WTM RESPECT FOR 1}E POLICY PERIOD INDIG*1ED. NOTWIINSTNico40 TO W1iCH THIS CFR11F1CATE MAYBE ISSUED OR TO ALLTIE !! Al. ETa U.Sice4S NO co Orn0Ns OF SUC31 DESCRIBED HEREIN IS SUBJECT repumD BY PAO CLAMS. um NBRO TMEOFNEURAMM rOtICY NLSeEER =MOW OAIE (W/OD Y MIS A X GENERALUNDLAY X comERCw.GENERkLwetrTY CPA1019326 01/04/08 01/04/09 EACJi OCCui1Tfl4CE s 1 , 000 , 000 PRa1SEAe=e; $100;000 OAKS H&DE X OCCUR N€D DIP (Ary cn. puunl s Excluded PERSONNL a ADV IN,AIRY S1,000,000 GENERAL AGOREGATE S2,000,000 GENt AGGREGATE LIMIT APPLIES PER• —1PCUCY n PAT‘ IT LOC PRODUCTS - COI,PJOP AGG $ 1 , 0 00 , 0 0 0 A A AUTOYOILELNELRY _�, — X x ANYNJTO Alt OM ED ALJTOE JTO saisaAIDNS HLZED AUTOS MY4. MEDALnos CPA1019326 01/04/0S 01/04/09 O IN SNGIELIMT $1,000,000 13001.Y WJ Y IPerpereml s BOCLY RUBY cPweeaewe) s PROPERTY DAMAGE (Per ecdCerel GAIMGE LAJSRRY ANY AUTO AUTO ONLY . EA ACCIDENT I OT1ER T1iAN EA ACC 1 ALTO CrIY: AEG $ A ERCESPIUMBNBLLLIAIUTY x X joccap a euADE RETENTION s10,000 cau0ii32e 01/04/08 01/04/09 EA01OCcu NCE s2,000,000 AGGREGATE s2,000,000 s s WORiQims erumeurummun ANY OFFeCETYAEMBER Y yes SPECIAL omeme 110N AID PROPWETORJPARTER/BecutiVE TORY LMITS [ IOER E.L. EACHACICDENT $ EKUUDIED'I QeeCrOe YIWer ' PROVISIONS beb1. EL DISEASE - EA EMPLOYEE I EL DISEASE - POLICY LJWT $ OMER OESCRPTE N OF 0PBM710W I LOCATION, I V@ICLEI I EXCLLJv0N$ ADDED BY ENDoRli TiMT I SPECIAL PROM The City of National City, its officers and elected officials, agents are named as Additional Insured on the General Liability if required by written contract, as respects to the operations Insured. N$ employeea and Coverage, of the Named CERT9°ICATE HOLDER CANCELLATION The City of National City Ashley Fenton 1243 National City Blvd. National City CA 91960 IFDLLA ANr OF'THE AE011i DE/CMED ►DUCE/ EE CA/CELLJD avam THE EA'PRATTON DATE TJSmEOF, THs SWUM P4IUR= WLL ENDEAVOR To ALOE 10 DOT'S WNFTB1 'CUM TO TKE CERfl19U1E I40LOER PANED TO Tm* LEF1 /UT FALL TO DO SO SMALL MPOSE ND CEUGAVON OR I. ARUM OF ANY KND UPON THE P46JEER, IT3 AGENT, oR Rtmamo ETNEa 794.crezih.v., ACORD 25 (200110II 0 ACORD CORPORATION 19E8 From: 07/29/2008 15:44 fl994 P.016/017 NI,.s..IL .A IA O 1 PI1 . 1 I.J.I.UL ?VVI Page 2of2 ACORD ,.a. `j� :5).,1 e, a l - .� A p�. P1 [4 to ..,AA 1; T` > 1' i + } � .,zn.. X}�? rk . 5hilbe, DATF QI�IUDDJYY) `sa 1 07/25/2008 ,. w.a....,,, :.sn..c.. ;;At.'-'EKtri4.. rri. - . i u; Ik -"• t`';!,� .f? �!x: d.1; , '�0:s,r. �?.ett_ r.�."..k.'.`;' RODUCER Serial it A24283 AON RISK SERVICES, INC. OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE S1100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI, FL 33131-4937 COMPANIES AFFORDING COVERAGE -I PHONE:800-743-8130 FAX: 800-522-7514 COWAN! A AMERICAN HOME ASSURANCE COMPANY SOURED ADP TOTALSOURCE FL XXIX, INC. COWAN( B 102OO SUNSET DR NE MIAMI, FL 33173 *ALTERNATE EMPLOYER: cOwANT C GLOBALPRESENTER.COM COMPANY D e 7"t' V s '_ !:3FjilFff, w�F- .. ' 3�'r.�te. •i..-.,i. 7,1 •f .F .x:cv. 5- •> •.k,,T-' .7-15/7f- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, NT, TERM OR CONOFTION OF CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE ,K orrrr -it,i i.,{s�. . BEEN ISSUED TO THE B4SUREDNAw1ED ABOVE FOR THE POLICY PERIOD ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS B Y THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS I R TYPE OF INSURANCE POLICY MJMBIBR _ _ ..- POLICY EFFECTIVE „DATE ►oULY Q)DRATHaN DATEpESICKE LIMITS •-- GENERAL UABIUTY GETERAL AGGREGATE S COMMERCIAL GENERAL LIABLITY PRODUCTS• CCAPIOP AGG S " - CLAM6 MADE OCCUR PERSONAL.I ADV KURT i , OWNER'S t.CONTRACTOR'S PROT EACH OCCURRENCE S ICE muck moo's* S (*DE)(P (MYom person) AUTOMOBILE — LUIBIUTY ANY AUTO �S MIT SEIGLE T S ___ ALL OWNED AUTOS SCHEDULED AUTOS DODLvr+Am IPer person) $ HIRED AUTOS NON.OWNED AUTOS We `' " _ PROPERTY DAMAGE - $ GARAGE LIABILITY AUTO ONLY -EJAACCCe1T S ANY AUTO OTHER THAN AUTO ONLY. .._— EACH ACCCETJT S -- AGGREGATE S EXCESBUAMLJTY EACH OCCURREAKE S UMBRELLA FORM AGGREGATE S OTHER THAN UldBRELLAFORA S woRlcars coirENwmoN AND WC 4307284 CA 07/01Y2008 07/01/2009 X T weu psi It. , EM'tOYERrLY181UTY EL EACH Accoefr S 1,000,000 ME PROPIEgW PARINEREODIEC JR.E NCL EL ASEASE • POUCY LMT S 1,000,000 orrice RS ART. E%CL B. DGEASE-EA EMPLO P-E S 1,000,000 OTHER IP110N OF OPERATIONS&OCATIONSN6iC1Ep$PEC*AL REMO MPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADP TOTAL SOURCE. RCS PAYROLL, WILL BE COVERED 1 1DER THE ABOVE ED POLICY. 'Tim ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLICY. REF: ITS OFFICERS AND ELECTED OFFICALS, EMPLOYEES AND rrs. THE CITY OF NATIONAL CITY ATTN: ASHLEY FENTON 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 OVULE ANY OF THE ABOVE DESCRIBED PDLHCIER BE CANCELLED BEFORE THE :%PHATION DATE THEREOF. THE ISSUNG COM PAWY %LL ENDEAVOR TO MAL 30 OATI v$RIRT)l HQSHCETO TITECERTVICATEHOLDER NAIAeuTO THE MT. RUr FALURETO MALRUCH NOME $HALL IMPOSE No OBUGATroN OR LLULIry OF ANT KW UPON THE COMPANY. Ira AR NTS OR RGPRESEN/ATWES. AUTHbitESELT rer#RE/ERJATrT�c AON RISK SERVICES, INC. OF FLORIDA S1t a _ �s V From: 07/29/2008 15:46 11994 P.017/017 „a.w<.A,o rU.[V AM rage: 1 or 1 kCORD CERTIFICATE OF LIABILITY INSURANCE OPID GLOM-7 °A't`L"MD°"'"Y' 07/25/08 OR RODUCER V ‘d Agencies, Inc. .tense 10252636 .0u N. First St., Ste. 301 fnrbank CA 91502 ?hone:800-800-5880 Fax:877-901-5522 THIS CERTIFICATE IS ISSUED AS A PATTER OF INFORMATION ONLY AHD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW. INSURERBAFFORDINGCOVERAGE NA/CS mullet) GlobalPresentet cQfTL Attn: Tony Griffiths 17911 Samp3on Lana Huntington Beach CA 92647 INSIFERA Great Divide Insurance CO: wsuRER B NaAfRc ENSLfER D INSURER E :OVERAGES DE PCtICIES OF INg-RAACE L157E0 BELOW RAVE BEEN I5SJED TO THE INsLAED NANCD ABOVE FOR 11E P0.ICY PERIOD NQICA1ED NUI wine TNO1 JG ANY R£OUIREMENT, TERw OR coNDMON of ANY CONTRACT OR ODER DOCXA%ENT WITH RESPECT TO bM 5cH THIS CERTIFICATE MAY BE IMSl D OR MAY PERTAN, THE INSLRAN cE AFFORDED BY DE POLICES DESCRIBED IEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AAO CorCITNOFIS of SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN RmJCED BY PAID CLAIMS. LKAMM TR P4SR9 ME OF NIUTANCE POLICY NWBER POLICYE,YtI.MIL -Pxi DATE (MMWOI N) IRJN DATE LRCM 1 X GENERAL X UARIUTY CCAEERCLALGENERAL LIABLrTY - - • -• CPA1019326 01/04/08 01/04/09 EACH OCCURRENCE $ 1 , 000 ;b 00 Pf 15E5(Ea Idau.rr,.) 5100,000 CLNMs Lv+oE X OCCIR LED EXP Wit one person) s EXcluded PERSONA! d ADv INJLRY 5 1 , 000 , 000 GENERAL AGGREGATE s2,000,000 GEM AGGREGATE LII4TTT APPLES PER —1 PoucY n IECI n LOC PPODIA'TS - COMP/OPAGG S1,000,000 �- , AUTONOELE ^---i X X LIABim MN AU To NA OY,MED AUTOS SCFEDLILED AUTOS HIRED AUTOS HON-Owl•ED ALRO6 CPA1019326 01/04/08 01/04/09 COr.E!IN®SINGLE LIMIT (E..cdd.nt) f 1 QQQ QQQ ' ' BODILY INJLRY (P.r mrseAl $ BODILY N„LIRY rpm .edd.1) $ PROPERTY DAMAGE (Per Aeolian) GRACE i LMADILm ANY Am, AUTO ONLY - EAACCIDENT f OTHER TNAN EA ACC $ AUTO ONLY . ACM f EMU/UMBRELLA 1occLR X LL MM, 0cLNMsMAOE C>EDUCrea RETENTION 410,000 -- CUA1019328 01/04/08 01/04/09 EACH OCCIXNf ecE 42,000,000 AGGREGATE s2,000,000 f 5 $ S WORMS COM►ESaMION AND 6mmoYERr LIAYL(TY ANY PROPRE:TOR/PARDERrEXECUTNE OFFICERAEMBER DLC0LDED7 Ifya� dS c b. ud.r S'SCIAL PROVISIONS Odpw _ _ DORY lI A ER EL EACH CW4T f E.L. DISEASE • EAENPLOYEE $ E L c*SEASE - POLICY Limn'f OnHER RPflON DF OPERATX]N/ N LOCATIONS I VEN$CLEs I EXCLUSIONS ADDED BY ENDORSEMENT / MOM PROVISIONS e City of National City, its officers and elected officials, employees and ents are named as Additional Insured on the General Liability Coverage, required by written contract, as respects to the operations of the Named shred. :TIFICATE HOLDER CANCELLATION The City of National City Ashley Fenton 1243 National City Blvd. National City C?L 91950 f*IOLILD AIN cc TIE ABOVE DESCRIBED POUCIE$ BE CANCELLED BEFORE THE EXP/RATRN DATE THEREOF, T►E rssUSNG INSURER WEI ENDEAVOR TO MAL 10 oars WRITTEN NOITCE TO THE CERTTFICATE HOLDER NAMED TO THE LETT, BUT FALURE TO DO s0 SHALL IMPOSE NO OBUOATpN OR LIABL rrY OF AM' 10N0 U►ON THE NSURER, rrs AGENT% 0R REPRESEMATIVEs. "AIIT}1QRrjgD REzz RD 25 (2081108) A ACORO CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 5, 2008 AGENDA ITEM NO. 10 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER, AND DECLARING ITS INTENTION TO GRANT, A NON-EXCLUSIVE FRANCHISE TO NEXHORIZON BROADBAND OF SOUTHERN CALIFORNIA, INC., TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY, PURSUANT TO CHAPTER 6.10 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY George H. Eiser, III ( / DEPARTMENT City Attorney EXPLANATION Please see attached memorandum. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution scheduling a public hearing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Resolution 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 TO: Mayor and City Council DATE: July 30, 2008 FROM: City Attorney SUBJECT: Proposed Resolution Scheduling a Public Hearing to Consider Granting Non - Exclusive Franchise to NexHorizon Broadband of Southern Califomia, Inc., to Construct, Maintain, and Operate a Cable Television System Within the City On March 7, 1989, the City Council adopted Ordinance No. 1970, granting a non- exclusive franchise to Ultronics, Inc., doing business as National City Cable, Inc., to construct, maintain, and operate a cable television franchise within the City. Ms. Barbara Altbaum, President of Ultronics, Inc., has informed the City of the sale of National City Cable, Inc., to NexHorizon Broadband of Southern California, Inc., and has requested the transfer of the franchise now held by National City Cable, Inc., to NexHorizon Broadband of Southern California, Inc. Prior to the granting of a cable television system ("CATV system") franchise, Chapter 6.10 of the National City Municipal Code requires that the City Council pass a resolution declaring its intention to grant such franchise, and setting a public hearing to consider granting said franchise. The resolution must also state the name of the proposed grantee, the character of the franchise, and the terms and conditions upon which the franchise is proposed to be granted. As set forth in the proposed resolution, the City's intention to grant a non-exclusive franchise to NexHorizon Broadband of Southern California, Inc., to construct, maintain, and operate a cable television system within the City, is based upon the following terms and conditions: Grantee: NexHorizon Broadband of Southern California, Inc. Nature of Franchise: Non-exclusive franchise to construct, erect, maintain in, upon, along, across, above, over and under the public streets and ways, now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, manholes, and other cable television conductors, apparatus, and fixtures necessary or convenient for the maintenance and operation of a cable television system to transmit television, FM radio, and other signals within the City. Effective Date of Franchise: Thirty (30) days after adoption of the ordinance granting the franchise. Term of Franchise: Twenty (20) years. ® Recycled Paper Cable Television Franchise July 30, 2008 Page Two Franchise Fee: Grantee to pay annually to the City five -percent (5%) of its gross annual receipts, as that term is defined in Section 6.10.010 (H) of the National City Municipal Code. Channel Capacity Programming: Grantee's entire system to be constructed at no less than 62 channel capacity. Construction Schedule: Grantee's cable television system to be constructed within two (2) to five (5) years. Elimination of Broadcasting of Objectionable Programming: Grantee to eliminate objectionable adult pay television programming for those subscribers who do not wish to subscribe to such programming. If the proposed resolution is adopted by the City Council, a public hearing to consider the granting of the franchise will be scheduled for August 19, 2008, at 6:00 p.m. GEORGE H. EISER, III City Attorney GHE/gmo • Page 2 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER, AND DECLARING ITS INTENTION TO GRANT, A NON-EXCLUSIVE FRANCHISE TO NEXHORIZON BROADBAND OF SOUTHERN CALIFORNIA, INC., TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY, PURSUANT TO CHAPTER 6.10 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, on March 7, 1989, the City Council adopted Ordinance No. 1970, granting a non-exclusive franchise to Ultronics, Inc., doing business as National City Cable, Inc., to construct, maintain, and operate a cable television franchise within the City; and WHEREAS, Ms. Barbara Altbaum, President of Ultronics, Inc., has informed the City of the sale of National City Cable, Inc., to NexHorizon Broadband of Southern California, Inc., and has requested the transfer of the franchise now held by National City Cable, Inc., to NexHorizon Broadband of Southern California, Inc.; and WHEREAS, prior to the granting of a cable television system ("CATV system") franchise, Chapter 6.10 of the National City Municipal Code requires that the City Council pass a resolution declaring its intention to grant such franchise, and set a public hearing to consider granting said franchise. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby sets a public hearing for August 19, 2008, at 6:00 p.m., or at such time thereafter as the matter may be heard, in the City Council Chambers, 1243 National City Boulevard, National City, CA, as the time at which the City Council may consider granting a non-exclusive franchise to NexHorizon Broadband of Southern California, Inc., to construct, maintain, and operate a cable television system within the City, and the time at which any person having an interest in or any objection to the granting of such franchise may be heard. At the time set for the hearing, the Council shall proceed to hear and pass upon all protests, and its decision thereon shall be final and conclusive. Thereafter, the Council may grant, modify, or deny the franchise. BE IT FURTHER RESOLVED that the City Council hereby declares its intention to grant a non-exclusive franchise to NexHorizon Broadband of Southern California, Inc., to construct, maintain, and operate a cable television system within the City, based upon the following terms and conditions: Grantee: NexHorizon Broadband of Southern California, Inc. Nature of Franchise: Non-exclusive franchise to construct, erect, maintain in, upon, along, across, above, over and under the public streets and ways, now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, manholes, and other cable television conductors, apparatus, and fixtures necessary or convenient for the maintenance and operation of a cable television system to transmit television, FM radio, and other signals within the City. Effective Date of Franchise: Thirty (30) days after adoption of the ordinance granting the franchise. Term of Franchise: Twenty (20) years. Resolution 2008 — August 5, 2008 Page 2 Franchise Fee: Grantee to pay annually to the City five -percent (5%) of its gross annual receipts, as that term is defined in Section 6.10.010 (H) of the National City Municipal Code. Channel Capacity Programming: Grantee's entire system to be constructed at no less than 62 channel capacity. Construction Schedule: Grantee's cable television system to be constructed within two (2) to five (5) years. Elimination of Broadcasting of Objectionable Programming: Grantee to eliminate objectionable adult pay television programming for those subscribers who do not wish to subscribe to such programming. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to provide notice of the public hearing scheduled herein by causing this Resolution to be published at least ten (10) days prior to the date of said hearing in an official newspaper of general circulation within the City. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE August 5, 2008 11 AGENDA ITEM NO. ( ITEM TITLE Warrant Register # 1 for the period of 06/25/08 through 07/01/08 in the Amount of $501,347.42 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 06/25/08 through 07/01/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp Ret Sys 221560 260,291.91 Emp Ret System PPE 06/16/08 Villa Ford 221583 94,125.47 PD-08 Ford Crown Victoria Payroll Various 985,242.18 PPE 06/16/08 1 (Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 501,347.42 BOARD / COMMISSION RECOMMENDATION 1. Wan -ant Register #1 -. ATTACHMENTS ( Listed Below) Resolution No. A-200 (Rev. 7/03) PAYEE ACEDO AGUIRRE AIRGAS-WEST ALL FRESH ALLEN AMERICAN LUNG ASSOC OF CA AWARD MASTER INTERNATIONAL INC AWARD MASTER INTERNATIONAL INC BANK OF AMERICA BANK OF AMERICA BEST BEST & KRIEGER LLP BOOT WORLD BOYD BUSH POWER BRAKE SERVICE C W REED JR CAROLINE'S FLOWERS CHILDREN'S HOSPITAL CHOICEPOINT "•HULA VISTA POLICE DEPARTMENT �''NTAS DOCUMENT MANAGEMENT •TY-WIDE ELECTRONICS CONDON CORNEJO CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CTS LANGUAGE LINK D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC DAY WIRELESS SYSTEMS DEFRATIS DENNISON ASSOCIATES DICERCHIO DISCOUNT SPECIALTY CHEMICALS DIXIELINE LUMBER CO. DREDGE ED REED EMERGENCY EQPT. ENGINEERING -WERT, PHILLIP 'SEX KINKO'S _RNANDEZ FRED PRYOR SEMINARS • i WARRANT REGISTER # 1 7/1/2008 DESCRIPTION RETIREE HEALTH BENEFITS JULY'08 EDUCATIONAL REIMB - FIRE MOP 45714 RECREAT SUPPLY - CS FOOD RETIREE HEALTH BENEFITS JULY'08 REIMBURSEMENT FOR FEB 2008 PLAQUE/CORNERSTONE CHURCH PLAQUE/THE CITY OF TECATE CREDIT CARD EXP - CM CREDIT CARD FEES - PD PERSONNEL ISSUES -ATTY MOP 64096 SAFETY BOOTS - BLDG RETIREE HEALTH BENEFITS JULY'08 REBUILT MASTER CYLINDERS RETIREMENT 2000964-S90 JUL'08 FUNERAL FLOWERS - GEN FUND CHILD SEXUAL ABUSE AUTO TRACK DATABASE- MAY 2008 TUITION:BASIC ACADEMY - PD SHREDDING OF THE (3) 64 GALLON ALARM MONITORING SVCS RETIREE HEALTH BENEFITS JULY'08 SUBSISTENCE SWAT COURSE - PD MOP 45704 INK CTRG - PD MEDICAL GENERATOR RENEW - PD MAIL SVCS 04/16 - 05/15/08 2008 ELECTION TRANSLATION MAY 2008 SERVICES DEPOSIT#1115 940 W 19TH STREET DEPOSIT#1214 CENTRO CONDOS DEPOSIT#1194 GROVE PLAZA DEPOSIT#1115 940 W 19TH STREET DEPOSIT#951 PNVALK TOWNHOMES DEPOSIT#722 K AVENUE HOMES INSTALL/MAINTAIN COMMUNICATION RETIREE HEALTH BENEFITS JULY'08 CONSULTANT SERVICES - BLDG RETIREE HEALTH BENEFITS JULY'08 BIG RED DRAIN OPENER MOP 45707 PAINT SUPPLIES - BLDG RETIREE HEALTH BENEFITS JULY'08 NATIONAL CITY CONCERT BAND OC/FIRST DEFENSE RETIREE HEALTH BENEFITS JULY'08 3 X 5 CARDSTOCK MAILERS EDUCATIONAL REIMB - ENG SALES & USE TAX WORKSHOP - FIN 1/3 CHK NO DATE AMOUNT 221469 7/1/08 160.00 221470 7/1/08 595 38 221471 7/1/08 61.21 221472 7/1/08 573.75 221473 7/1/08 125.00 221474 7/1/08 13,208.36 221475 7/1/08 125.06 221476 7/1/08 125.06 221477 7/1/08 686.82 221478 7/1/08 25.00 221479 7/1/08 150.50 221480 7/1/08 48.48 221481 7/1/08 145.00 221482 7/1/08 424.12 221483 7/1/08 1,087.23 221484 7/1/08 108.75 221485 7/1/08 1,811.00 221486 7/1/08 100.00 221487 7/1/08 665.00 221488 7/1/08 72.95 221489 7/1/08 195.00 221490 7/1/08 280.00 221491 7/1/08 1.872.00 221492 7/1/08 221.91 221493 7/1/08 165.00 221494 7/1/08 4,427.10 221495 7/1/08 305.00 221496 7/1/08 4,016.38 221497 7/1/08 1,605.00 221498 7/1/08 1,450.00 221499 7/1/08 1,178.75 221500 7/1/08 1,055.00 221501 7/1/08 237.50 221502 7/1/08 170.00 221503 7/1/08 575.00 221504 7/1/08 120 00 221505 7/1/08 11,335.66 221506 7/1/08 70.00 221507 7/1/08 126.93 221508 7/1/08 165.97 221509 7/1/08 250.00 221510 7/1/08 2,500.00 221511 7/1/08 495.27 221512 7/1/08 160.00 221513 7/1/08 239.56 221514 7/1/08 1.200.00 221515 7/1/08 390.00 PAYEE GEORGE H WATERS GEORGE H WATERS GTC SYSTEMS, INC. HAMILTON HARRIS & ASSOCIATES HODGES HOLLOWAY HOME DEPOT HONEYWELL INC. IKON OFFICE SOLUTIONS INTERNATL TRAINING RESOURCE INTERNATL TRAINING RESOURCE INTERNATIONAL CODE COUNCIL INC INTERNATIONAL CODE COUNCIL INC INTERVIEWS & INTERROGATIONS ISLAND BLUE KIMBLE KIRKENDALL KOLANDA LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LOPEZ LOVE MACIAS, GINI & O'CONNELL LLP MAINTEX, INC. MATIENZO MCCABE MINUTEMAN PRESS MURRAY MYERS NATIONAL CITY HOST LIONS CLUB NATIONAL CITY HOST LIONS CLUB NGUYEN NICK RAIL MUSIC NOSAL, WILLIAM A. PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES, INC PAUU PBS&J PDSI PIERSON PORAC LEGAL DEFENSE FUND POTTER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RANDALL RAY WARRANT REGISTER # 1 7/ 1 /2008 DESCRIPTION PROMOTIONAL ACTIVITIES - CS RECREATION ACTIVITIES - CS PROFESSIONAL NETWORK RETIREE HEALTH BENEFITS JULY'08 TRAFFIC ENG SPEED SURVEYS MILEAGE TRAV REIMB - PURCHASING RETIREE HEALTH BENEFITS JULY'08 TRASH CANS, 32 GALLON REPAIRS & MAINTENANCE COPIER MAINTENANCE & SUPPLIES TUITION:SWAT COURSE - PD TUITION:BASIC COURSE - PD BOOK ORDER - BLDG GOVERNMTL MEMBER DUES - BLDG TUITION:INTERROG TRAINING - PD POLO SHIRTS - MAYOR & COUNCIL RETIREE HEALTH BENEFITS JULY'08 REIMB:DETECTIVE TRAINING - PD RETIREE HEALTH BENEFITS JULY'08 MOP 45725 CARTRIDGES - FIRE CITY BOOKS - CITY CLERK TRANSLATION NOTICE OF ELECTION EDUCATIONAL REIMB - PD ACCTG TRAINING REGISTRATION - FIN JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS JULY'08 RETIREE HEALTH BENEFITS JULY'08 MOP 47939 CONTROL CARDS - PURCH RETIREE HEALTH BENEFITS JULY'08 RETIREE HEALTH BENEFITS JULY'08 INTERNATIONAL PARADE EVENT MISS NATIONAL CITY SUBSISTENCE:INTER TRAINING - PD NATIONAL CITY CONCERT BAND RETIREMENT SETTLEMENT JUL'08 SMOG CHECKS FOR CITY VEHICLES JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS JULY'08 ON -GOING SEWER BILL/TAX ROLL REGISTRATION FEES SUBSISTENCE:SWAT COURSE - PD LEGAL DEFENSE FUND RETIREE HEALTH BENEFITS JULY'08 MOP 45742 TOWELS - PD SERVICE PERIOD 06-08-4 RETIREE HEALTH BENEFITS JULY'08 RETIREE HEALTH BENEFITS JULY'08 2/3 CHK NO DATE AMOUNT 221516 7/1/08 975.00 221517 7/1/08 126.35 221518 7/1/08 780.00 221519 7/1/08 100.00 221520 7/1/08 532.50 221521 7/1/08 136.86 221522 7/1/08 150.00 221523 7/1/08 468.36 221524 7/1/08 1,023.69 221525 7/1/08 375.19 221526 7/1/08 1,600.00 221527 7/1/08 1,400.00 221528 7/1/08 1,472.87 221529 7/1/08 180.00 221530 7/1/08 184.00 221531 7/1/08 395.98 221532 7/1/08 300.00 221533 7/1/08 77.63 221534 7/1/08 135.Cr- 221535 7/1/08 277. 221536 7/1/08 52.0U 221537 7/1/08 50.00 221538 7/1/08 1,200.00 221539 7/1/08 150.00 221540 7/1/08 3,439.55 221541 7/1/08 100.00 221542 7/1/08 280.00 221543 7/1/08 27.19 221544 7/1/08 150.00 221545 7/1/08 140.00 221546 7/1/08 13,000.00 221547 7/1/08 1,450.00 221548 7/1/08 487.02 221549 7/1/08 107.75 221550 7/1/08 1,028.54 221551 7/1/08 220.00 221552 7/1/08 1,902.48 221553 7/1/08 340.00 221554 7/1/08 5,157.00 221555 7/1/08 1,875.00 221556 7/1/08 1,872.00 221557 7/1/08 108.00 221558 7/1/08 150.00 221559 7/1/08 152 " - 221560 7/1/08 260,291 221561 7/1/08 140 00 221562 7/1/08 190.00 PAYEE RON TURLEY ASSOCIATES, INC RUIZ RUSS' BEE REMOVAL S.D.0 L.E.E.A A. SAN DIEGO DAILY TRANSCRIPT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SAN DIEGO UNION TRIBUNE SDG&E SHORT, CRAIG SMART & FINAL SMART & FINAL SPRINGER SPRINGER SYSCO SAN DIEGO ' S BANK CORPORATE PAYMT SYS :A MAIN ST ANIMAL HOSPITAL ILLA FORD VISTA PAINT WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZEFERINO ZIETLOW, DAVID ZUMAR INDUSTRIES PAYROI.I. Pay period Start Date 13 6/3/2008 WARRANT REGISTER # 1 7/1/2008 DESCRIPTION FLEET MANAGEMENT MAINTENANCE RETIREE HEALTH BENEFITS JULY'08 BEE REMOVAL FROM CITY PROPERTY EXPLORER ACADEMY ENROLLMENT ADVERTISING SPEC NO 07-3 2009 ATTORNEY DIRECTORY COPIES SAN DIEGO DAILY TRANSCRIPT TUITION:H&S CLASSES - PD TUITION-CHELIUS, CARPENTER,CORNEJO MOP 45753 K-9 PET FOOD SUPPLY - PD NATIONAL CITY CONCERT BAND FACILITIES DIVISION RETIREE HEALTH BENEFITS JULY'08 MOP 45756 MISCELLANEOUS - FIRE MOP 45756 MISCELLANEOUS - CC SUBSISTENCE.BASIC COURSE - PD REIMB:SWAT TRAINING - PD FOOD CREDIT CARD EXP - PURCHASING K9 VET CARE 2008 FORD CROWN VICTORIA POLICE INTO MOP 68834 PAINTING SUPPLY - BLDG MOP 63850 PAINTING SUPPLY - BLDG MOP 45763 COMPUTER SUPPLY - MIS SUBSISTENCE•BASIC COURSE - PD RETIREE HEALTH BENEFITS JULY'08 SIGNS. OBJECT MARKER End Date Check Date 6/16/2008 6/25/2008 3/3 CHK NO DATE AMOUNT 221563 7/1/08 1,600 00 221564 7/1/08 310.00 221565 7/1/08 575.00 221566 7/1/08 4,875.00 221567 7/1/08 540.10 221568 7/1/08 107.00 221569 7/1/08 638 35 221570 7/1/08 20.00 221571 7/1/08 975.00 221572 7/1/08 317.40 221573 7/1/08 389 70 221574 7/1/08 28,548.17 221575 7/1/08 300.00 221576 7/1/08 208 73 221577 7/1/08 56.30 221578 7/1/08 1,134.00 221579 7/1/08 142.96 221580 7/1/08 1,914.76 221581 7/1/08 1,165.31 221582 7/1/08 87.93 221583 7/1/08 94,125.47 221584 7/1/08 518.98 221585 7/1/08 46.14 221586 7/1/08 678.10 221587 7/1/08 1,134.00 221588 7/1/08 150.00 221589 7/1/08 93150 A/P Total 501,347.42 985,242.18 501,347.42 GRAND TOTAL $ 1,486,589.60 1f CHcaRp ito Ty; tity- 8 `87 _-- Warrant Register # 1 7/1/2008 001 GENERAL FUND 965,730.90 104 LIBRARY FUND 31,987.44 105 PARKS MAINTENANCE FUND 23,834.16 109 GAS TAXES FUND 5,141.99 111 P.O.S.T. FUND 6,211.61 125 SEWER SERVICE FUND 28,241.67 130 EMT-D REVOLVING FUND 3,820.15 158 SWIMMING POOL REVOLVING FUND 1,504.01 166 NUTRITION 18,414.42 171 LIBRARY SCHOOL DISTRICT CNTRCT 333.63 172 TRASH RATE STABILIZATION FUND 4,072.22 173 NATIONAL SCHOOL DIST CONTRACT 2,349.28 174 SWEETWATER SCHOOL DIST CONTRAC 4,711.60 191 STOP PROJECT 2,090.68 212 PERSONNEL COMPENSATION FUND 12,484.43 230 ABANDONED VEHICLE ABATEMENT GRANT 1,540.68 246 WINGS GRANT 34,075.88 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 13,305.29 282 REIMBURSABLE GRANTS CITYWIDE 154.16 290 POLICE DEPT GRANTS 4,302.12 294 HUD HEALTHY HOMES GRANT 13,208.36 301 GRANT-C.D.B.G. 5,802.15 302 CDC PAYMENTS 87,216.04 307 PROPOSITION A" FUND 7,754.86 320 LIBRARY GRANTS 6,275.84 626 FACILITIES MAINT FUND 47,973.87 627 LIABILITY INS. FUND 3,641.70 628 GENERAL SERVICES FUND 9,528.78 629 INFORMATION SYSTEMS MAINTENANC 7,990.68 631 TELECOMMUNICATIONS REVOLVING 2,705.60 632 GENERAL ACCOUNTING SERVICES 18,222.63 643 MOTOR VEHICLE SVC FUND 12,141.05 644 EQUIPMENT REPLACEMENT RESERVE 94,125.47 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 5,696.25 Total 1,486,589.60 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 5, 2008 12 AGENDA ITEM NO. (-ITEM TITLE Warrant Register # 2 for the period of 07/02/08 through 07/08/08 in the Amount of $588,495.57 PREPARED BY D. Gallegos -Finance EXPLANATION DEPARTMENT Finance EXT. Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 07/02/08 through 07/08/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Esgil Corporation 221632 58,754.62 Plan Check Svcs Health Net 221642 68,188.10 Emp Health Ins Kaiser -Health Plan 221655 134,632.54 Emp Health Ins Boys & Girls Club 221708 60,000,00 1st Qtr Allocation J Environmental Review N/A MIS Approval Financial Statement Not applicable. >STAFF RECOMMENDATION Approved By: Finance Director Account No. Ratification of warrants in the amount of $ 588,495.57 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #2 ATTACHMENTS ( Listed Below) Resolution No. L.. A-200 (Rev. 7/03) Payee AAA FLAG & BANNER MFG. ADDICTION MEDICINE CONSULTANTS AIRGAS-WEST AI.CEM FENCE CO., INC, AI.L FRESH ALL THE KINGS FLAGS AMERICAN ROTARY BROOM CO., INC ANTHONY'S AUTO BODY ASS! SECURITY, INC. ,T&T/MC I .AT&T/MCI CAI'F CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL. SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CGIA PMB 331 CHAPMAN APPLIANCE SERV. INC. CINGULAR WIRELESS CITY ATTORNEYS ASSOCIATION CITY OF CARLSBAD CITY OF CHUI.A VISTA CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT 7ONSTRl1CTION ELECTRONICS INC. WARRANT REGISTER # 2 7/8/2008 Description NYI,ON SINGLE REVERSE NC MEDICAL SERVICES MOP 45714 FIRE EQUIPMENT - FIRE CITY-WIDE FENCING REPAIRS FOOD CALIFORNIA 4X6' DYED NYLON MOP62683 STREET SWEEPER REPAIR REAR BUMI'ER COVER SECURITY UPGRADE FOR 1.IBRARY PHONE XXX-7549 MAY 2008 PHONE XXX-9738 6/13-7/12/08 FIRE/LTD JULY 2008 BREAD PRODUCTS MOP #45754 AUTOMOBILE KEYS MOP t145698 ELECTRICAL MATERIALS PD/LTD JULY 2008 REG CGIA GANG CONFERENCE - PD LABOR, REPLACE PILOT ON STOVE PD WIRELESS DATA 5/21-6/20/08 CAASD ANNUAL MEMBERSHIP - ATTY TECI ENICAL PERSONNEL CHARGES ANIMAL SHELTER COSTS PETTY CASH FOR MAY 2008 ELECTRICITY AND GAS MAINTENANCE SVC FOR ALARM 1 of 7 chk no chk date Amount 221590 7/8/08 174.44 221591 7/8/08 89.50 221592 7/8/08 703.84 221593 7/8/08 940.00 221594 7/8/08 541.65 221595 7/8/08 86.18 221596 7/8/08 426.88 221597 7/8/08 779.20 221598 7/8/08 1,825.00 221599 7/8/08 6,520.17 221600 7/8/08 244.09 221601 7/8/08 640.00 221602 7/8/08 604.50 221603 7/8/08 37.08 221604 7/8/08 78.01 221605 7/8/08 1,794.00 221606 7/8/08 750.00 221607 7/8/08 165.13 221608 7/8/08 490.41 221609 7/8/08 930.00 221610 7/8/08 146.19 221611 7/8/08 8,342.01 221612 7/8/08 873.77 221613 7/8/08 4,534.33 221614 7/8/08 843.55 1 Payee COOPER'S PLUMBING & HEATING CORPORATE EXPRESS COUNTY OF SAN DIEGO CPCA CIJMMINS CAL PACIFIC, LLC DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY DELL MARKETING CORP DELTA DENTAL DEPARTMENT OF CONSERVATION DEPARTMENT OF JUSTICE DEPASCAJ.E DEPT OF ALCOHOLIC BEVERAGE DEXIELINE LUMBER CO. DOUCETTE DREW FORD WARRANT REGISTER # 2 7/8/2008 Description CITY-WIDE PLUMBING SVCS/REPAIRS MOP 45704 OFFICE SUPPLIES - CS FY08-09 LAFCO/SHARE COST REGISTRATION:CONFERENCE - PD lI&NH SERIES ENGINE SHOP MOP #45749 SS TOILET PORTABLE/PD DEPT TIRES VOS7RO 200. INTEI. CORF.2 DUO DENTAL INS JULY 2008 SMIP FEES 2N1) QUARTER GOVERNMENTAL PURPOSES SUBSIS I E N('E:CGIA CONE - PD ABC GRANT ASSISTANCE PROGRAM MOP #45707 SMALL TOOLS 125 PLAN REIMBURSEMENT MOP #49078 PIPE ENVIRONMENTAL HAZARDS SERVICES HUD HALTHY HOMES DEM ESGIL CORPORATION EXPRESS TEL FEDEX FENTON FERNANDEZ G & A AUTO AIR CONDITIONING GLADWEI.L GOVT SERVICES, INC. GRAINGER PLAN CHECK SVCS FOR BLDG/FIRE LONG DISTANCE SVC 5/20-6/20/08 TRANSPORT/VI ION CHARGES - FIN MTGS CONE COURT - ATTY SEM EXAM TRAINING - ENG REMAN COMPRESSOR RECORDS RETENTION MOP #65179 EI.ECTRICAI. MATERIALS 2 of �7 chk no chk date Amount 221615 7/8/08 160.00 221616 7/8/08 2,504.86 221617 7/8/08 13,911.00 221618 7/8/08 175.00 221619 7/8/08 181.49 221620 7/8/08 636.20 221621 7/8/08 724.39 221622 7/8/08 19,136.27 221623 7/8/08 15,304.05 221624 7/8/08 5,107.74 221625 7/8/08 1,516.00 221626 7/8/08 626.66 221627 7/8/08 400.00 221628 7/8/08 1,167.34 221629 7/8/08 1,058.99 221630 7/8/08 85.60 221631 7/8/08 132.00 221632 7/8/08 58,754.62 221633 7/8/08 216.21 221634 7/8/08 77.76 221635 7/8/08 111.10 221636 7/8/08 850.00 221637 7/8/08 853.42 221638 7/8/08 5,920.00 221639 7/8/08 2,941.3? 2 Payee WARRANT REGISTER # 2 Description 7/8/2008 GROSSMAN PSYCHOLOGICAL, ASSOC. PRE-EMP PSYCHOLOGICAL. EXAMS HAMII,TON MEATS & PROVISIONS HEALTH NET HEALTH NET HEALTH NET HEALTH NET }IOME DEPOT HONEYWELL INC. HUNTER'S NURSERY INC. 'YDRO-SCAPE PRODUCTS INC. .2MA MEMBERSHIP RENEWALS INTEGRATED BIOMETRIC IPMA HR JJJ ENTERPRISE JOHN DEERE LANDSCAPES KAISER FOUNDATION IlEALTII PLANS KAISER FOUNDATION IIEAI.TH PLANS KOAZ INC LASER SAVER INC LIEBERT CASSIDY WHITMORE LIEBER I CASSIDY WHI (MORE MAINTEX, INC. MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE 'APA AUTO PARTS FOOD I IEALTII INS H0067A JULY 2008 HEALTH INS JUI.Y 2008 57135J IlEALI'H-FULL NETWORK 57135A/CITY SHARE HEALTH-RET INS/110067F JUL'08 CA POPPY SEED VALUE PACK REPAIRS & MAINTENANCE MOP #45719 PLANTS, SHRUBS MOP #45720 WEED ROUNDUP PRO2 ICMA MEMBERSHIP - CM GOVERNMENTAL PURPOSES MEMBERSHIP & SUBSCRIP"IIONS ALARM MONITORING SERVICES MOP 1469277 25-5-5 SUPER TURF KAISER INS ACTIVE JUI,Y 2008 KAISER RET INS JULY 2008 GOVERNMENTAL PURPOSES - CC MOP 45725 MAGENTA TONER - FIN LEGAL. SERVICES AB220 SEMINAR - FIRE FOR BECK, HOLLIS RIB MAT 4X6 CHARCOAL. MILK PRODUCTS LINEN SUPPLIES MOP 45735 FIRE EQUIPMENT - FIRE chk no 221640 221641 221642 221643 221644 221645 221646 221647 221648 221649 221650 221651 221652 221653 221654 221655 221656 221657 221658 221659 221660 221661 221662 221663 221664 3 of 7 chk date 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 7/8/08 Amount 250.00 2,365.39 68,188.10 1,028.91 10,431.41 2,830.85 957.87 1,042.20 718.00 973.54 2,338.08 86.00 345.00 205.00 2,462.82 134,632.54 4,325.40 38.79 808.50 1,300.00 600.00 477.45 983.10 108.82 139.08 3 Payee NATIONAL. CITY DETAIL SHOP NATIONAL CITY ROTARY CLUB NATIONAL CITY TROPI IY NEXUS INTEGRATED SOLUTIONS OCANA OLIVER PRODUCTS COMPANY ONE SOURCE DISTRIBUTORS ORCUTT ORIENTAL TRADING, CO., INC. ORKIN PEST CONTROL OSI BATTERIES INC. OUCHI'S POWER EQUIPMENT PADRE JANITORIAL SUPPLIES, INC PARTS PLUS AUTOSTORE #711 PERRY FORD PERVO TRAFFIC CENTER PORTILLO CONCRETE, INC. PRO -EDGE KNIFE PRUDENTIAL OVERALL. SUPPLY QUALA-TEL ENTERPRISES R.J. SAFETY SUPPLY RED SEA ENTERPRISES REED'S RESTAURANT EQUIP. SVC. WARRANT REGISTER # 2 7/8/2008 Description MOP #45737 COMPLETE AUTO DETAIL MEMBERSHIP AND EXP - PI) MOP #66556 DESK HOLDER PHONE MAINTENANCE PROMOTIONAL ACTIVITIES EXP - FIN TRAY CTNS MOP #67256 120 V PLUG-IN CB REGIST REIMB:SEMINAR - ATTY CRAYONS, GLUE STICKS PEST MAINTENANCE FOR CITY BLDGS PORTABLE RADIOS - FIRE MOP #45740 UPPER BLADE, FLANGE NUTS JANITORIAL. SUPPLIES MOP #64946 BELTS LABOR, DIAGNOSTIC TEST MOP #63846 SIGNAL SUPPLIES 3/30-04/11/08 SRVCS-MISC CONCRETE IMPRV SHARPENING SERVICE MOP #45742 UNIFORMS - PARKS WINDSCREEN FOR FLEX BOOM SAFETY CAN, JUSTRITE RED MISC PD SUPPLIES EQUIPMENT REPAIR REGIONAL COMMUNICATIONS SYSTEM RADIO COMMUNICATION - JUNE 08 RELIANCE STANDARD VG180848 VTL JULY 2008 4 of '7 chk no chk date 221665 7/8/08 221666 7/8/08 221667 7/8/08 221668 7/8/08 221669 7/8/08 221670 7/8/08 221671 7/8/08 221672 7/8/08 221673 7/8/08 221674 7/8/08 221675 7/8/08 221676 7/8/08 221677 7/8/08 221678 7/8/08 221679 7/8/08 221680 7/8/08 221681 7/8/08 221682 7/8/08 221683 7/8/08 221684 7/8/08 221685 7/8/08 221686 7/8/08 221687 7/8/08 221688 7/8/08 221689 7/8/08 Amount 195.00 220.00 53.29 1,3 59.07 75.03 1,344.00 40.15 95.00 391.71 120.0C 322.17 176.80 802.52 36.18 1,564.28 532.87 6,460.00 44.00 717.95 165.42 74.67 1,146.72 360.12 9,063.00 2,353.6- 4 5 of 7 WARRANT REGISTER # 2 7/8/2008 Payee Description chk _no chk date Amount RON BAKER CHEVROLET MOP #45751 # 15130958 CONTROL 221690 7/8/08 204.09 SAN DIEGO TROLLEY INC FLAGGING SERVICES 221691 7/8/08 104.94 SAN DIEGO TROLLEY INC FLAGGING SERVICES 221692 7/8/08 25.90 SECRETARY OF STATE RECORDING FEE - CITY CLERK 221693 7/8/08 10.00 SEGAL SUBSIST ENCE:CGIA CONE - PD 221694 7/8/08 626.66 SHARP REES-STEALY MED GROUP ANNUAL'111 TESTING 221695 7/8/08 800.00 SIGN SHOP PARAMEDIC SIGNS 221696 7/8/08 87.28 SIGN-A-RAMA RETURN OF BANNER ADMIN FEE 221697 7/8/08 1,975.00 SMART & FINAL MOP 45756 ORAL BOARD - HR 221698 7/8/08 44.03 O. CALIFORNIA RADAR/LASER TEST/CERTIFICATION FOR: KUSTOM 221699 7/8/08 500.00 JLITIIERN CALIF TRUCK STOP MOP #45758 FUEL 221700 7/8/08 632.74 STATE OF CALIFORNIA SAFE SURRENDER SIGNS - FIRE 221701 7/8/08 24.00 STEVENSON GOVERNMENTAL PURPOSES - HR 221702 7/8/08 550.00 STEVENSON TRAVEL. EXP CA CITIES SEMINAR - HR 221703 7/8/08 219.00 STRATACOM INV 1098482 STATIONARY -SHELLS 221704 7/8/08 5,094.62 SUN TRUST NEW FIRE'IRUCK# I PAYM 1 #53 221705 7/8/08 5,009.63 SYSCO SAN DIEGO CONSUMABLES/FOOD 221706 7/8/08 10,118.91 T'S & SIGNS NAVY BLUE SHIRT PRINT FRONT 221707 7/8/08 978.75 THE BOYS & GIRLS CLUB BOYS & GIRLS CLUB 1ST QUARTER 221708 7/8/08 60,000.00 TRB PUBLICATION HIGIIWAY CAPACITY MANUAL 2000 221709 7/8/08 168.56 U S BANK CORPORATE PAYMT SYS CREDIT CARD FEES - PD 221710 7/8/08 102.36 UNION TRIBUNE PUBLISHING CO AD FOR LEGAL. NOTICES -CITY CLERK 221711 7/8/08 627.20 US STERLING CAPITAL. CORP TRADE SETTLING CHARGES 221712 7/8/08 594.00 VALLEY INDUSTRIAL SPEC1ALTIF,S MOP #46453 PLUMBING MATERIALS 221713 7/8/08 97.60 'ALLEY POWER SYSTEMS, INC LABOR FIELD SVC, DIAGNOSTIC TEST 221714 7/8/08 432.00 5 Payee VERIZON WIRELESS VISTA PAINT WATERLINE TECHNOLOGIES WESTFLEX INDUSTRIA]. WILLY'S ELECTRONIC SUPPLY YBARRA YOUNG Z.A.P. MANUFACTURING, INC ZEFERINO ZUMAR INDUSTRIES AMERICAN HYDRO -VAC EQUIPMENT ARCO GASPRO PLUS CARQUEST AUTO PARTS CHEVRON & TEXACO BUSINESS CARD CULLIGAN WATER DREW FORD FLEET SERVICES, INC MASON'S SAW & LAWNMOWER SRVC MORE DIRECT NAPA AUTO PARTS OUCHI'S POWER EQUIPMENT PARTS PLUS AUTOSTORE 4711 PERRY FORD POWERSTRIDE BATTERY CO INC RON BAKER CHEVROLET WARRANT REGISTER # 2 7/8/2008 Description CELL PHONES 5/22-6/21/08 MOP 468834 TRAFFIC PAINT CHEMICALS FOR MUNICIPAL POOL MOP 463850 CORRIIGTED MATTING MOP 445763 CABLE, PATCH CORD ABC GRANT ASSIST PROGRAM - PD ABC GRANT ASSIST PROGRAM - PD WHITE EG P/S ARROW CGIA GANG CONFERENCE - PD SIGNS, BLNKS, DOUBLE FACE POLE SE.T/FIBERGLASS FUEL FOR CITY FLEET MOP 47557 AIR FILTER - PW MOP 45699 GAS & LUBRICANTS - PW WATER MOP 49078 AUTOMOTIVE PARTS - PW MOP 67804 AUTOMOTIVE PARTS - PW MOP 45729 R&M AUTO EQUIP - PW SIERRA WIRELESS ANTENNA MOP 45735 BK WINDOW - PW MOP 45740 MISCLL PARTS - PW MOP 64946 DISC BRAKE - PW MOP 45703 I.ABOR/PARTS - PW MOP 67839 BATTERY - PW MOP 45751 PAD/PLATE - PW 6 of 7 chk no chk date Amount 221715 7/8/08 3,848.28 221716 7/8/08 220.08 221717 7/8/08 1,043.16 221718 7/8/08 1,327.90 221719 7/8/08 87.11 221720 7/8/08 175.00 221721 7/8/08 175.00 221722 7/8/08 249.57 221723 7/8/08 626.66 221724 7/8/08 1,071.9: 221725 7/8/08 1,602.15 221726 7/8/08 42,762.81 221727 7/8/08 165.99 221728 7/8/08 2,542.04 221729 7/8/08 174.50 221730 7/8/08 402.17 221731 7/8/08 523.12 221732 7/8/08 334.36 221733 7/8/08 2,932.99 221734 7/8/08 1,051.60 221735 7/8/08 237.62 221736 7/8/08 160.73 221737 7/8/08 5,626.31 221738 7/8/08 272.03 221739 7/8/08 328.6( 6 7 of 7 WARRANT REGISTER # 2 7/8/2008 Payee Description chk no chk date Amount SANCHEZ MILEAGE. REIMBURSEMENT 221740 7/8/08 78.78 SPARKLETTS WATER 221741 7/8/08 11.60 THE LIGI ITHOUSE. INC. MOP 45726 FUSE - Bl1SFMX - PW 221742 7/8/08 36.55 WESTFI.EX INDUSTRIAL MOP 63850 ASSEMBLY - PW 221743 7/8/08 449.65 ZEE MEDICAL, INC. FIRST AID KITS 221744 7/8/08 487.58 Total S 588,495.57 Grand Total 588.495.57 7 CA N Ala 1 , , : CiTyt 1" �3 �3 -7 Y �- •NCORPORATED Warrant Register # 2 7/8/2008 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 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 725 PLANNING 419, 383.99 6,334.16 1,151.63 274.33 2,155.83 115.14 22,686.72 339.90 132.00 5,009.63 1,826.59 18.40 10,100.29 111.10 4,803.73 9,906.55 19,136.27 12,678.23 811.29 61,122.20 8,422.59 1,975.00 Total 588.495.57 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 13 ITEM TITLE ITEM Public Hearing to consider the report required by California Health and Safety Code Section 5473, Et Seq. pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund". Sewer service fees will not increase for FY-09. PREPARED BY DEPARTMENT EXPLANATION Joe Smith, Directo (Ext. 4587) See Attached Explanation Public Works Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the public hearing BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Report is on file in the office of the City Clerk A-200 (9/99) Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by Califomia Health and Safety Code Section 5473 et seq. Califomia Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, this report should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. Califomia Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shalt file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective Tots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY2008-2009, adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. The City of National City sewer service fees are monthly flat rates, based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the three-year rate plan adopted by the City in 2003. National City Sewer Service Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) FY 2004 Monthly FY 2005 FY 2006 Monthly Monthly Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solids/BOD Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High Suspended Solids/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM 22.08 19.00 13.50 $ 28.08 $ $ 23.00 $ $ 17.50 $ 32.08 25.00 19.50 $ 2.85 $ 2.89 $ 3.03 $ 3.09 $ 3.13 $ 3.28 $ 3.84 $ 3.90 $ 4.09 $ 4.60 $ 4.68 $ 4.90 $ 5.75 $ 5.86 $ 6.12 It should be noted the City of National City sewer service fee have not increased since FY06 and is 10% below the Regional average fee charge for this service. The table below is an illustration of the fees charged by the major METRO Agency members. Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet). Agency Date 2007 Implemented Date 2008 Implemented 2009 Date Implemented Date 2010 Implemented County of San Diego y;} ;y Lakeside G,C $27.42 07/01/06 $29.50 07/01/07 $31.67 •aF 07/01/08 .•w+..a� •.. •'1�L. n.;. i+ 1ry� V3wZ.-;. Ka.���{���. �Y i ' . u.�� V�i' ::�[/fv i!!7 - . . .4-.. � �.w. ` � t� � � ' 't �a `t 1 ~ k. wnte ardens $18.00 07/01/06 $18.00 No cha • $18.00 No cha e : 'WSJ'"-a%.'thzf'PJ !'- ?4i �` �R lei 0 `.. r . r i iraf ,,. i _; > .x 0 .4tik 1- Coronado $31.64 07/01/06 $31.64 No cha • $31.64 No change El Cajon $25.90 07/01/99 $25 90 No cha $25.90 No cha j. �tii�:2. _ _ : •'r�i/ ^k l'a` �'`i Sys s i :, r '� � f.*ieriM"y. '1 CeaQl J �:'�.�!:�`��� (�7�3%�1 '�4`+il>•�.'�.t� T' . .:�M���'' . � �+f.���'1��'Me*�'^ � La Mesa $38.80 07/01/06 839.65 09✓01/07 $40.97 07/01/08 National City cc 4i0i:,v � 1T i.RPti , 832 08 07/01/04 ,�Oh t- R3:jy 'C., rSV ^ •7� .I . .t,dY ttl,'. 3�ct 832 08 No cha� I% ,r :+ �fy�{y�r .. R+1 "^�.L�p � $32.08 11 Y No cha LN �.' .. - .. ` +1 T L7_ Padre Dam MIND y 11 , 819 36 01/01/07 J * $21 48 01/01/08 $21.48 01/01/08 San Diego $41.21 07/01/07 $41.21 11/07/08 $47.62 05/01/08 Average Maximum Minimum $35.58 $72.40 $18.00 The cost of wastewater collection, transportation and treatment has increased dramatically over the years. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system. Currently, the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on a comprehensive cost allocation study, which may substantially increase the rates paid by its member Agencies. The City of National City, as a member Agency and interested party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 14 ITEM TITLE Public Hearing - to determine whether the Public Health, Safety or Welfare require the formation of underground utility District No. 25 located in the Marina Gateway area which includes Bay Marina Drive, Harrison Avenue, 23rd Street and Cleveland Avenue . -- • PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On July 1, 2008, the City Council set August 5, 2008 as the date for receiving public comments on whether the Public Health, Safety or Welfare require the removal of poles, and overhead wires and the underground installation of wires and facilities for supplying electrical (Distribution System) and communication services for underground District No. 25 that includes Bay Manna Drive from Cleveland Avenue west to Harrison Avenue; Harrison Avenue from Bay Marina Drive north to 23rd Street; 23rd Street east to McKinley Avenue; and Cleveland Avenue from 23rid Street south to Bay Manna Drive. The map (exhibit "A") and impacted properties address list (Exhibit "B") are attached. A resolution of the City of National City Council to establish the District No. 25 is included in Tonight's City Council agenda. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director N/A Account No. STAFF RECOMMEN ATION Hold Public Hearing BOARD / COMMISSION RECOMMENDA ION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Exhibit "A" — Boundary Map (District 25) 2. Exhibit "B" — List of names and addresses of the property owners within proposed District 25 l A-200 (Rev. 7/03) AVM VNIdV I ()A 1 L:6/ 18/08 DISTRICT 25 BOUNDARY scAL F: 1 "= 200' EXHIBIT 'A" DISTRICT 25 BOUNDARY MAP H.,a_, T•i.y.n,o,.a, Soy" on• con•« a. on. o,ufPy.OP. ..v...,o..n.awvnon0a.nt.•,[004,.r•tsoot••svof.c....«,......a..wao�o..ao,c,uo u.n : MetroScan / San Diego (CA) ;.:1:-.11.d 1. Barbara .1 Camily Part :51)9 115 25 00 r,1.21:inloy Ave National rIty 91950 Xfeiod 17/2055 :1(,1t, Wii_:ering Woods Cr San Dteqo Ca 9213U : Phc:no `:r:d,WaIeholise,Prot:essintorage 11;At1-1: TotRm: YU: Pool: ortr:: : MetroScan / San Diego (CA) : ••- r (ald I Batbal.a ty : ri0 Ciovelaho Ave National 1V 91950 Wis-rin:t Woods Ct f;an DieT.) Ca 9213U U.se :713 Ind,Warehoui,e,Processinl,f.:tord Bedrm: Barn: TotRm: YB: Pool: : MetroScan / San Diego (CA) • - Owma :Hyres 1, Barbara J Pa: 00 Siti! :1237 Cl,2,.:1:1nd Ave National City Mati Wood:.; Ct f.;an Ifric!go 1i 921:30 Pri,To phone tJe Relionoe Bedrm:/ TotRm: YB: 1910 Pool : Hirt IL; 1,•• : RC: : MetroScan / San Diego (CA) Ownol :Younq RobE:rt Deborah M Tr:.t :559 116 27 Site :2210 Cleveland Avc: National City 9197,0 Xtered :01-)/1/1001 Mall W 23rd St National City Ca 91950 Price Uso :721 Com,1 To 1 Story,Misi: Srore BldrIs Phone Bedrm: Bath: TotRm: YB:2001 Pool: : MetroScan / San Diego (CA) Own,r :City (if National City Community Sire :2',00 Ave National :Tit,: 2191;0 Xter :U) Mail Atieno,, CB:te :ttinknown 1.P.e Code' L Pot tedritl: Bath: IB:1903 Pool: Ao: : MetroScan / San Diego (CA) 0wner :Cir 117irio1!ai City 1.0I0iIIII 1 , Parcl w; Site :11 i0 /hird _•,t National Cit/ 919',0 Xtet.-1 Ma:1 Use nknown Cod' PhorB- 9e0rm:7') B,11-11: 12. Tot Rrn: IB:1946 Pool: Ac: : MetroScan / San Diego (CA) : --- Owner :kiity (1)1 Nwric11..12 CIti Communit,. P1,rr2e1 :720 VI 2 ::t. 1.1.0 )1551; : Ma 1 1 : : i>1.1bV 9)1 Pool: : MetroScan / San Diego (CA) • Owrir :7) Hationdl City Community Paicel )15j 0t, 17tte Clveland 11a7ion;i1 City 919:,0 1,2‘H.211 Ma.:1 :Public Hency Prioe Us Phone :_! unknown Use Code" Bedrm: TotRm: Pool: : MetroScan / San Diego (CA) 0-her :City 01 Nattonil 21tv Community Parcel 09 0( Sit..e :2501 C.I.,:veland LYe National City 91950 XteruJ :1! '1:2001 Mail Agetwy Pc)ol: : Pri.:•no •tinknown Us,.! Yod' Bedrm: BAih: Y.9 : : MetroScan / San Diego (CA) : - - Owner :Crti/ Of Nit:I.,n,11 City Lommunity Parcel1, 117o z) Site :7501 (.:lev,Hand Ave Yit 01955 t. e : ;; Mail :Public Acit.L-.: Us unknown Use m Pool: tae.: : Trr,t : : EXHIBIT "R" lryornlottorr compiled from turiom sources Real E.stnte Solutions makes no repTeser0000ns or worh:flues 0510 the accuracy or completeness of inforntation contained srt this report : MetroScan / San Diego (CA) Li:.itert; Rollway F.ArE.71 :(J!-,() 117 17 00 !•411.i,:atal (21±y X1e/f2d HW/IU:19-s Pri(:(2 urikriown 1_1:11 California Department of Transportation 4050 Taylor Street San Diego, CA 92110 • lu.lornuttion compiled from variou.s sources flea! 1.stote .Soluttons tnake.s no repreq.nratutto uurrannes ,ts to the accuracy or cumpieterrisSui tnfortnatton contained in th is report City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 15 ITEM TITLE Resolution adopting the report required by California Health and Safety Code Section 5473, Et Seq. pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund". Sewer service fees will not increase for FY-09. PREPARED BY DEPARTMENT EXPLANATION Joe Smith, Director (Ext. 4587) See Attached Explanation Public Works Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed resolution 2. Report is on file in the office of City Clerk A-200 (9/99) f Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by Califomia Health and Safety Code Section 5473 et seq. Califomia Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, this report should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY2008-2009, adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on fife in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. The City of National City sewer service fees are monthly flat rates, based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the three-year rate plan adopted by the City in 2003. National City Sewer Service Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) FY 2004 Monthly FY 2005 FY 2006 Monthly Monthly Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended SolidsBOD Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High Suspended Solids/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM $ $ $ 22.08 19.00 13.50 $ 28.08 $ $ 23.00 $ $ 17.50 $ 2.85 $ 3.09 $ 3.84 $ 4.60 $ 5.75 $ 32.08 25.00 19.50 2.89 $ 3.03 3.13 $ 3.28 3.90 $ 4.09 4.68 $ 4.90 5.86 $ 6.12 It should be noted the City of National City sewer service fee have not increased since FY06 and is 10% below the Regional average fee charge for this service. The table below is an illustration of the fees charged by the major METRO Agency members. Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet). Agency Date 2007 Implemented Date 2008 Implemented Date 2009 Implemented 2010 Date Implemented County of San Diego Lakeside a a., .4 $27.42 07/01/06 � VYa.r:. . ;,-- $29.50 07/01/07 �V�� .�: �� $31.67 �0077//0�1/08 Y ->,. `'t' ww��e�i� +.y c:�y�L ^ ' 3R�GT'�. ..°YiA'"��ta 3�:°.:VIN7SNC of . NYf ��r xQ 7L � ka•" r Y.R Y 7�•Y 1 e. , �� .'S.:i .. Winte ardens $18.00 07/01/06 Y $1�,8.000 No than.: $18.00 No cha• :MAN P.� �J. +Ai_ st e'� ';, ' J i ' . •� •, a Coronado $31.64 07/01/06 $31.64 No jcha $31 64 No cha El Cajon $25.90 07/01/99 $25.90 No cha $25 90 No cha a ' �� ' '` _ t:1 t 'xa = Z ' ik1 * ' : , •- . . '.. 07fl )9 L'a Mesa $388t.880 07/01/06 $39.65 09///01/07 $40.97 07/01/08 z ,a A1917. . National City $32 08 07/01/04 $32.08 No change $32.08 No c ha '��''��,,(,(�(ff 5��,.•4/J�/Jt� i 33; {y\ ''jJ _ j..�•F` p�����'"{t i t r: r v' P..-.: f. . Padre Dam MWD $19.36 01/01/07 $21.48 01/01/08 $21.48 01/01/08 San Diego $41.21 07/01/07 $41.21 11/07/08 $47.62 05/01/08 Average Maximum Minimum $35.58 $72.40 $18.00 The cost of wastewater collection, transportation and treatment has increased dramatically over the years. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system. Currently, the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on a comprehensive cost allocation study, which may substantially increase the rates paid by its member Agencies. The City of National City, as a member Agency and interested party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE CHARGE FUND" WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected regional wastewater treatment cost increases, and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective Tots or parcels of land as they appear on the current assessment roll. NOW, THEREFORE, BE )T RESOLVED that for FY 2008-2009, the City Council of the City of National City hereby adopts the Report required by California Health and Safety Code Section 5473, et seq., directs that said report be kept on file in the office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Finance Director is hereby directed to certify with the San Diego County Auditor the establishment of Fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT NEETING DATE August 5, 2008 AGENDA ITEM NO. 16 ITEM TITLE A resolution of the City of National City Council establishing underground utilities District No. 25 in the Marina Gateway area which includes Bay Manna Drive, Harrison Avenue, 23rd Street and Cleveland Avenue, for the purpose of converting the overhead facilities. PREPARED BY DEPARTMENT EXT. 4583 Barby Tipton Engineering EXPLANATION On June 9, 2008, the representatives of the City and the utility companies completed a field walk-through and established the conversion boundaries of the proposed District No. 25. The district includes Bay Marina Drive from Cleveland Avenue west to Hanison Avenue; Harrison Avenue from Bay Marina Drive north to 23nd Street; 23cd Street east to McKinley Avenue; and Cleveland Avenue from 23`d Street south to Bay Marina Drive. The map (exhibit "A') and impacted properties address list (Exhibit "B') are attached. On July 1, 2008, in compliance with Ordinance No. 1414 of the City of National City, Staff requested Council to set a date (August 5, 2008) to hold a public hearing to ascertain whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures within the designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, community antennatelevision or similar or associated service. The purpose of this Resolution is to establish the Underground Utility District No. 25 after hearing public comments. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATIO 1. Adopt resolution 2. Request City Clerk to certify and to record the Resoluti in the office of the Country Recorder 3. Request Cdv Clerk to notify. within 15 days after the effective date of the Resolution, aU affected Utility Companies and persons of the BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Exhibit 'A' — Boundary Map (District 25) 3. Exhibit 'B' — List of names and addresses of the property owners within proposed District 25 A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING' UNDERGROUND UTILITY DISTRICT NO. 25 IN THE MARINA GATEWAY AREA, WHICH INCLUDES BAY MARINA DRIVE, HARRISON AVENUE, 23RD STREET, AND CLEVELAND AVENUE FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES WHEREAS, a public hearing was called for Tuesday, August 5, 2008, at the hour of 6:00 p.m. in the Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as: the Marina Gateway Area, which includes Bay Marine Drive, Harrison Avenue, 23rd Street and Cleveland Avenue; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 25 of the City of National City. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 25, as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by personal service or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility Resolution No. 2008 — August 5, 2008 Page 2 or utilities on file with the Public Utilities Commission of the State of California as of .the date of adoption of this resolution. Attached hereto, marked Exhibit "B" and hereby incorporated as part of this Resolution, is a list of all persons owning real property within Underground Utility District No. 25, as shown on the last equalized assessment roll. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney z AVM VNIS VW DISTRICT 25 BOUNDARY 1.-.• Al. t :1" - 2'00' )A 18/08 EXHIBIT "A" DISTRICT 25 BOUNDARY MAP C..".••• Gr 141,41,1,0.40p j‘,5•41,1.y . 4." ••••• ,n.. A • , : Met.i ("Scan / San Dier-To ((A) - - - - Ow)::::: :t1,..4'.-::.; Get a 1<1 L i, f_-'....itl,•;ai,: .1 Famt 1 1 P:irt.-;_:1 . 55') ) 1 '..) 25 On s.111:_.: : -;';`-“.; t1,....kin1;-;., it.v,-, 1•Itt• ioit.ti t'it..... 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Yii: /31.11';F California Department of Transportation 4050 Taylor Street San Diego, CA 921t0 h:fnr•.ct:rwr cun:prler! /rum v;:rrous u>arC.s 11:.:1I 1.sr.a:r /0!ut;uns m;il,<s no representations r,, uurrunh,•c :u to the ;t: rurn(') or rumpl.•trne;, ui Inforntarr,>n contained in this report City of National City, California COUNCIL AGENDA STATEMENT 17 MEETING DATE August 5, 2008 AGENDA ITEM NO. (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE\ PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2008-2009 FROM 1.43 PER $100 OF ASSESSED VALUATION TO 1.3 CENTS PREPARED BY DEPARTMENT . Tess E. Limfueco Finance Dept. Financial Services Officer Jeanette Ladrido EXPLANATION (619)336-4331 At the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Library. In April 2003, the City issued the General Obligation Bonds in the aggregate principal amount of $6 Million. The bonds mature on August 1 in each of the years 2004 through 2028. The amount of principal and interest that become due every year will be paid from the proceeds of property taxes received from the County of San Diego. Each year the City must establish the property tax rate that will be necessary to raise the revenue required to service its annual bonded indebtedness. For the Fiscal Year 2008-2009, the calculated property tax rate is 1.30 cents per $100 of assessed value. This is a 9% reduction from Fiscal Year 2007-2008 rate of 1.43 cents. Environmental Review ✓ N/A Financial Statement N/A Approved by: Jeanette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION N/A BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. General Obligation Bond Tax Rate Computation for FY2008-2009 A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2008/09 FROM 1.43 CENTS PER $100 OF ASSESSED VALUATION TO 1.30 CENTS WHEREAS, the total net taxable secured assessed valuation of the City is now at $2,927,574,721 full value; and WHEREAS, the amount of revenue to be raised from the tax base for Fiscal Year 2008/09 is $398,650, according to the voter approved bonded indebtedness, thereby establishing the rate of property tax required. NOW, THEREFORE, BE IT RESOLVED that the property tax rate for the City of National City for the fiscal year ending June 30, 2009, be and hereby is established at 0.0130% per $100 assessed value. 2002 GENERAL OBLIGATION BONDS: $0.0130% PER $100 ASSESSED VALUE PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney General Obligation Bond Debt Service (Fund 259) Tax Rate Computation FY2008-2009 National City Secured Valuation Unsecured Valuation 1 Net Secured Valuation 3 Less 'Delinquency Allowar 4 Net after Delinqency 5 Plus HOPTR 6 Prelim Adj Secured Valuation 7 Less Redevelopment Impact 8 Adj Sec Valuation Less Redevelopment Impact 9 Anticipated Roll Corrections 10 Adj Sec Val for Rate Computation 16 Maximum Rate Computed Rate 17 Plus .0001 Assessed Rate Valuation 0.0130 2,927,574,721 0.0143 170,461,026 2,927,574,721 0.00% - 2, 927, 574, 721 31,479,642 2,959,054,363 2,959,054,363 0.0200 58,551,494 2,900,502,869 0.0261 0.0001 0.01294 0.01304 Fund No. 6065-50 FY08/09 Est. Revenue 381,756 24,376 406,132 11 Amount to be raised 12 Unsecured HOPTR 14 Unsecured Delinquency 15 Less Unsecured Redevelopment Impact 16 Amount to be raised by Secured Taxes 18a Tax rate times #4 18b Tax rate times HOPTR 19 Secured Proof 20 Raised by 1/100th mil 21,23 Taxes Raised I CERTIFY THAT THE BOV COMPUTED RATE + 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND 7N /6 J -111 ette Ladrido Date Finance Director 398,650 0 23,401 0 375,249 378,828 4,073 382,902 2,901 409,203 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 18 AGENDA ITEM NO. ITEM TITLE Investment Report for quarter ended June 30, 2008 r PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the City's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended June 30, 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended June 30, 2008 A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the City Council within 30 days following the end of the quarter that consists of the following information: ➢ Type of investment or description, ➢ Issuers (bank or institution), ➢ Dollar amount, ➢ Interest rate, ➢ Current market valuation as of the date of the report, ➢ And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City of National City investments most of its funds in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. For the quarter ended June 30, 2008, LAIF's return was 2.894%. Federal Agency Securities account for 14% of the investment portfolio. The average rate of return is 4.505%. The City has 50 investments in Certificates of Deposit. These investments are in increments of 99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 4.955%. On 9/13/2007, City Council approved a $2 million investment in the CDARS program. This investment yields 5.13% and accounts for 3.53% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 2.42% The average monthly expenditure of the City is 5.5 million. To ensure compliance with Government Code Section 53646, the City must have 32.9 million available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2008 Investment Type INVESTMENTS HELD BY THE CITY Book Value YTM % of Market Value 365 Equiv. Portfolio LAIF Medium Term Notes Federal Agency Securities Certificates of Deposit CalTrust Negotiable CD/CDARS Totals for June 2008 Totals for March 2008 Portfolio increase from prior quarter 39,092,094.41 500,000.00 7,976,583.03 4,749,981.21 2,269,782.96 2,000,000.00 39,090,148.37 482,125.00 7,949,656.73 4,747,908.93 2,269,782.96 2,000,000.00 4.960% 69.08% 4.000% 0.88% 4.505% 14 10% 4.955% 8.39% 2.420% 4.01 5.130% 3.53% 56, 588,441.61 56,539,621.99 4.929% 100.00% 48,238,228.27 8,350,213.34 Negotiable CD/CDARS 3.53% CalTrust 4.01% Certificates of Deposit 8.39% Federal Agency Securities 14.10% Medium Term Notes 0.88% Investments Liquidity LAIF 69.08% Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years City of National City Finance Department 41, 361,877.37 396,000.00 3,683,000.00 11,147,564.24 56,588,441.61 73.09% 0.70% 6.51 % 19.70% 100.00% Investments City of National City Portfolio Management Portfolio Summary June 30, 2008 Par Market Value Value Book % of Value Portfolio City of National City Days to YTM/C YTM/C Term Maturity 360 Equiv. 366 Equiv. Certgcates of Deposit - Monthly 4.749.981.21 4,747,908.93 4,749,981.21 8.39 602 363 4.887 4.955 LAIF 39.092.094.41 39.090.148.37 39.092.094.41 69.08 1 1 4.892 4.960 Medium Tenn Notes 500,000.00 482,125.00 500.000.00 0.88 1.462 1.324 3.945 4.000 Federal Agency Securities 7.975.000.00 7,949,656.73 7,976,583.03 14.10 1.812 1,674 4.443 4.505 CalTrust 2,269,782.96 2,269,782.96 2,269,782.96 4.01 1 1 2.387 2.420 CDARS 2,000,000.00 2,000,000.00 2.000.000.00 3.53 364 72 5.060 5 130 Investments 56,586,858.58 56,539,621.99 Total Earnings June 30 Month Ending 56,588,441.61 100.006/. 332 281 4.725 4.791 Fiscal Year To Date Fiscal Year Ending Current Year Average Daily Balance Effective Rate of Return 222,917.57 56,353,467.90 4.81% Jean to Ladrido, Finance Director Reporting period 06/01/2008-06/30/2008 Run Date 0724/2008 - 05 23 2,453,450.78 49,146,925.59 4.98% 2,453,450.78 Portfolio CNC CC PM (PRF PM1) SymRept 6.41 202b Report Ver. 5.00 CUSIP Investment it Issuer City of National City Portfolio Management Portfolio Details - Investments June 30, 2008 Page 2 Average Purchase Stated MAX Days to Maturity Balance Date Par Value Market Value Book Value Rate S&P 366 Maturity Date Certificates of Deposit - Monthly SYS11228 11228 Amencan Home Bank 10/24/2007 99,000.00 99,000.00 99,000.00 5.140 208 5.140 114 10/23/2008 SYS11245 11245 BankFirst 11/14/2007 99,000.00 99,000.00 99,000.00 5.110 5.110 136 11/14/2008 SYS11229 11229 Bank of Washington 10/23/2007 98,981.21 98,981.21 98,981.21 5.100 289 5.100 479 10/23/2009 SYS11287 11287 Bank of North Carolina 06/10/2008 99.000.00 99,000.00 99,000.00 4.050 189 4.050 709 06/10/2010 SYS11207 11207 The Brand Banking Company 08/16/2007 99,000.00 99,000.00 99,000.00 5.400 255 5.400 412 08/17/2009 SYS11244 11244 Business First Bank 11/13/2007 99,000.00 99,000.00 99.000.00 5.110 5.110 135 11/13/2008 SYS 11227 11227 Business Bank of Fox River Vly 10/24/2007 99,000.00 99,000.00 99,000.00 5.050 174 5.050 300 04/27/2009 SYS11265 11265 Cape Fear Bank 02/07/2008 99.000.00 99,000.00 99.000.00 3.500 181 3.500 223 02/09/2009 SYS11259 11259 Capitol City Bank & Trust 01/04/2008 99,000.00 99,000.00 99.000.00 4.850 232 4.850 552 01/04/2010 SYS11247 11247 Centenial Bank 11/20/2007 99,000.00 99.000.00 99,000.00 5.000 5.000 323 05/20/2009 SYS11262 11262 CenTrust Bank. N.A. 01/22/2008 99,000.00 99.000.00 99,000.00 4.510 300 4.510 205 01/22/2009 SYS11224 11224 Citizens Bank of Newburg 10/22/2007 99,000.00 99,000.00 99,000.00 5.100 5.100 478 10/22/2009 SYS11226 11226 Citizens Natl. Bank of Quitman 10/22/2007 99,000.00 99,000.00 99,000.00 5.050 237 5.050 479 10/23/2009 SYS11275 11275 Cole Taylor Bank 03/31/2008 99,000.00 99,000.00 99,000.00 3.820 238 3.873 639 04/01/2010 SYS11260 11260 Columbia Savings & Loan 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 250 4.850 552 01/04/2010 SYS11223 11223 Community First Bank & Trust 10/23/2007 99,000.00 99,000.00 99,000.00 5.100 220 5.100 296 04/23/2009 SYS11106 11108 Commerce First Bank 09/18/2006 99,000.00 99,000.00 99,000.00 5.750 223 5.750 79 09/18/2008 SYS11222 11222 Crestmark Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.100 201 5.100 457 10/01/2009 SYS11234 11234 Countrywide Bank, N.A. 10/30/2007 99,000.00 99,000.00 99,000.00 5.400 5.400 121 10/30/2008 SYS11219 11219 Fainters Bank 09/10/2007 99,000.00 99.000.00 99,000.00 5.400 205 5.400 71 09/10/2008 SYS11240 11240 Feliaana Bank & Trust 11/02/2007 99.000.00 99,000.00 99,000.00 5.050 222 5.050 489 11/02/2009 SYS11221 11221 Forreston State Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.150 200 5.150 92 10/01/2008 SYS11258 11258 Garden City State Bank 01/03/2008 99,000.00 99,000.00 99,000.00 4.750 193 4.750 552 01/04/2010 SYS11197 11197 Georgian Bank 07/11/2007 99,000.00 99,000.00 99,000.00 5.471 200 5.547 9 07/10/2008 SYS11286 11286 Haven Trust Bank 06/10/2008 99,000.00 99,000.00 99,000.00 4.010 244 4.010 709 06/10/2010 SYS11200 11200 Home Federal Bank of Hollywood 07/24/2007 99,000.00 99,000.00 99,000.00 5.500 251 5.500 388 07/24/2009 SYS11243 11243 High Trust Bank 11/13/2007 99,000.00 99,000.00 99,000.00 5.100 5.100 135 11/13/2008 SYS11209 11209 Hillcrest Bank 08/16/2007 99,000.00 99,000.00 99,000.00 5.260 202 5.260 412 08/17/2009 SYS11208 11208 Inter Savings Bank 08/16/2007 99,000.00 99,000.00 99,000.00 5.500 260 5.500 412 08/17/2009 SYS11199 11199 Jacksonville Bank 07/11/2007 99,000.00 99,000.00 99,000.00 5.565 212 5.565 9 07/10/2008 SYS11291 11291 The Leaders Bank 06/18/2008 99,000.00 98,363.43 99,000.00 4.050 189 4 106 717 06/18/2010 SYS11288 11288 Live Oak Banking Company 06/11/2008 99,000.00 99,000.00 99,000.00 4.070 4.070 710 06/11/2010 SYS11236 11236 Monterrey County Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.150 281 5.150 457 10/01/2009 SYS11263 11263 Security Pacific Bank 01/22/2008 99,000.00 99,000.00 99,000.00 4.750 262 4.750 570 01/22/2010 SYS11220 11220 New City Bank 09/26/2007 99,000.00 99,000.00 99,000.00 5.150 249 5.150 454 09/28/2009 SYS11237 11237 North American Banking Co. 10/01/2007 99,000.00 99,000.00 99,000.00 5.250 5.250 457 10/01/2009 Run Date 07/24/2008 - 08 23 Portfolio CNC CC PM (PRF PM2) SymRept 6.41.202b CUSIP Investment# Issuer City of National City Portfolio Management Portfolio Details - Investments June 30, 2008 Page 3 Average Purchase Stated YTM/C Days to Maturity Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11261 11261 Nat'l Republic Bank of Chicago 01/11/2008 99.000.00 99,000.00 99,000.00 4.920 270 4.920 195 01/12/2009 SYS11202 11202 Omni National Bank 07/23/2007 99.000.00 99.000.00 99,000.00 5.500 210 5.500 387 07/23/2009 SYS11241 11241 Pinnacle Bank 11/20/2007 99.000.00 99,000.00 99,000.00 5.000 158 5.000 507 11/20/2009 SYS11107 11107 Peoples State Bank 09/13/2006 99.000.00 99,000.00 99,000.00 5.500 193 5.500 77 09/16/2008 SYS11206 11206 STATE BANK OF INDIA (CALIF) 07/18/2007 99,000.00 99,000.00 99,000.00 5.610 170 5.610 17 07/18/2008 SYS11289 11289 Select Bank 06/16/2008 99.000.00 98,274.33 99,000.00 4.000 207 4.000 715 06/16/2010 SYS11264 11264 Southern Bank 02/05/2008 99,000.00 99,000.00 99,000.00 3.700 179 3.700 584 02/05/2010 SYS11218 11218 Sun West Bank 09/20/2007 99.000.00 99,000.00 99,000.00 5.400 156 5.400 80 09/19/2008 SYS11246 11246 Synovus Bank of Jacksonville 11/14/2007 99,000.00 99.000.00 99,000.00 5.050 144 5.050 503 11/16/2009 SYS11225 11225 First Tuskegee Bank 10/17/2007 99.000.00 99,000.00 99.000.00 5.200 143 5.200 290 04/17/2009 SYS11198 11198 Union National Bank of Elgin 07/19/2007 99,000.00 99,000.00 99,000.00 5.580 241 5.580 18 07/19/2008 SYS11292 11292 Westernbank Puerto Rico 06/18/2008 97,000.00 96,289.96 97.000.00 4.000 187 4.000 717 06/18/2010 Subtotal and Average 4,744,614.64 4,749,981.21 4,747,908.93 4,749,981.21 4.965 363 LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 39,612,094.41 39.092,094.41 39,092,094.41 39.090.148.37 39,092,094.41 4.960 39,090,148.37 39,092,094.41 4.960 1 4.960 1 Medlum Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500.000.00 482.125.00 500,000.00 4.000 4.000 1,324 02/15/2012 Subtotal and Average 600,000.00 600,000.00 482,126.00 600,000.00 4.000 1,324 Federal Agency Securities 31331YGL8 11255 Federal Farm Credit Bank 12/05/2007 250,000.00 251,797.50 250,000.00 4.875 4.875 1,618 12/05/2012 31331YGL8C 11256 Federal Farm Credit Bank 12/05/2007 250,000.00 250,360.00 250,000.00 4.875 4.875 1.618 12/05/2012 31331XX31 11277 Federal Farm Credit Bank 08/27/2007 150,000.00 150,703.50 150,000.00 5.650 5.650 1,518 08/27/2012 3133XKUL7 11211 Federal Home Loan Bank 08/02/2007 200,000.00 205,775.50 201.087.50 5.250 AAA 5.337 1,428 05/29/2012 3133XLUL5 11216 Federal Home Loan Bank 08/15/2007 250,000.00 250,937.50 250,000.00 5.750 AAA 5.750 1.506 08/15/2012 3133XML90 11230 Federal Home Loan Bank 10/10/2007 500,000.00 501,366.67 499,791.67 5.300 AAA 5.330 1,555 10/03/2012 3133XPY73 11272 Federal Home Loan Bank 02/27/2008 250.000.00 246,797.50 250.000.00 4.250 AAA 4.250 1.702 02/27/2013 3133XPXB5 11273 Federal Home Loan Bank 03/06/2008 200,000.00 200,750.00 200,000.00 4.250 AAA 4.250 1.709 03/06/2013 3133XQLG5 11276 Federal Home Loan Bank 04/09/2008 200,000.00 195,437.40 200.000.00 4.000 AAA 4.000 1.743 04/09/2013 3133X0PJ5 11278 Federal Home Loan Bank 04/24/2008 100,000.00 99,000.00 100.000.00 4.000 AAA 4.000 1,758 04/24/2013 3133X0TE2 11280 Federal Home Loan Bank 05/06/2008 300.000.00 294,655.67 300,466.67 4.000 AAA 4.000 1,756 04/22/2013 3133XRBM1 11282 Federal Home Loan Bank 05/28/2008 175.000.00 174,070.75 175,000.00 4.125 AAA 4.125 1,792 05/28/2013 3133XRBRO 11283 Federal Home Loan Bank 06/04/2008 200,000.00 199.250.00 200,000.00 4.250 AAA 4.250 1,799 06/04/2013 3133XREN6 11285 Federal Home Loan Bank 06/10/2008 250,000.00 249,375.00 250,000.00 4.320 MA 4.320 1,805 06/10/2013 Run Date 07/24/2008 - 08 23 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b CUSIP Investment* Issuer City of National City Portfolio Management Portfolio Details - Investments June 30, 2008 Page 4 Average Purchase Stated YTM/C Days to Maturity Balance Date Par Value Market Value Book Value Rate S&P 366 Maturity Date Federal Agency Securities 3133XRG95 11290 Federal Home Loan Bank 06/17/2008 200,000.00 200.000.00 200,000.00 4.250 AAA 4.250 1,812 06/17/2013 3133XRGM6 11293 Federal Home Loan Bank 06/19/2008 200.000.00 200,000.00 200,000.00 4.550 AAA 4.550 1.814 06/19/2013 3128X6PR1 11231 Federal Home Loan Mrtgage Corp 10/24/2007 300,000.00 300,783.00 300.000.00 5.400 AAA 5.400 1.576 10/24/2012 3128X6RN8 11250 Federal Home Loan Mrtgage Corp 12/05/2007 250,000.00 251.400.00 250.062.50 5.000 AAA 5.023 1,609 11/26/2012 3128X7LK8 11279 Federal Home Loan Mrtgage Corp 05/01/2008 250.000.00 247.840.00 250,000.00 4.050 AAA 4.050 1,765 05/01/2013 3128X7RG1 11281 Federal Home Loan Mrtgage Corp 05/28/2008 200,000.00 199,799.80 200,000.00 4.150 AM 4.150 1,792 05/28/2013 3128X7YA6 11294 Federal Home Loan Mrtgage Corp 06/25/2008 250,000.00 248,125.00 250.000.00 4.020 AAA 4.020 1,455 06/25/2012 3136F8VL6 11249 Federal Natl. Mortgage Assoc. 11/07/2007 300,000.00 302.250.00 300.000.00 5.000 AAA 5.000 1,590 11/07/2012 3136F95E4 11284 Federal Natl. Mortgage Assoc. 06/10/2008 250.000.00 250,157.50 250,000.00 4.000 AAA 4.000 1,805 06/10/2013 3136F9UD3 11295 Federal Natl. Mortgage Assoc. 06/26/2008 250,000.00 250.937.50 250.000.00 4.625 AAA 4.625 1,821 06/26/2013 31398AJY9 C 11242 Fannie Mae 11/21/2007 250.000.00 250.457.50 250,000.00 5.020 5.020 1,604 11/21/2012 3136F82A2 11266 Fannie Mae 02/12/2008 250.000.00 249.140.00 250,000.00 4.000 4.000 1,687 02/12/2013 3136F82A2 C 11267 Fannle Mae 02/12/2008 500,000.00 491.115.00 500,000.00 4.000 4.000 1,687 02/12/2013 31398AMQ2 11268 Fannie Mae 02/13/2008 250,000.00 245,766.94 250,174.69 4.000 4.002 1,681 02/06/2013 3136F82N4 11270 Fannie Mae 02/20/2008 250,000.00 248.827.50 250.000.00 4.150 4.150 1,695 02/20/2013 3136F82N4 C 11271 Fannie Mae 02/20/2008 500,000.00 494,185.00 500,000.00 4.150 4.150 1,695 02/20/2013 3136F9C87 11274 Fannie Mae 03/11/2008 250.000.00 248,595.00 250,000.00 4.000 4.000 1.714 03/11/2013 Subtotal and Average 7,331,683.03 7,976,000.00 7,949,666.73 7,976,683.03 4.606 1,674 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp Subtotal and Average 0.00 11/30/1998 0.00 0.00 0.00 6.000 0.00 0.00 0.00 AAA 6.000 0 01/15/2013 0.000 0 CalTrust 201-000017-10 11059 CalTrust Subtotal and Average 2,266,275.92 2.269,782.96 2,269.782.96 2.269,782.96 2.420 2.420 2,269,782.96 2,269,782.96 2,269,782.96 2.420 CDARS SYS11215 11215 Neighborhood National Bank Subtotal and Average 2,000,000.00 09/13/2007 2,000.000.00 2,000,000.00 2,000,000.00 5.130 2,000,000.00 2,000,000.00 2,000,000.00 5.130 72 09/11/2008 6.130 72 Total and Average 66,353,467.90 Run Date 07/24/2008 • 08 23 66,586,868.58 56,539,621.99 66,588,441.61 4.791 281 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b CUSIP City of National City Portfolio Management Portfolio Details - Cash June 30, 2008 Average Purchase Stated YTM/C Days to Investment 0 Issuer Balance Date Par Value Market Value Book Value Rate S&P 366 Maturity Page 5 Average Balance 0.00 0 Total Cash and Investmentss 66,363,467.90 66,686,858.68 66,639,621.99 66,588,441.61 4.791 281 Portfolio CNC CC Run Date 07/24/2008 - 08 23 PM (PRF PM2) SymRept 6 41.2026 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5. 2008 AGENDA ITEM NO. 19 ITEM TITLE Withdrawal of Conditional Use Permit for a 16-unit Apartment Project at 2701, 2703, and 2729 E. 18'h Street. Case File No. 2007-60. PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION At the July 15, 2008 meeting of the City Council, Council considered revised conceptual plans for a ten - unit single-family project which the applicant is now proposing. Council then initiated a General Plan Amendment and Zone Change from RS-2 to RT and directed the applicant to apply for a Tentative Subdivision Map. The CUP for the 16-unit apartment project was later on the agenda. The applicant had intended to withdraw that application, but left the meeting prior to the item coming up. Since it appeared the CUP was no longer being pursued, Council proceeded to deny the application. Attached is a letter from the applicant withdrawing the Conditional Use Permit request. Council does have the option of accepting the withdrawal and rescinding the prior motion to deny. With City Council concurrence, the CUP fees could be applied to the Tentative Subdivision Map the applicant will need to facilitate his single-family development. Environmental Review X N/A Exempt Financial Statement N/A City would forgo $3,903 in fee revenue. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council accept the withdrawal of the Conditional Use Permit request and rescind the prior motion to deny and that the CUP fees be applied to the Tentative Subdivision Map. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Letter of withdrawal A-200 (9/99) 7/ 15/08 TO: The city of National City Planning Department Dear National City Planning Department, I am requesting to withdraw my application for a Condition Use Permit (Case File No. 2007-60 CUP) because I am no longer pursuing an apartment building complex. I am now pursuing a single family development project and will be applying for a tentative subdivision map soon. Thank you for your assistance, Victor Castro Productive Real Estate, LLC 619-335-0091 City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE August 5, 2008 AGENDA ITEM NO. -- (ITEM TITLE Notice of Decision - Planning Commission Approval of a Modification of a Conditional Use Permit for the Expansion of an Existing Church at 2432 E. leStreet. (Applicant: Bible Baptist Church) (Case File 2007-43 CUP) PREPARED BY Peggy Chapin, 336-4319 QV DEPARTMENT Planning EXPLANATION The Bible Baptist Church, located along the south side of E. 18th Street between Euclid Avenue and Lanoitan Avenue. proposes to construct a 13,346 square -foot multi -purpose building containing a 10,646 square foot gymnasium, kitchen, restrooms, and storage areas and 2,700 square feet of office space. lobby, reception and conference room. The project site is located in the Single -Family Extendible -Planned Development (RS-3-PD) zone. The Church currently conducts worship services. a K-12 Academy, and a Head Start program. Both the Head Start program and K-12 Academy were approved by previous Conditional Use Permits (CUP 1998- 19 and CUP 2003-09, respectively). Generally worship services and bible study is conducted in the main auditorium. Building 2 and the old auditorium. Building I. Class instruction for the Academy is conducted in the fellowship hall, also noted as Building 2 and Building 3, proposed for demolition. The head Start program is conducted in the Null's Building, Building 4 and Building 5. The Planning Commission considered the request on April 21. 2008 and, due to concerns regarding noise expressed by adjacent residents, the Commission requested the applicant consider relocating the proposed multi -purpose building from the western property line to the northeast corner of the site. At the July 21, 2008 Planning Commission hearing, the applicant presented a revised site plan reflecting the Commissions request. The Commission approved the request and Conditions of Approval requiring rear doors of the multi -purpose building to remain closed during operation and double glazed, non operable windows along the upper level to reduce noise emissions. Additional conditions were included requiring a safety inspection by the Fire Marshall, rebuilding access ramps to comply with building codes, and equiring a Temporary Use Permit for all special events and temporary structures. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission decisions and recommends filing the Notice of Decision. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Pruitt, Flores, DeLaPaz, and Reynolds Absent: Baca, Farias, ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 21-2008 2. Location Map 3. Illustrative Rendering of Multi -use Building 3. Proposed Site Plan 4. Elevations 5. Floor Plan A-200 (9/99) RESOLUTION NO. 21-2008 A RESOLEJTRON OF TIIF. PLANNING COMMISSION OF TI IE CITY OF NATIONAL. CfFY, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL USF PERMIT (('UP-2003-9) FOR THE EXPANSION OF AN EXISTING CHURCH AT 2432 E. 18TH STREET APPLICANT: F31F3LE BAPTIST CHURCH CASE FILE NO. 2007-64 CUP WHEREAS, the Planning Commission of the City of National City considered a modification of an Conditional Use Pennit (CUP-2003-9) for the expansion of an existing church at 2432 E. 18'h Street at duly advertised public hearings held on April 21, 2008 and continued to June 2, 2008, July 7, 2008 and July 21, 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. 2007-64 CUP 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 Iaw and City Iaw; and, WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NO\k', TIIFREFORE. 13E iI 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 continued to June 2, 2008, July 7. 2008 and July 21, 2008, support the following findings: l . That the site for the proposed use is adequate in size and shape, since the church, academy and preschool uses are existing within the 2.41 acre site and adequate parking would be provided. 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 development, since the existing uses would not he expanded and the building expansion would replace an older structure to he demolished, and Fast 18th Street, a collector street, can accommodate the average daily trips generated by the existing church use. 3. That the proposed church expansion would not have an adverse effect upon adjacent or abutting properties, since the proposed multi -purpose building ‘+ould relocate sports and recreational uses indoors, reducing impacts to adjacent properties and since conditions will be in place to ensure that no undue noise impacts will affect neighboring properties and adequate parking can he accommodated on site. 1 4. That the proposed church expansion is deemed essential and desirable to the public convenience and welfare, since it will continue to contribute to community interests and needs and provide additional opportunities to the students attending the school. BE i'l' FURTIIER RESOLVED that the application for Conditional Usc Permit is approved subject to the following conditions: This Conditional Usc Permit Modification authorizes the expansion of an existing church at 2432 Fast 18th Street to construct a 13,346 square -foot multi -purpose building for church and K-12 academy activities. Except as required by conditions of approval, all plans submitted for pen -nits associated with the project shall conform to Exhibit A-2"`' Revision, case file no. 2007- 64 CUP, dated 6/30/2008. 2. During construction of the multi -purpose building, the rear gate of the property accessing 19'h Street/Valle Vista Avenue may be used, if necessary, to provide for safe traffic Clow through the property. The gate on l9'h StreetNalle Vista shall be one-way only (exit). An approved traffic plan shall he submitted for review and approval by the Traffic Engineer prior to construction activities. 3. A detailed landscape and underground irrigation plan, including plant species, sizes, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior to the issuance of grading permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site. This shall include all fence and wall details, and landscape on the south side of the southern perimeter wall adjacent to 19'h Street. All landscaping shall be installed prior to issuance of certificate of occupancy. 4. 'l'he applicant shall submit a lighting filtration study plan, for review and approval by the Planning Department prior to building permit issuance, indicating all lighting directed away from neighboring properties and all areas between buildings with adequate security lighting. 5. The applicant shall submit a revised site plan that reflects a 20-foot minimum front yard setback for the proposed multi -purpose structure for review and approval by the Planning Department prior to building permit issuance. 6. To reduce the potential effects of noise on the adjacent residential properties, construction plans submitted for Building Department approval shall reflect the use of double -glazed, non - operable windows for the portrait windows located along the upper level of the multi -purpose building. A sign shall be posted by the door indicating that the doors of the multi -purpose building shall be kept closed during activities and events. 7. Ali non -conforming storage buildings (metal shipping containers) shall he removed within 90 days from the date of approval of this Conditional Use Pennit. A construction trailer or storage unit would require review and approval of Temporary lJse Permit. 8. All parking spaces shall conform to City standards. All vehicles shall he able to enter onto City streets in a forward direction. All areas along 18`h Street where parking is removed shall he landscaped with the curb cuts removed and curbing installed prior to occupancy of the multi -use building. 9. The new trash enclosure shall he provided in accordance with city standards. It shall have an exterior finish to match the adjacent building and a solid roof completed to the satisfaction of 2 the Planning Department. Location and details of the trash enclosure shall he provided on the landscape plan. 10. The applicant shall work with M'I'S to determine the relocation of the bus stop prior to grading penult. The applicant shall provide a detail of the bus stop, reelected on the grading plan and/or landscape plan, to include a bench and trash can consistent with MIS standards. Should the relocation of the bus stop not coincide with the issuance of the grading plan, the applicant shall bond for those improvements. The bus stop improvements shall be completed prior to certificate of occupancy, to the satisfaction of the City and MIS. 11 Approval of this permit does not suggest approval of the "long range plan". Additional improvements or change to site plan shall require a moditication to the approved Conditional Use Permit. 12. All temporary access ramps shall be rebuilt and comply with the provisions of the (:'alifornia Building Code (CBC) and Americans with Disabilities Act (ADA). 13. The block wall located along the western property line shall be finished with a cap on top of the wall. The portion of chain link fence also along the western boundary shall be replaced with a minimum 6-toot tall cedar fence. 14. Prior to approval of building permits, a safety inspection shall be conducted by the Fire Marshall and safety remediation identified during the audit shall he completed no later than occupancy of the multi -purpose building. All areas determined by the Fire Marshall to he life threatening or require immediate attention shall he remedied in a schedule approved by the Fire Marshall. Additional corrections may he required based on information provided due to the above comment and field inspection. 15. Exterior walls of buildings/signs/trash enclosures to a height of not less than six (6) feet shall be treated with a graffiti resistant coating prior to the issuance of a certificate of occupancy. Graffiti shall be removed within 24 hours of its observance. 16. The school shall hold regularly scheduled fire drills, as required by the Fire Department. 17. Normal preschool and school operation shall he conducted between the hours of 6:30 a.m. and 6:30 p.m., Monday through Friday only. School -related sports and activities conducted within the multi -purpose building may occur on weekends, provided that the activities do not coincide with the timing of church assembly. 18. Project shall he built to code. 19. All improvements shall be designed, built and installed according to current editions of the NFPA 2007, C'FC 2007 and local codes and ordinances. 20. Fire Protection plans such as, Fire Alarm and Fire Protection systems plans are to he submitted under separate permit directly to the Fire Department for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and (.'alculations" shall he included upon submittal. 21. The use of a building or structure by six or more persons at any one time for educational purposes through the 12`h grade is an E occupancy, which also includes uses of a building or portion thereof for educational, supervision or personal care services for more than five children older than 2 '/2 years of age. The applicant shall submit a building permit application to the Building Department for a change of occupancy to an F. occupancy for any existing 3 structure not previously approved for classrooms and comply with California Building Code requirements prior to conducting classroom activities. 22. An automatic sprinkler system shall be provided for Group E occupancies as follows: • Throughout all Group E fire areas greater than 20,000 square feet area; • Throughout every portion of educational buildings below level of discharge; • In rooms or areas with special hazards such as laboratories, vocational shops and other such area where hazardous materials in exempt amounts are used or stored. 23. An automatic sprinkler system shall be provided throughout the new multi -purpose building and portions thereof used as Group A occupancies as provided in section 9023 of the CFC 2007. 24. Exits -Clear Width of Passage: • Shall not exceed 75 feet; • Arrange so that it makes their availability obvious; • One exit shall he provided for an occupancy of 49 people or Tess within 75 feet of travel; • Once exit is achieved, such level of protection shall not be reduced until arrival and discharge; • Shall lead directly to the exit discharge or public way; • An exit shall not pass through a room that can be locked to prevent an exit; • Proper isle ways shall meet code. 25. Vertical Exit Enclosures: • Interior exit stairways and interior exit ramps shall be enclosed with fire barriers constructed in accordance with the CBC fire rating. 26. Illumination Emergency Power: • In an event of power loss, illumination shall automatically provide power to all lights designed and installed for emergency evacuation. These devices shall maintain emergency power for no less than 90 minutes; • Requirement s shall include but not limited to E occupancies (stairs, corridors, windowless areas with student occupancies, shops, labs etc. 27. Fire protection "Flood System" that is to be installed in the kitchen, shall be completed under permit. Protection systems plans are to be submitted under separate permit directly to the Fire Department for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. 28. The project must provide Fire Department access to the rear of the property, to the satisfaction of the Fire Department. Fire access roads shall have an unobstructed width of not less than 20 feet wide, and an unobstructed vertical clearance of not less than 13 feet-6 inches. 29. Fire apparatus access roads shall be designed and maintained to support the imposed loads of a fire apparatus (75,000 lbs), and shall be provided with a surface so as to provide all-weather driving capabilities. 4 30. If required, fire hydrants shall be located as not to have a separation distance greater than 300 feet and shall be located within 300 feet of all locations which are roadway accessible and shall be marked by the use of blue retlective marker in the roadway. 31. Where a fire hydrant is located on a tire apparatus access road, the minimum road width shall be 26 feet. 32. Plans must comply with the 2007 editions of the Califbrnia 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. 33. Television cable companies shall be notified a minimum of 48 hours prior to tilling of cable trenches. 34. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall he prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 35. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDFS) is required to be completed and submitted to the Engineering Department. The checklist will he required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is detemuned that the project is subject to the "Priority Project Permanent Storm Water BMl' Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard t.irban 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. 36. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPDI:S) regulations which may require a Storni Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 37. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to Clow over the sidewalk. Adjacent properties shall he protected from surface run-off resulting from this development. 38. An existing 5-tbot wide easement reserved to the City of National City exists at the west side of the property and no building encroachment will he allowed within the easement. The easement shall he shown on the plans. 39. The deteriorated portions of the existing street improvements, the driveway and construction of curbs along the property frontages shall he removed and replaced prior to the issuance of a certificate of occupancy. Street improvements shall be in accordance with City Standards. 40. 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. 41. Within tour (4) days of approval, pursuant to Fish and Game Code 711.4 and the ('alifbrnia (`ode of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Department. 5 42. Before this Conditional Use Permit Modification shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fore, 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 Porn► within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 43. This permit shall be null and void, if not exercised within three years after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16. 190 of the Municipal Code. 44. A Temporary Use Permit shall be obtained prior to any special event or installation of any temporary structure pursuant to Section 15.60 of the Municipal Code. A special event is one that would require additional parking beyond the uses specified herein and is not considered typical of standard church functions, such as weddings, baptisms, etc. 131E IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE 1"I' 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 tiled 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. ('ER FIFI('A i ION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 21, 2008, by the following vote: AYES: Alvarado, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: Far ta s, Baca ABSTAIN: C'1IAIRWOMAN 6 �O rn o3 4- Q N � tT 0 Q N 0 0 CP -- - - CL N \ 1815 o \ RS-3-PD 1 0 Q,). 1829 — — 1 0 1851 1g05 1902 1g15 1g12 RS-2 193 1g25 1 ZONE BOUNDARY �• PROJECT SITE 100 0 100 200 Feet N LOCATION MAP 2007-64 M 1 Modification of Conditional Use Permit CUP-2003-9 or the Expansion of an Existing Church at 2432 E. 18th St. NATIONAL CI7TY PLANNING DRN. DATE: 4/8/08 INITIAL HEARING: 4/21/08 ( Illustrative Rendering of Multi -use Building Aerial Photo of Project Site Bible Baptist Church, 2432 E. 18th Street 2008-64 CUP 1332:11S H161 VALLE VISTA AVE r 11 1 1 1, 1 1 1 1 1 1 N18'5830'W (330') (PER COJNTY MAP) -- f BUILDING 4 N'JLL'S Bl.ILDING 1 1 ttD1NG HEAD START �111 4 V/6 W6 <//< I BUILDING 1 OLO AUDI:ORIL.M MAIN AUDITORH:M APPRO* 8LOO AREA • B '32 SC FT) 1 _1 _1 _ _1 _I _1 N18'58'30'W (360') ,,PER COUNTY MAP) , FELLOWSHIP HAIL BUILDING 3 LIQUOR STORE BLOG o•,a� ao„ xrod wo1 133b1S H181 NORTH BICKEL UNDERWOOD • -. BIBLE BAPTIST CHURCH MULTI -PURPOSE BUILDING 2432 E. 18th Street National City, California 91950 EXISTING SITE PLAN SCALA ,la July t!, sow 3'_3=r=rat. 0X.STI.G GATE m AND BK WALL -� 1 '0 REAUInAC VALLE VISTA AVE Ji of ay, TI I 1. Ilo EXISTING BLOCK WALL TO REMAIN 6 CEDAR FENCE N I8.58301H (3301 (PER COUNT' MAP) EX.STING / CKA,N LINR.FENCE / TO REMAIN BUILDING 4 T O•A_AREA A6975F I , 5-0' CI EASEMENT BUILDING ' �s-�' �I TOTAL AREA I .5C S F ^ CITY R-GH' CF At CO.\CRC •c WALn WA` . il 5 wIDE G--....—_ GATE CPEu:nG �I _ANOSCAPEC ♦r[A G rT2TO CONCREMAINRETE R'•.AN TEfi L 1 _ BI.IL IN 5 •—7 � L —7.747kOTAL:AREA 855 5 o get get 5 0 5 ,.. E < i — E NT8.58'301N (3601 (PER COUNTY MAP) ORNAMENTAL IRON GL.ARD RAIL :TO MATCH FENCE; MAIN AUDITORIUM TOTAL AREA 5 PO S F. TOTAL <IxED SEATS ITT FELLOWSHIP HALL TOTAL AREA +5 456 5.F TWO STORIES) USED FOR C�URCN AND SCHOOL 3 • • ICUOR S PROPOSED LOCATION OF PARKING LIGN'S PROPOSED ENTRANCE FACAD! EXISTING CHURCH' SIGN TO REMAIN NEW 'MCAT, N MTS BUS STOP R • rA ORNAMENTAL IRQN FENCE 1 WITH ROLL-NG 4IATE AT ENTRANCE 133a1S H181 E�/tieI��l�, a �. PARKING REQUIREMENT: 1 SPACE PER 5 FIXED SEATS (370 FIXED SEATS) REQUIRED PARKING = 7a TABULATIONS: TOTAL PARKING STALLS =106 HANDICAP STALLS = 5 EXISTING YTS BUS STOP '0 BE REl GATED NORTH BICKEL UNDERWOOD MO lied lot fee 124 Korn Mai CA nae M►]1FM1i BIBLE BAPTIST CHURCH MULTI -PURPOSE BUILDING 2432 E. lith Street National City. California 91930 REVISED SITE PLAN ACM 1 00 A ICGALL Tao June 24, 2004 air riaa ni.ra-s E 1•u r NORTH ELEVATION T ! I 1 SOUTH ELEVATION U4 1 WEST ELEVATION INE 1 1 111 EAST ELEVATION BICKEL UNDERWOOD /•Y•• a •LOSS /L ••CMIf•C♦ ••i.ea1111• _a.• ..•.!!o. IMO INA kr" Ws ti worn Busk CA 3* +.►mau imedloweillbolokadoweedAm BIBLE BAPTIST CHURCH MULTI -PURPOSE BUILDING 2432 E. 18th Street National City. California 91930 ELEVATIONS aasr 3 C.. !Coati vs- - /.• A..24. 2001 •. _____.�.•.... ter. FIRST STORY SECOND STORY NOR*n BICKEL UNDERWOOD • c_ aroii .� O OIPOiiijei ,w�2.." M.12�. �.r.,I Cl. 21220 v►m«u nodavtamdabAlElpaiwestoxes BIBLE BAPTIST CHURCH MULTI -PURPOSE BUILDING 2432 E. 18th Street National City. California 91930 FLOOR PLAN M R 2 Off. Juam z.. sea ititnii-°�s k o3ir City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 21 ITEM TITLE TEMPORARY USE PERMIT — American Cancer Society's National City Relay for Life at Kimball Park from August 9-10, 2008 with $1,500 in fees waived pursuant to City Council Policy #804. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 9-10, 2008. This event is a 24-hour walking relay that starts at 9 a.m. on August 9th and concludes at 9 a.m. on August 10th. This relay will raise money for the fight against cancer. During the event there will be food, entertainment and educational activities. The event organizers request the use of the full City stage system. The sponsors will also provide Professional Security, rented lighting, first aid, and portable toilets for the event. The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up to the amount of $1,500.00. This event is a City co -sponsored event. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $1,996.32 for Public Works and $449.00 for Fire permits. Total fees are $2,790.32. $1,500.00 can be waived by the City Council. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees totaling $1,500.00. 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: American Cancer Society EVENT: Relay For Life DATE OF EVENT: August 9-10, 2008 TIME OF EVENT: 9 a.m. to 9 a.m. APPROVALS: PLANNING/BUILDING RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE NEIGHBORHOOD SERVICES CITY ATTORNEY YES [ x ] YES [ x YES [x] YES [x] YES [x] YES [x] YES [ x ] YES [ x ] YES [x] YES [x] NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE. CONDITIONS [ x ] SEE. CONDITIONS [ x ] SEE CONDITIONS [ x 1 SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 American Cancer Society must renew their business license. There is no fee for the renewal. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. NEIGHBORHOOD SERVICES (619) 336-4364 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Neighborhood Services Division for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should he notified no less than 72 hours prior to the start of the set-up activities for the event. FIRE (619) 336-4550 1. Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2. Fire Department access into and through the camp areas are 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 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 are to move immediately to the right upon approach of emergency vehicle(s). 6. Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' 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. All cooking booths or areas to have one 2A:10BC. if grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 8. Additional fire extinguisher shall be placed around the circumference of the track and bowel area so as to provide fire protection for" Luminary Bags" and "Olympic Torch". Fire extinguisher to he mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Extinguisher shall he labeled "Fire Extinguisher". Please sec attached example. 9. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10. Internal combustion power sources that may be used for "Light Towers" shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 11. Internal combustion power sources shall he isolated from contact with the public by either physical guards, fencing or an enclosure. 12. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 13. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. 14. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 15. 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 be used, they shall be flame-retardant treated with an approved State Firc Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Permit fee is three hundred and forty nine ($349.00) dollars. Fees can only he waived by the City Council. 2 FIRE (continued) 16. First Aid will be provided by organization. 17. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 18. Provide map of site area. Map to include placement of Fire Department requests. 19. Fees can only be waived by City Council. PUBLIC WORKS Street Division No involvement. Parks Division: 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide 5 portable toilets. 3. The cost to provide park personnel for set up and break down for this event is estimated to he $1,863.04. This amount should be paid to the City unless waived by the City Council. • Stage Set up (OT) 4 hrs @ $232.88/hr x 4 staff — $ 931.52 • Stage Breakdown (OT) 4 hrs @ $232.88/hr x 4 staff -_ $ 931.52 Total $1,863.04 Facilities Division: • Electrician (OT) 9-9 • Electrician (OT) 9-10 Total Fees 2 hrs set up @ $33.32/hr 2 hrs breakdown @ $33.32/hr $ 66.64 = $ 66.64 = $ 133.28 Unless waived by the City Council, the applicant shall pay $1,996.32 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $1,863.04 Facilities Division: $133.28 Total: $1,996 32 3 RISK MANAGER (619) 336-4370 I've reviewed thc application for the proposed use and note that the event will be held entirely on City property at Kimball Park. The applicant sponsoring organization, American Cancer Society, has signed the Hold Harmless and Indemnification Agreement; however no insurance certificate has been provided. For this event, we require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate. Further, thc City of National City, its elected officials, officers, employees and agents must be named as additional insureds pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. 1 do not think we need to require any additional insurance, however 1 would ask that the organizer ensure that the group providing security also provide evidence of liability insurance. LI Type of Event: _ Public Concert Parade Metion Picture Event Title: Event Location. -r•--•-r-a�•�,-r-•.-*••-•-�-�-•-++--•--- •---ter.-.r.--..-•-: .-'r--„-.�-..-.-. �,.-T-,-----• • Fair Demonstration _ Grand Opening Festival Circus Other Community Event _ Block Party Ske l A �-oQ CAVE" of N pr-4.i otv01.l C:,ky Fa P.t1G, Actual Event Hours: QCV• Event Date(s): From % 1 .l) 0ebto 'I tI o I O$Total Anticipated Attendance: SOO Month/Day/Year ( SOOParticipants) ( 4j Spectators) pm to t•0/C3 a Setup/assembly/construction Date Ur tit 0 UStart time: DU • 0 DAB Pm Please describe the scope of your setup/assembly work (specific details): N -14 (s XZ0i PeQ f ?ea- re#rH. Sz'7 up A-6 S5 01 C> ��4s ow, at,`..( of E-J c-7 Ft) N c-V101JS Dismantle Date: 10 16e6Comptetion Time: 11. 00 em pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. &31A Sponsoring Organization: ct.-1A ,SiZ\ cs4J L' Ara CO— Soci e ly For Profit Not -for -Profit Chief Officer of Organization (Name) Applicant (Name): Address Daytime Phone oib Ce n..A., c ve Ito Noe-7 #1 ,4-c )d) (1,1� So%271-123Lvening Phone. (6t% '(i 111)2yFax (t,11) 213 "" 5 Contact Person "on site- day of the event 4— Sa` g a ea Pager/Cellular tp19 9otO et rJ .-"4 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? ES NO /Y ✓ YES NO If YES, please explain the purpose and provide amount(s):'1/40r' /0t} y c&I a,a4-; o.J Fce -re. . Glyel4SC S $ 1 0f OCb Estimated Gross Receipts including ticket, product and sponsorship sales from *� this event. $ , tt Estimated Expenses for this event. $ ke051 OODWhat is the projected amount of revenue that the Nonprofit Organization will receive as a result of .this event? .�r r•am. �. • 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. 2-H E-E(1- GU c..i 1 TO 2a t c /kw aQ.E N C SS o F Ck J Ci-a. 42zUl�N'jf0^i '� ?\) t RAISE l-bet. Sc�%tec-S-• _ YES ___ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO. list any additional dealers involved in the sale YES _/ NO Does the event involve the sale or use of alcoholic beverages? YES tY NO Will items or services be sold at the event? If. yes, please. describe: YES ✓ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ rNO Does the event involve a fixed venue site? it YES, attach a detailed site map showing all streets impacted by the event. _ YES _ NO Does the event involve the use of tents or canopies? .11 YES: Number of tent/canopies • Sizes NOTE. A separate Fire Department permit is required for lents or canopies. _'S _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. i Food Concession and/or Food Preparation areas Please describe how food wilt be served at the event•. \' \_ \ . Y t' \' If you intend to cook food in the a ent area please specify the method: ✓GAS _ ✓ELECTRICCHARCOAL _ OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant Gan show that there are facilities in the immediate area available to (he public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tenVcanopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or Trailers Other related event components not covered above T/ash.conlainers and dumpslers . (Note. You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean co ndition Number e2 Number of trash cans: �--� Trash containers with lids: 3 �� S Describe your plan for clean-up and rernoval 61 waste and garbage during and alter the event 2.0 \--xsTc.,t € 1 s sh e>wg Q&.od tr,e b i3� 1.77--(Jte 3pSWLS Qtsv � t7 ��{ C:, tJC c� . N t..t- K-0 o M p S Please describe your procedures for both Crowd Control and Internal Security: vYES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: SP*) V ecccD aO�rj Ct S CC.J it Security Organization Address: 3 SS Stu , p. i e, Security Director (Name): Phone: _vYES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: P a<ac. lrt o tti b- t a 4 t L.t' b? Tow 0-7L S R O gy Hww tet,tJ G 'Et -A) sew I E e's Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. kitAT A•tRoX Ws it SC ea Si t• 'F.'Z$T4-4.ts C P 0•v''04 Ft Pb 4ktl Be T Please describe your Accessibility Plan for access al your event by individuals with disabilities: J'.. y:• •• ...•..1 .. �. a. .•.••. .?.1 • Please provide a detailed description of your PARKING plan: 4 zst g N► D p c.tc., A► g ( -S FogL- g TtZt PA 214 6 Please describe your plan tor DISABLED PARKING: i,tt°•N�j1 CAS '14) (R !`V Ar11 kat •G• 1 n) ?A-0-km) 6 L o 8 Please describe your plans to notify all residents, businesses and churches impacted by the event: WS NS04.Cc 3G SE*7. ouT VzA- AAA-1 11- ? (LAO— Tr tc'� t �► . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. NKES NO Are there any musical entertainment features related to your event? If YES. please state the number of stages, number of bands and type of music Number of Stages: 1 Number of Bands: ID Type of Music: Ptc.C. TYpS r YES NO Witt sound amptitication be used? If YES, please indicate: // Start time j4 p.vK am/pm Finish Time (=I 30 am/pm V1 ES _ NO Will sound checks be conducted prior to the event? If YES, please indicate. Start time. _ : 30 'pm Finish Time io• vb am/n Please describe the sound equipment that will be used for your event: V a Q A fix) S %ARA) it-t - J k$ ' Sic 13 VI1n% _ YES N, NO Fireworks, rockets, or other pyrotechnics? If YES, please describe. VYES NO Any signs, banners, decorations, special fighting? If YES, please describe: _ L Neh + �rt. V71260 G O t A•..1 c 1J p'C• 1-3 - Ikk&ssmGS Revised 08/10/05 9 Event: For Office Use OnCy Department Date - Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building 8 Safety Department 10 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 AAcw`CP%K\ L` ai.3 CEA- S OC.—S Person in Charge of Activity cAk ye_ S p►`nA.Pca v G1 Address 119 Qbt L Q,fo co Telephone \o\S k0 42 '7 4 Z1 Date(s) of Use Wk./ 0 Tr — FS1 /O/CLR 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 j der the permit by the permittee or its agents, employees or clo Signature of Applicant Official Title D le For Office Use Only Certificate of Insurance Approved Date I I 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 TIJP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP . Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization NvvM.ratLACP, C,11.NCIrQ, Type of Organization (Q E7r.nnly w�: OV*tt a►4 /- ,t (Service Club, Church, Social Service Agency. etc.) C���-er(J�1 3. Will the event generate net income or proceeds t the sponsoring v organization? 1/ 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. S‘ No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details VNo (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: Fends were used to: 76 No (P lease sign the form and submit it with the TUP Ap • ication) 5 gnature 13 /c, (7-8 Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 22 ITEM TITLE TEMPORARY USE PERMIT — Pumpkin Station hosted by Pinery Christmas Trees at Plaza Bonita from September 26.2008 to October 31, 2008 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from Pinery Christmas Trees to host the annual Pumpkin Station at Plaza Bonita Mall from September 26, 2008 to October 31, 2008. Daily hours will be from 10 a.m. to 9 p.m. This event will include children's rides, a boat ride, games, popcorn, sodas, a petting booth, as well as the sale of pumpkins. Free entertainment will be provided on Saturday's and Sunday's. including magicians, ventriloquists, jugglers, and a puppet show. Six (6) canopies will be on site. Halogen lighting, string lighting, and light towers will provide illumination throughout the evenings. First aid kits are located on location, as well. Private security will be present during high -traffic periods each day. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP, plus $449.00 for Fire permits and inspection. Total fees are $794.00. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORIIOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pinery Christmas Trees EVENT: Pumpkin Station DATE OF EVENT: September 26 to October 31, 2008 TIME OF EVENT: 10 a.m. to 9 p.m. daily APPROVALS: PLANNING/BUILDING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER I've reviewed the application for the proposed use and note that the event will be held on privately owned property at Plaza Bonita. The leasing manager for Plaza Bonita has authorized the use in writing. In the past, the agreement with Westfield required the applicant to maintain sufficient liability insurance for the event, which has been held in the same location for 6 years straight. I do not see any reference to liability insurance in the current application and would like to confirm that commercial general liability insurance with limits of at least one million dollars per occurrence is in fact being required. ('overage should be provided from the initial set up through breakdown. A copy of the insurance certificate, when provided, would be sufficient. Absent this concern, 1 have no objections to the application. FIRE (619) 336-4550 1. Access to the area to be maintained at all times. 2. Fire Department access into and through the booth areas are 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. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5. Fire Hydrants and fire department connections shall not be blocked or obstructed at any time. 6. Exitsways to be maintained in an obstructed manner at all times. Exitway to be clear of all obstructions for its entire length and width. 7. Exitways to be illuminated and posted. 8. No open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted - NO SMOKING. 9. Extinguisher to be mounted in a visible location between 3'/2` 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. 10. Internal combustion power sources that may be used for inflatable rides shall he of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 1 I. Internal combustion power sources 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. 12. Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from all tents and canopies. 13. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 14. 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 be used, they shall he flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must he obtained. Permit fee is three hundred and forty nine ($349.00) dollars. Fees can only he waived by the City Council. 15. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices. 16. 11 cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 17. A tire safety inspection is to he conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 18. Fees can only be waived by City Council. 2 • r•ti . . .'. .�>! . •r.. _•• . .i. . , rr • fir'•�.�• •1 :. `' .r. r_ •�. T•_ ., ' , . , • Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other _ Event Title• - _ I Gil% Lk If 274 /77QV Q Event Location ti 1_ .,_ j7.A/, eeD Event Date(s) From Community Event Block ('arty a �� to / 3/ _ Total Anticipated Attendance. Month/Day/Year i.;:hral Event Hours 11 pm to Participants) Spectators) Setup/assembly/construction Drite 0/ Start time Please describe the scope nt your setup/assembly work (sp€:crtic details),/r7,57` r , Dismantle Date: I/1 - 1, Completion Time: S. V.5/ List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. •�'•jir•i.•.i,.� •.,�•f'*'••.i��' •�:i.i�•�S'a'.~�1• i •r. :'Il a ..1. ?1;-+'•; � '� '= ;•r'".. ��.� �• ,i.{. sr r...i �..i�i.!`�'" ..',�.�r+:r1. •`iL444.. N.• :—i r..�./..... _ .'_ . TIRE •At. '.• �.',A. •i.4.' •i,,. Sponsoring Organization Chief Officer of Organization Applicant (Name) y/'j _ YJf /i?2.$e /� -- —.. -•XFor Profit ,J �} Not-fnr- Prolit ante) . r'9/�/�1R/% � CL/f- d YI✓. � — e "41" a In S.) 4(31 _ _ AddrP>s 6.45- o-1p6 v/ei.1 €A &'7ej0 fl<lytunty T'hon(' 1� ����.�7. t' f s�nu�g Phnrie 1 ) �i. >. Fax --9 k 7 4, Person on site itiry ')I the I•vi•nl t',ti)r r.`Ceflul.I1 3.37 - G 'r- i 70/ NOl E: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE= EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 3 _.._.r.._..• -----�--• ��.. -. T•••-••--•- ..- -r. • ,r, „ .•� am.fir Is your organization a "Tax Exempt, nonprofit" organization? Are admission. entry, vendor or participant fees required? If YES. please explain the purpose and provide amount(s). YES ) NO YES X NO OD__ Estimated Gross Receipts including ticket. product and sponsorship sales from this event. • $ i 6 big) _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/ ' ent t2e Pd+ckchQ 0 ( 'rF;; NO If the event involves the sale of car';. ,All the cars come exclusively from National City car dealers", If NO. list any additional dealers involved in the side -- --_.-- _ 9 YES,X NO Does the event involve the sale or use of alcoholic beverages') y. YES __ NO Will items or services he sold at theevent? If yes• please describe. y rn pkinGiaA Lives Y 1 s a•►V r f PTO) r,rSd 0.. YES NO Does the event involve a moving route of anykind along s eels. sidewalks or � g 9 highways? If YES. attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route YES NC) Does the event involve a fixed venue site? If YES, attach a detailed site nap showing all streets impacted by the event 1 YES NO Does the event Involve the use of tents or cano ies? It YES Number of tenUcanopies Sizes L'AX3Q 1_��Ox k . 3 -2.0,( 41, NOTE A separate Fire Department perrnit is required for'tents or cannprds YI:S O Will the event involve the use of the City stage or PA system') In addition to the route map required above, please attach a diagram showing the overall layout and setup locations for the following Items Alcoholic and Noriafcoholic. Concession and/or Beer Garden areas • Food Concession and/or Food Preparation areas 11 Please describe how food will be served at the event r.gp _cQ If you intend to rook food in the event area please specify the method GAS ELECTRIC CHARCOAL OTHER (Specify) • Portable ar,d!ur Permanent 1-ode Cihhes Number of portable toilets _ _ (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs • Fencing. barriers and/or barricades • Generator locations and/or source of electricity 4 i Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures Scaffolding. bleachers. platforms. stages, grandstands or related structures • Vehicles and/or trailers • Other related event components not covered above (rash containers and dumpsters (Note You must properly dispose of waste and garbage throughout the term of your r:vr:nt and immediately upon conclusion of the e':ent the area mist be returned fo a clean Condition ) Number ,;f Ir,ii,fr T rash containers with lids DeScilbo for to t* tip 3(1(1 terimval r>f to and q,,rh,ige (funnel and allCi the iJvRrl cJc utr L, x 0,1:Z06 4. 5 ALet,d.e Please describe your procedures for both Crowd Control and Internal Security. __ Airt, prit1a ✓C eL1rJ I 31.4.0vtic4 C144Yl r 5 ItiS y d YES ?<NO I lave you hired any Professional Security organization to handle security arrangements for This event? If YES, please list. Security Organization Security Organization Address. Security Director (Name Phone YES __ NO Is this a night event? If YES. please state how the event and surrounding area will tie illuminated to nsure afety of the participants and special 9rs' i� c IAQ�Y1 .S 5 tv i c%/, q S # L,(9k, Tom,,ty rS Please indica what arrangerne 1l you hn 'ade for prov ing�st Aid latfJr1g and Equipment to�.12 _` q,V�-e rf Y4 t 1fS 11 v o 1A c4 I- k. 14) cA, 1 0/3 Pleas describe your Acce ssibillt Plan fopr access t your event byIndividua s with disabilities. Qr. O�l�� f'l rt%�/i}'1 i Fet 1 n S p_T_5 - - -� ^✓:t • r-.• -.. ••, :..,•, •�-!��•-...�r).•�.�..+vim.•-e-��!"�"•T�+'-!•-r-r•�• • , :)�� ! 9 r •+.:.�, r • '.��'4 . • J•. .1• ir••• • .�-•i j 71 . •v.,•1. • it * ] y's•• /.+ Please provide a ffetarled s notion of your ARKING plan 0.gam s1(- 14 au 1 h PIrv]se describe your plan for fISAf3Lt=D U1ARKING au t i - 11,1, 0 Please describe your plans to notify all residents. businesses and churches impacted by the event 0%S.npa t" NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YFS )XNO Are there any musical entertainment features related Io your event? If YES. please state the number of stages, number of bands and type of mUsic Number of Stages Type of Music _ _ YES,NO Will sound amplification be used? It YES. please indicate Start time _ arn!prn f rnrsh Time am/pm YFS XNO Will sound checks be conducted prior to the event? If YES. please indicate atrliprn Start time Number of Bands. arn!•prn Finish Trme Please describe the sound equipment that will be used for your event YES,NO Fireworks• rockets, or other pyrotechnres7 If YFS. please describe YFS _ NO Any signs, banners. decorations. special lighting? If YFS. please describe krr✓r1,ed 08/1D/05 3- City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 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 liti ation, arising out of or related to the use of public property or the activity take under the permit by the permittee or its agents, employees or contractor Signatur . o A Official Title -- -4-14:t— Date F<)r face Ilse Only Certificate of Insurance Approved Date 8 Westfield Plaza Bonita June 30, 2008 Mr. Joe Olson City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: Temporary Use Permit Pumpkin Station Westfield Plaza Bonita Dear Joe: 3030 Plaza Bonita Road #2075 National City, CA 91950 T 619.267.2850 F 619.472.5652 1 hereby authorize Norm Osborne, acting as representative of Pinery Christmas Trees, Inc., to operate a business known as Pumpkin Station in the parking lot Lot #7 at Westfield Plaza Bonita during the dates 9/03/08 through 11/04/2008. • Setup begins 9/03/08, opening 9/26/08, closing 10/31/08, breakdown through approximately 11/04/08. Norm has permission to install temporary power to poles in parking lot #7 to provide power during the Pumpkin Station occupancy, if adequate power is not already in place. Pumpkin Station will begin installation at Westfield Plaza Bonita approximately 9/03/2008, with grand opening approximately 9/26/2008. Norm will obtain all necessary permits from National City for occupancy at Plaza Bonita Please call me if you have any additional questions. Thank you. Sincerely,, �/ I l�f- Donna Kudnck Specialty Leasing Manager Plaza Bonita Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined. We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, humble bee swing ride, lil' toot ride, inflatable slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (3 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages 10 local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from 1# size to Bodacious Pumpkins weighing over 15O#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. Sijnage We have 2 signs — on at our entrance (4' X 8') and one on our storage trailer (10' X 40'). Experience This is our 10" year of experience operating Pumpkin Station — 1 year at Plaza Camino Real in Carlsbad, 5 years at Mission Valley Shopping Center in San Diego and the lust 6 years at Bonita Plaza Shopping Center 1 year at Parkway Plaza in El Cajon and 1 year at the Del Mar Fairgrounds. 10 700e Y�c5r- -L Zo yCD G�oP zc�y`10 C ,-)of>y it ZOx20 copy CrtRg—, (ABA- PoisApKi/-)1 S ow i Jc \/ kr Pub \\ / 1 / , , i c City of National City, California COUNCIL AGENDA STATEMENT AlEETING DATE August 5, 2008 AGENDA ITEM NO. 23 ITEM TITLE \ Request to Use the Martin Luther King, Jr. Community Center by the National School District for their Teacher Staff Development on Monday August 18 & Tuesday August 19, 2008 with no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 336-4274 EXPLANATION DEPARTMENT Community Services The National School District is requesting use of the Martin Luther King, Jr. Community Center for their Teacher Staff Development on Monday August 18 & Tuesday August 19, 2008 from 7:30am to 3:30pm. Approximately 150 guests will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 703.76 Custodial: $ 88.00 Total $ 841.76 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review q NIA Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $691.00 plus $160 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A-200 (9/99) City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle `Martin Luther King Jr. Building 'North Room South Room Entire Facility Date(s) o Use: August 1 1 Kimball Senior Center Casa De Salud 2008 Day(s) of Use: 2 Time of Use: From: 7.3Q AM/PM To: 3:i. AM/PM — INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: Teacher Staff Development Is the event open to the public? Name & Address of Organization/Group: National School District, 1500 N Avenue National City, ( 91950 nartha.gutierrez e national.k12.ca.us Non-profit organization: yes no Tax ID # Anticipated Maximum Attendance: 150 each day Percentage of National City Residents Will Admission be charged? No Amount $ _ Will this be a Fund Raising Event? Nn _ Equipment Requested: 150 # of chairs 20 # of banquet tables Stage Yes Podium/Microphone Use of Kitchen: Yes x No Use of Gas for Range and Oven: Yes No Is the Use of Alcohol Requested? No Will other paid services be used (:_e., commercial caterer, DJ, Band, etc)? YES X NO Name: Name: Phone: Phone: How many times in the last twelve months have you requested to use a City Facility? _ p„p _ __ It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.E of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: 3/20/08 PRINT NAME: SIGNATURE: Ellen C. Curtin ADDRESS OF APPLICANT: 1500 N Avenue CI I Y, STATE, and ZIP CODE: National City, CA 91950 PHONE: DAY 619-'116-77.51 EVENING EMAIL:ecurtin(�sdcoe.k12.ca.us FAX NUMBER: 619-336-7551 CONTACT PERSON ON THE DAY OF THE EVENT: Martha Gutierrez HOME PHONE: (619 )_336_7750 _ CELL: ( ) Please type or print dearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. Rental Arnount Received: Deposit Amount: Check Community Services Staff Only - Receipt Number: DePnit/Key Returned: Key issued: YES NO 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 include 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: / 5 0a N. Telephone: G/-33G - 727,5'7 City Facilities and/or prop rty requested: Date(s) of use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. -.01-004); 6/1;4 Signature of Applicant Official Time Certificate of Insurance Approved by Date Name and Title E-Mail: ,S'vf, A-vo_ Ga , 4 City of National City, California COUNCIL AGENDA STATEMENT METING DATE August 5, 2008 AGENDA ITEM NO. 24 ITEM TITLE Request to Use the Kimball Senior Center by the Spearhead Senior Citizens Association for their monthly dance on every third Saturday with waiver of fees except cleaning and kitchen refundable deposit. PREPARED BY Kaseem Baker Phone: (619) 336-4274 EXPLANATION DEPARTMENT Community Services The Spearhead Senior Citizens Association is requesting use of the Kimball Senior Center for their monthly dance on every third Saturday from 10:00am to 4:00pm. Approximately 180 guests will be attending. Under the current 803 policy dances are not allowed. However, this is a service that benefits the City and its senior citizens. Cost: Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 Total: $ 160.00 Environmental Review f N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $160 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Kimball Senior Center A-200 (9/99) Today's Date: (i!//(asi Name or Organization 50244A lu,a,al &ram d / . 444o_ Address: PP{%% A are • afi:201 National City Community Services Department 140 East 12th Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 APPLICATION INFORMATION Applicant (Please be sure to print in blue or black ink) DATE OF EVENT: br 4614" d 4w 114.40 5$44.�� j / 7' mot. City/State/Zip: 4 74 »(. 44,& c'q i f S 6 Phone: 419-4177 -/f L7 ontact: t 4 ( Pa FIELD/ FACILITY/ PARK REQUESTED Please check all that apply: El Toyon Park Kimball Park Las Palmas Park Sweetwater Heights Park Camacho Gym Pool El Toyon Rec. Ctr Kimball Rec. Ctr Camacho Rec. Ctr Casa De Saiud Kimball Senior Center ACTIVITY Please check appropriate boxes: o Astrojump o Meeting Room o Athletic field rental* o Baseball* o Football* o Softball* o Volleyball* o Basketball* o Tennis* o Soccer* o Picnic ❑✓ Other D,u- c * If reserved for league play, you must submit a team roster with addresses within 10 working days. Insurance certificate required? Yes No Fee required? Yes No (cash only) Amount: Date Paid Initials Name of vendor: Phone number: Verified by: NOTE: ALCOHOLIC BEVERAGES/SMOKING BANNED IN ALL FIELDS/FACILITIES/PARKS. National City Community Services Department 140 East 12th Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 FIELD/ FACILITY INFORMATION Field/ Facility; �lmlr x Dates requested: CJW--1__:3/4"Wrd0`�� Days of the Week and hours requested: Days Monday Tuesday Wednesday Thursday Friday' Saturday Sunday i From: To: Total , Number of participants at your event: % Of participants who resides in National City City of National City Public Property Use Hold Harmless and Indemnification Agreements Persons requesting use of City property, facilities or personal are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include 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 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, indemnity and hold harmless the City Of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attomeys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. I have read and completed the above form to the best of my knowledge Signature: Date: FOR DEPARTMENT USE ONLY PARK DIVISON APPROVAL: YES NO DATE: COMMUNITY SERVICES APPROVAL: YES NO DATE: COPY GIVEN TO APPLICANT: Community Services Department 140 East 12th1 Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 www.ci.national-city.ca.us FIELD/ FACILITY REQUEST FORM CHECKLIST Requesting Organization r/4t / du 4 ' 444 p • a'241• Name: PCt.4d dd I'4a4 Date / // / 0 7' Last First Please initial all sections of this checklist Field/ Facility Request Form Hold Harmless/ Indemnification Current Insurance Certificate ///if -Current Organization's Bylaws 0/P Current Audited. Financial Statement Preliminary Roster Data Current Roster Data (by second game. of season) Received Copy of City Council Policy 801 Community Service Department Staff use only Verified by: Date / / Print Name Signature: City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2008 AGENDA ITEM NO. ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.53 PERTAINING TO REGULATIONS FOR THE USE OF SKATE BOARD PARKS PREPARED BY: Rudy Lopez V (619) 336-4560 DEPARTMENT Community Services This ordinance is being introduced pursuant to California Ilealth and Safety Code Section 115800 for the purpose of protecting the city from claims arising from use of public skateboard parks. The Kimball Park Skateboard Park is scheduled to open on September 20, 2008. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Adopt ordinance BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. I. Ordinance ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.53 PERTAINING TO REGULATIONS FOR USE OF SKATEBOARD PARKS BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is amended as follows: Section 1. Title 10 of the National City Municipal Code is hereby amended by adding Chapter 10.53 to read as follows: Chapter 10.53 REGULATIONS FOR USE OF SKATEBOARD PARKS Sections: 10.53.010 Purpose. 10.53.020 Skateboarding prohibited in certain areas. 10.53.030 Protective gear required. 10.53.040 Skateboard park prohibited activities. 10.53.050 Signs. 10.53.060 Violations. 10.53.020 Purpose. This Chapter is adopted pursuant to the City's police powers and California Health and Safety Code section115800, and any succeeding or related statutes, for the purpose of protecting the City from claims arising from use of the public skateboard parks. Skateboarding is an inherently dangerous recreational activity, and persons using skateboards do so at their own risk. 10.53.020 Skateboarding prohibited in certain areas. Skateboarding is prohibited in city parks and recreational facilities unless specifically authorized in areas designated by this chapter and as further designated by resolution of the city council. The city designates and maintains as a skateboard park facility that area located within Kimball Park, where the current basketball/tennis courts are sited, and whose boundaries are designated by a fence and sign designating the area as a city skateboard park. 10.53.030 Protective gear required. It is unlawful for any person to ride, operate, or use a skateboard at any skateboard park located on city property unless that person is wearing a helmet, elbow pads, and knee pads (collectively, "Safety Equipment") in accordance with the Safety Equipment manufacturer's recommendations. The Safety Equipment must be in a serviceable condition. 10.53.040 Skateboard park prohibited activities. A. The prohibited activities within the premises of any city park, playground, recreational facility, and golf course contained in section 10.52.010 of this code shall also apply to designated skateboard parks located on city property. B. No person shall engage in any of the following acts within the premises of any designated skateboard park located on city property: Ordinance No. 2008 — Page 2 1. Place or use any unauthorized apparatus, pieces of equipment, or obstacles within the skateboard park; 2. Place or use other materials, including but not limited to ramps or jumps, within the skateboard park; 3. Skateboard on wet surfaces; 4. Enter the skateboard park unless actively skateboarding; 5. Use, consume, or have within his or her custody or control, food or beverages, within the skateboard park; 6. Enter the skateboard park while under the influence of alcoholic beverages or drugs; 7. Use or possess glass containers, bottles, or other breakable glass objects or products within the skateboard park; 8. Use or engage in intimidation, hazing, bullying, pushing or fighting; 9. Skateboard with more than one rider on the skateboard at any one time; 10. Ride, operate or use any device other than a skateboard in the skateboard park. Prohibited devices include but are not limited to rollerskates, in -line skates, bicycles, motorized vehicles, motorized skateboards, and motorized skates. 10.53.050 Signs. The director will post signage at the skateboard park affording reasonable notice that any person riding a skateboard in the skateboard park must wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be subject to citation under this ordinance. The signage will state at a minimum the following: SKATEBOARDING ONLY. THIS SKATEBOARD PARK IS NOT SUPERVISED. SKATEBOARDING IS HAZARDOUS. SKATEBOARD AT YOUR OWN RISK. THE NATIONAL CITY MUNICIPAL CODE REQUIRES PERSONS USING THIS SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS, AND KNEE PADS. NO UNAUTHORIZED APPARATUS, PIECES OF EQUIPMENT, OR OBSTACLES. FAILURE TO COMPLY IS UNLAWFUL. 10.53.060 Violations. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor or an infraction as provided in Section 1.20.010 of this Code and in accordance with Chapter 1.20 of this Code. PASSED and ADOPTED this day of , 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney MEETING DATE: August 5, 2008 city of National City COO NCI L. AGENDA STATEMENT AG EilaAi lEM NO. ITEM TETE E: Resolution waiving the bid process and authorizing the award of funds in the amount of $136,795.76 to American Ramp Company for the purchase of skateboard ramps, guard railing system, and framework for the Kimball Park Skateboard Park. PREPARED BY: Rudy LopezJ (619) 336-4560 EXPLANATION: See attached report. Enviconniental 1<evievy N/A DEPARTMENT Community Services Financial Statement Funds are available in the following account: (15409-500-598-4128 ---$165,000 .: ' 7-1.•:?--..v1; - j;_..-;; :f. 3.. .--Ek.L '•-: ....-..?..:`,1, :: , 7i .. ,•11,:::',.. :I.L:17 ' -: : ".i. . :.; . : ' . ' - , ? : .: , - , -.; i 1 -•--,.- . - '1„, STAFF RECOMMENI)ATION See attached recommendations. BOARD/COMMISSION RECOMNIEi\-1 litiN N/A [A I. FACHNIEN I'S (fisted Below) Re5o1ution No. I. Staff Report 2. Resolution 3. Skatepark Order Form --.,- • • ' • - - BACKGROUND: The purpose of this report is to request that the City Council waive the formal hid process, and authorize City staff to piggyback the State of California contract with American Ramp Company for the purchase of components for the Kimball Park Skate Park. The following is a brief history of the project including a summary of action by the Parks and Recreation Advisory Board (PRAB) and the City Council: December 20, 2007: A group of skaters attended the regularly scheduled PRAB meeting and requested the development of a dedicated facility for skateboarding. The PRAB directed staff to arrange a public workshop on the topic. January 29, 2008: The PRAB hosted a public workshop on the development of a skate park. Over 70 residents attended, mainly youth. The DRAB designated a subcommittee comprised of five youth, two commissioners and city staff to work on a recommendation taking into account public comments trom this meeting and to return with a recommendation in one month. February 26, 2008: The PRAB subcommittee met twice previous to this meeting. It was recommended that the site presently configured as a tennis court/basketball court in Kimball Park be used for a skate park. The subcommittee also recommended a street or plaza style of construction. The PRAB unanimously adopted the subcommittee recommendations. May 6, 2008: The City Council unanimously approved the skate park project, the site as the Kimball Park tennis courts, and the allocation of S 165,000 in capital improvement funds for the project. Additionally, it was requested that the project he of a temporary nature to allow for relocation of the park in the future. As allowed by Purchasing Ordinance 01480, and Municipal Code #2.60.22 and #2.60.26, it is requested that the City Council waive the formal bidding requirements, and allow the use of the State of Calitornia Contract #GS-07F-5817P (available through their GSA Advantage/Federal Supply program). Since the hid process takes approximately 8 weeks, piggybacking the State contract would help to expedite the project, so we could provide a safe skating environment for the youth of National City. 1'he award will he in the amount of S 136,795.76, including tax and shipping costs. Installation costs will he handled under a separate contract. FINANCIAL: Council has previously allocated S165,000 to this project from Capital Improvement funds. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE MUNICIPAL CODE, AND AUTHORIZING THE AWARD OF FUNDS IN THE AMOUNT OF $136,795.76, USING ALLOCATED CAPITAL IMPROVEMENT FUNDS, TO AMERICAN RAMP COMPANY FOR THE PURCHASE OF SKATEBOARD RAMPS, GUARD RAILING SYSTEM, AND FRAMEWORK FOR THE KIMBALL PARK SKATE PARK WHEREAS, on December 20, 2007, a group of skateboarders attended the regularly scheduled Park and Recreation Advisory Board ("PRAB") meeting and requested the development of a dedicated facility for skateboarding; and WHEREAS, at a public workshop on the development of a skateboard park held on January 29, 2008, PRAB designated a subcommittee comprised of five youths, two commissioners, and City staff to work on a recommendation taking into account the public comments from the public workshop; and WHEREAS, on February 26, 2008, the subcommittee recommended, and the PRAB approved, that the site presently configured as a tennis court/basketball court in Kimball Park be the site for the skateboard park; and WHEREAS, on May 6, 2008, the City Council unanimously approved the skateboard park project to be located at the site of the tennis court/basketball court at Kimball Park and the allocation of $165,000 in capital improvement funds for the project. The City Council also requested the project be of a temporary nature to allow for relocation of the skateboard park in the future; and WHEREAS, it is requested that $136,795 of the allocated Capital Improvement Funds be used to purchase skateboard ramps, a guard railing system, and framework, to be used in the building of the skateboard park, from American Ramp Company; and WHEREAS, the grand -opening of the National City Skate Park is being coordinated with National City Week, which begins September 13, 2008; and WHEREAS, the City is in a position to piggyback with State Contract No. GS- 07F-5817P, available through the GSA Advantage/Federal Supply Program, which will expedite the purchase of skateboard ramps, a guard railing system, and framework to meet the deadline for National City Week; and WHEREAS, pursuant to Section 2.60.260 of the National City Municipal Code, the Purchasing Agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the Purchasing Agent to be in substantial compliance with the City's procurement procedures, and the Purchasing Agent has in this case made such determination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the purchase of skateboard ramps, a guard railing system, and framework, from American Ramp Company, via State Contract No. GS-07F- 5817P, using allocated capital improvement funds in the amount of $136,795. --- Signature Page to Follow --- Resolution No. 2008 — August 5, 2005 Page 2 PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 i - - '`',14, ' • AC. toOtlzW'"" '' • 316" STEEL RIDING SURFACE • MAXGRII'w POLYESTER POWDERCOAT • FASTENER FREE RIDING SURFACE • 70 YEAR WARRANTY 4kitTanCr., 1923 4' 4' 4' 4' 4' 4' 4' 4' 10 4' 4' 4' 4' 12 4':4'4'.4' a. 18 20 1.20.' 16 0 ' 2' 3' 3' 3' riThi 8 .22 25 i.. _I< (19 3' 3' 3' 3' 3' 3' 2' 4 13'3'3' 4' 4':4' 3' ?3i 4' 4' r 60' W W W.AMERICANRAMPCOMPANY. COM 601 MCKINLEY JOPLIN, MO 64801 TEL: (800) 949-2024 TEL: (417) 206-6816 FAX: (417) 206-6888 sales@americanrarnocomoarty.com DRAWN BY Billy Hansom DATE 73u08 THIS DRAWING MAY CONTAIN PROPRIETARY INFORMATION BELONGING TO AMERICAN RAMP COMPANY AND SHOULD NOT BE COPIED OR REDISTRIBUTED WITHOUT EXPRESS WRITTEN PERMISSION FROM AMERICAN RAMP COMPANY REP. AGENCY AMERICAN RAMP COMPANY REP. NAME DAMAN SCHUBER REP. PHONE (800) 949-2024 CUSTOMER APPROVAL DATE PARK ENCLOSED? PRO SERIES X SERIES STEALTH SERIES PROJECT NAME Nationai City, CA DESIGN NO. 1923 601 McKinley Joplin, MO 64801 Toll -free 877-RAMP-778 Local 417-206-6816 Fax 417-206-6888 sales@americanrampcompany.com WWW.AMERICANRAMPCOMPANY.COM Design # Ready to Ship FOB Discount 1923 30-60 Days Location 1/2% HALF DOWN, 1% FULL PREPAY Item Obstacle Height Width Length Pro Series 1 Skate Bench 1.5' 1' 6' $1,153.91 2 Bank Ramp Hip 4.0' 4' 13' $2,556.25 3 Bank Ramp Hip 4.0' 4' 13' $2,556.25 4 Piano Bank Ramp 5.0' 4' 15' $3,637.54 5 Piano Bank Ramp 5.0' 4' 15' $3,637.54 6 Bank Ramp 4.0' 4' 25' $6,235.45 7 Piano Bank Ramp 4.0' 4' 25' $6,295.37 8 Grind Rail, Kinked (Square) 2.0' 2" 14' $560.00 9 Stairs 4.0' 4' 11' $3,401.85 10 Extra Deck 4.0' 4' 12' $2,709.00 11 Stairs 4.0' 4' 11' $4,214.55 12 Extra Deck 4.0' 4' 12' $2,709.00 13 Planter (2' wide) 5.0' 2' 12' $3,517.04 14 Grindbox 2.0' 4' 8' $2,227.69 15 Grindbox, Radius 1.0' 4' 12' $2,530.49 16 Pyramid Section (Wedge) 2.0' 6' 18' $5.077.97 17 Wedge, Flat, Wedge 2.0' 4' 18' $3,269.73 18 Euro Gap 3.0' 4' 29' $6,874.48 19 Grind Rail, Kinked (Round) 1.5' 2" 10' $400.00 20 Wedge, Flat, Stair 3.0' 4' 26' $6,228.92 21 Grind Rail, Kinked (Square) 1.5' 2" 14' $560.00 22 Euro Gap 3.0' 4' 29' $6,559.48 23 Grind Rail (Square) 1.0' 2" 6' $240.00 24 Jump Box 3.0' 4' 27' $5,223.24 25 Planter (2' wide) 4.0' 2' 32' $9,378.77 26 Half Pipe 4.0' 4' 30' $7,305.77 27 Half Pipe 4.0' 4' 30' $7,305.77 28 Quarter Pipe 6.0' 4' 12' $3,478.80 29 Quarter Pipe 6.0' 4' 12' $3,478.80 Subtotal $113,323.62 Freight FREE Framework Enclosures $12,465.58 Supervised Installation $8,717.20 Sales Tax $11,769.31 TOTAL $146,275.72 Options and upgrades: • If your project is subject to prevailing wage, bonding requirements, or sales tax, call for revised quote. THANK YOU FOR CONSIDERING OUR PRODUCT! 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 sales @ americanrampcompany.com WWW.AMERICANRAMPCOMPANY.COM SKATEPARK ORDER FORM CHECKLIST • This page is a guideline and is provided to assist you in completing the required paperwork to process your skatepark order. • There is a Checklist Reference Guide located at the back of the packet that gives a brief explanation of each section to help assist you with questions you might have. • Please feel free to keep a completed and signed copy of the checklist for your records. Listed below is the information that needs to be completed and returned to ARC. Purchase Order or Signed Quote 2D View of Design # ❑ Indicate direction "North" on 2D with signature on 2D Verify Physical Pad Dimensions with signature on 2D Verify skatepark equipment with signature on 2D II II Skatepark Order Form (Return pages 1-5) ❑ Contact Info I1 Series Selection ❑ Delivery / Installation Please make certain that all documents are accurate and complete before signing and returning to ARC. Once this information is received by ARC, we will process the order and set a delivery date. Delivery dates are scheduled approximately 45-60 days from the date completed paperwork is received. 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 sales @ americanrampcompany.com W W W.AMERICANRAMPCOMPANY.COM SKATEPARK ORDER FORM Contact Information SKATEPARK CONTACT Skatepark Name: Kimball Park Skatepark Design #: 1923 Skatepark Installation Address: City: National City State: CA Zip: 91950 Skatepark Main Contact Name: Rudy Lopez Phone: 619-336-4560 Alt Phone: 619-818-8204 Fax: 619-336-4292 E-mail Address: rlopez@nationalcityca.gov BILLING CONTACT Name: Maryam Babaki Title: City Engineer Phone: 619-336-4383 Fax: 619-336-4397 Remit to Address: 1243 National City Blvd City: National City State: CA Zip: 91950 E-mail Address: mbabaki@nationalcityca.gov EQUIPMENT INSTALLATION CONTACT Name: Maryam Babaki Title: City Engineer Phone: 619-336-4383 Alt Phone: Fax: 619-336-4397 Address: 1243 National City Blvd City: National City State: CA Zip: 91950 E-mail Address: mbabaki@nationalcityca.gov 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 sales@americanrampcompany.com W W W.AMERICANRAMPCOMPANY.COM Series Selection Please check correct options below for the series you have ordered. a Riding Surface Color ARC MaxGrip Grey (Standard) b ❑ Other: Framework Color )one color for all components) Blue (Standard) (additional charges apply) e Additional sound dampening (with 10% upcharge) ❑ Yes IS. No a Riding Surface Color u Ramp Armor® -Tan (Standard) u Ram • Armor"- Black u Other: c Guard Railing System Galvanized Vertical 111 Baluster ❑ Other: a Riding Surface Color Ramp Armor"- Black LJ Ramp Armor -Tan Li Other: 0 ❑ Other: Framework Color Pone color for all components) Black (standard) (additional charges apply) (Please reference quote if unsure) Galvanized Vertical. Baluster, 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 saIes@americanrampcompany.com W W W.AMERICANRAMPCOMPANY.COM Delivery and Installation 1. Any Building Permits Required? IS No ❑ Yes If yes, obtained/filed: ❑ Yes ❑ No 2. Any Contractor's License(s) Required? 4-No ❑ Yes If yes, obtained/filed: ❑ Yes I_] No 3. Any Bond(s) Required? Jg No ❑ Yes If yes, what type(s): 4. Any applicable grants? No LI Yes If yes, list amount: $ Donor name: 5. Installation Type (Please select a, b, or c): a. ❑ Full Factory Installation i. ❑ Standard Wage ii. ❑ Prevailing Wage 1. LI A copy of the Prevailing Wage Schedule for your location is required b. X Supervised / Community Build Installation Labor will be provided by (check all that apply): i. LI City Employees ii. Li Community Volunteers 1. Li A copy of your Workers Comp insurance certificate is required c. Li Customer Installation 6. List any special delivery instructions: 7. Will a forklift be provided to unload equipment from truck? X'Yes - Load capacity: 3 00 Ibs ❑ No 8. Skatepark pad surface: Concrete ❑ Asphalt ❑ Other: 9. Is the pad ready for equipment placement? ❑ Yes t .No: it will be ready by 13 /;S/ oL5 * Please note accuracy of date is important for scheduling installation process 10. Skatepark pad dimensions are (choose one of the following): a. )4 As indicated on 2-D drawing b. K.Other - Please provide exact dimensions: I 0 0 1 x 100 11. Is the skatepark area fenced? a. 14 Yes- If yes, delivery onto pad will be accessible through (please choose one of the following): i. 'k. 10' wide opening or gate ii. ❑ Will Temporarily remove fence iii. ❑ Skatepark pad is not fenced on all four sides iv. [1 Other: b. ❑ No 12. The surface area between unloading point and the skatepark pad is(choose any that apply): a. 17 Lawn/Grass b. LI Paved concrete c. 14, Paved asphalt El Rock LI Bark Other: 13. Is your company planning to have a Grand Opening? Yes- Date: c _/ l3 / o Time: ❑ No 14. Any additional comments: For ARC Office use onh : ❑ PS ❑ PA ❑ GOP ❑ CRM ❑ REP 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 sales@americanrampcompany.com WWW.AMERICANRAMPCOMPANY.COM Forklift Disclaimer American Ramp Company and all their subcontractors and/or agents will endeavor to install your skatepark obstacles with a minimum of disruption to the area surrounding and including the skatepark; however, circumstances and conditions that are beyond our scope of work and out of our control are the responsibility of the owner and/or agent for the owner. There should be a clear area for the truck to be unloaded that is directly adjacent to the area in which the equipment is to be installed. Travel over concrete, asphalt, lawns or other plantings, American Ramp Company and all their subcontractors and/or agents will not be responsible for damage resulting from moving the equipment to be installed. Although concrete is the preferred skatepark surface, asphalt may be used. However, equipment used to transport and set the skatepark obstacles is heavy equipment, and as such may cause damage to the asphalt surface. Every precaution will be taken to prevent this but damage may occur under some conditions. In addition, due to the heavy weight of some equipment, settling into the asphalt may occur. The owner will not hold American Ramp Company or their subcontractors and agents responsible for the repairs should they be required. Any work not included in the original contract, including repairs to surface and surrounding areas shall be paid over and above the contract and/or agreed upon amount. We would like to suggest the following: 1. Area for unloading the truck should have ample space for a forklift to maneuver and be as close to the skate surface as possible. 2. The space between the unloading site and the skate surface should be minimal (less than 20') and clear of obstructions. 3. If the area between the unloading area and the skate surface consists of lawns or plantings, owner should provide protective matting in the traffic area. 4. If fencing, or other barrier protects skate surface, an opening at least 10' wide must be provided for equipment access. 5. If a section of fence/barrier needs to be removed to provide a 10' opening, the owner and/or owner's agent is responsible for the removal and replacement of said 10' section. 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 sales L americanrampcompany.com WWW.AMERICANRAMPCOMPANY.COM Payment Terms and Conditions Standard payment terms shall be Net 30. A 1 % discount on the final sale price of the skatepark may be applied if 100% full pre -payment is made at the time the Purchase Order is issued. A 1/2% discount on the final sale price of the skatepark may be applied if 50% pre -payment is made at the time the Purchase Order is issued. Your American Ramp Company purchase may be subject to sales tax(s) (other tax(s) may apply) as required by law. We charge sales tax on orders that are shipped to, delivered to or picked up in states where we are required to do so. Please provide your State Tax ID # . Freight and installation also may be subject to taxation. Please provide the following information where applicable: Tax for Sales: , Rate: B • 5 Tax for Freight: , Rate: Tax for Installation: , Rate: ' • "1-S % Tax for Other: , Rate: You may choose to pay all tax(s) directly. If you choose to do so, please initial here: . By doing so, you - the purchaser - are responsible for paying all related tax(s) regarding your ARC purchase directly to the appropriate agency(s). If you are a tax exempt entity, please provide your Federal Tax ID #: . Although we keep a record of proof of your tax exempt status, you must contact us regarding each tax-exempt purchase to receive the applicable tax credit. By signing below I verify and agree to all information provided in the preceding sections. I also verify that all information provided is correct and accurate. Signature: Name: Name of Company or City: Date Title: 601 McKinley Joplin, MO 64801 Toll -free 800-949-2024 Local 417-206-6816 Fax 417-206-6888 sales @ americanram pcompany.com WWW.AMERICANRAMPCOMPANY.COM Warranty Statement Pro Series • 20-near limited on all steel ramp components X Series • 20-year limited on all steel ramp components • 15-year on all substrate • Lifetime on stainless steel hardware • 5-year limited on Ramp Armor r"' Stealth Series • Lumber Manufacturer offers limited lifetime on lumber • 10-year limited on all ramps • 5-year limited on Ramp Armor t m Begins on the date of delivery or when the on -site work is complete, under the condition that the skatepark equipment has no defect in material and/or workmanship. Should purchaser believe American Ramp Company has failed to meet the terms of this warranty, they shall notify American Ramp Company, and American Ramp Company shall, at its sole discretion, repair or provide replacement parts. Installation of replacement parts are not covered under this warranty and freight is to be prepaid by purchaser. This warranty is exclusive and is in lieu of all other warranties, whether ex • ressed, im 'lied, or statutor . Exceptions to Warranty Repairs required by normal wear, neglect, abuse, accident, vandalism, use of products other than the intended purpose, and acts of nature or God are not warranted. The warranty does not cover any modifications, additions, or changes to the equipment unless approved in writing by American Ramp Company. American Ramp Company will in no way be held liable for any damages, problems, or injuries that occur as a result of an installation that is not factory installed or supervised by factory trained personnel. Disclaimer of Consequential Damages American Ramp Company shall not be held liable to purchaser, purchaser's customers, or other users of the product, or to anyone else for incidental, consequential or any other direct loss or damage or for lost profits or revenues of any kind, arising out of this agreement, whether in any action for or arising out of breach of contract, tort, fraud, or otherwise. Safety Purchasers are responsible for ordering equipment appropriate to the level of expected users. Equipment should be inspected regularly by purchaser to ensure that it is safe and in good repair. Should the purchaser neglect any suggested maintenance, this warranty is rendered invalid. Purchaser assumes all liability for site location and an and all •roblems resultin• from such •lacement noise, vandalism, traffic, etc. . Nothing contained herein shall be construed as extending or otherwise increasing or modifying the obligation of any surety of American Ramp Company, other than the one-year guarantee as to materials and workmanship provided by this surety with respect to any claim by purchaser for defective work or materials under applicable law. Surety's obligation shall be limited to that set forth in its agreement and Arnerican Ramp Company and applicable law. Nothing contained herein shall be construed as establishing a contractual or other relationship between surety and purchaser. Purchaser: Representative:._.__. American Ramp Company Representative: Witness: Date: __ Warranty Statement Pro Series 20 year limited on all steel ramp components Begins on the date of delivery or when the on -site work is complete, under the condition that the skatepark equipment has no defect in material and/or workmanship. Should purchaser believe American Ramp Company has failed to meet the terms of this warranty, they shall notify American Ramp Company, and American Ramp Company shall, at its sole discretion, repair or provide replacement parts. Installation of replacement parts are not covered under this warranty and freight is to be prepaid by purchaser. This warranty is exclusive and is in lieu of all other warranties, whether ex • ressed, im • lied, or statutor . Exceptions to Warranty Repairs required by normal wear, neglect, abuse, accident, vandalism, use of products other than the intended purpose, and acts of nature or God are not warrantied. The warranty does not cover any modifications, additions, or changes to the equipment unless approved in writing by American Ramp Company. American Ramp Company will in no way be held liable for any damages, problems, or injuries that occur as a result of an installation that is not factory installed or su.ervised b factor trained •ersonnel. Disclaimer of Consequential Damages American Ramp Company shall not be held liable to purchaser, purchaser's customers, or other users of the product, or to anyone else for incidental, consequential or any other direct loss or damage or for lost profits or revenues of any kind, arising out of this agreement, whether in any action for or arising out of breach of contract, tort, fraud, or otherwise. Safety Purchasers are responsible for ordering equipment appropriate to the level of expected users. Equipment should be inspected regularly by purchaser to ensure that it is safe and in good repair. Should the purchaser neglect any suggested maintenance, this warranty is rendered invalid. Purchaser assumes all liability for site location and any and all problems resulting from such •lacement (noise, vandalism, traffic, etc.). City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 25 ITEM TITLE Warrant Register for the period of 06/27/08 through 07/17/08 in the amount of $950,726.06 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 Sweetwater Authority 18134 $75,358.00 Installation of water facilities to serve Marina Gateway Hotel City of National City 18136 $66,164.00 Reimbursement of CDBG Expenses- 05/2008 Various Section 8 owners various $665,848.56 Section 8 Housing Assistance Payments See attached report. Environmental Review ✓ N/A Approved by: Financial Statement J nette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $950,726.06 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 06/27/08 THROUGH 07/17/08 A-200 (9/80) F(,,. A1EETING OF AUGUST 5, 2008 Pa',ee FOR MEETING OF AUGUST 5, 2008 WARRANT REGISTER FOR PERIOD: 06/27 - 07/17/08 Description Chk No Amount REDEVELOPMENT FUND COMMUNITY YOUTH ATHELTIC CENTER FEDEX AI.FREIX) YRARRA CORPORATE EXPRESS INC C'RO('KETI & ASSOCIATES, LTD. ECONOMIC & PLANNING SYSTEM ESSENTIA MANAGEMENT SERVICES FEDEX GEOSYNTEC CONSULTANTS INFRASTRUCTIIRE ENGINEERING JEFF KATZ ARCHITECTURE NATIONAL. CONS1 RUCTION RENTALS SAN DIEGO DAILY TRANSCRIPT SAN DIE.GO REGIONAL ECONOMIC SWEFF VA (ER AUTHORITY WEST FLEX INDUSTRIAL CITY OF NATIONAL CITY COUNTY OF SAN DIFGO EMERSON:S SCHOOL OF IIARRIS & ASSOCIATES LASER SAVER. INC. LAW OFFICE OF DON DETISCH MAZ.ZARLLLA ('ALDARELLI OPPER & VARCO L LP PAI RI(IA BEARD PAUI. DESRO(HERS UPRA INC EMPLOYMENT DEVELOPMENT DEPT -DOII3ARRA .EGO GAS & ELECTRIC THr BANK OF NEW YORK THE BANK OF NEW YORK VERIZON W1RELESS VERONICA TAM & ASSOCIATES SONIA CARAVANTES NENIIA DELA (RUZ GLORIA FERNANI)FZ DORA GALI.EGOS HERMIF OLIVERIA SECTION 8 HOUSING ASSISTANCE PAYMENTS \'ERIZON WIRELESS REIMBURSEMENT FOR MAY 2008 COURIER SERVICES HOUSING CONSULTANT - 06/16 - 6/30/08 REDEVELOPMENT OFFICE SUPPLIES PROFESSIONAL SERVICES - EMINENT DOMIAN HARBOR DIST IND. PARK FEASIBILITY PROFESSIONAL SERVICES - EPA GRANT COURIER SERVICES PROFESSIONAL SERVICES - FD VILLAGE 1.IBRARY REMODEL LIBRARY REMODEL RENTALS - 922 W 23RD STREET ADVERTISING/MARKETENG MEMBERSHIP RENEWAL INSTALLATION OF WATER FACILITIES'10 SERVCE MARINA GATEWAY HOTEL. COMMUNFIY BENEFIT LOAN REIMBURSEMENT OF CDBG EXPENSES - MAY 2008 ENTITLEMENT PER COMMUNITY REDEVELOPMENT COMMUNITY BENEFIT LOAN PROFESSIONAL. SERVICES - 8111 STREET TRAFFIC ENGINEERING OFFICE SUPPLIES - TONER PROFESSIONAL SERVICES - MAICHINSKI PROFESSIONAI. SERVICES - ARE HOLDINGS PROFESSIONAL SERVICES - PACIFIC STEEL REIMBURSEMENT OF EXPENSES INCURRED - KIMBALL HOUSE RETIREMENT BENEFIT -111NE 2008 ENVIRONMENTAL SERVICES - EPA REIMBURSEMENT EDI) BENEFIT FOR A NAZARENO REIMBURSEMENT - LEAD CERTIFICATE TRAINING UTILFFIES - 2300 CLEVELAND AVE ADMINISTRATIVE FEES NC TAX ALLOCATION RONI)S • ADMINISTRA'FIVF & PURCHASE FEES CELLULAR CHARGES TECI(NICAL ASSISTANCE - IDIS SET UP REFUND - OVERPAYMENT ON VOLUNTARY LIFE. INSURANCE. REFUND - OVERPAYMENT ON VOLUNTARY LIFE INSURANCE. REFUND - OVERPAYMENT ON VOLUNTARY LIFE INSURANCE REFUND - OVERPAYMENT ON VOLUNTARY LIFE INSURANCE REFUND - OVERPAYMENT ON VOLUNTARY LIFT INSURANCE. SUBTOTAL - REDEVELOPMENT MANIIAL PAYMENTS CELLULAR CHARGES SUBTOTAL - SECTION 8 18120 18121 18122 18123 18124 18125 18126 18127 18128 18129 18130 18131 18132 18133 18134 18135 18136 18137 18138 18139 18140 18141 18142 18143 18144 18145 18146 18147 18148 18149 18150 18151 18152 18153 18154 18155 18156 18157 18158 4,16667 23 81 3,000.00 18941 2,725.00 25,495 44 2,98975 57 14 98.62 6.966.00 6.337 00 34 56 3.500 00 5,00(100 75.358 00 3,414.73 66,164 00 38.624 00 14,988.65 4,560 00 402 16 1,655.84 48 69 3.730 05 55.93 I1000 3.338 46 5,084.15 1,315.24 15591 2,014 00 1,590.00 653.91 551 25 1575 9560 48.00 21.8(1 83.80 S 284,663.32 various S 665.848 56 10474 214.18 S 666,062.74 TOTAL OF ALL FUNDS: S 950,726.06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 26 ITEM TITLE Investment Report for quarter ended June 30, 2008 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended June 30, 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended June 30, 2008 L A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: ➢ Type of investment or description, > Issuers (bank or institution), > Dollar amount, > Interest rate, ➢ Current market valuation as of the date of the report, > And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Most funds have remained in LAIF to meet staffs cash flow objectives. Large sums of money must remain liquid to ensure that staff does not miss opportunities to purchase land or property within the project area. For the quarter ended June 30, 2008, LAIF's return was 2.894%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 18% of the CDC's portfolio. Federal Agency Securities account for 3% of the investment portfolio. The average rate of return is 4.83% The CDC has 4% invested in Negotiable Certificates of Deposit. The average rate of return is 3.64%. The average monthly expenditures of the CDC is $1,728,604.00 To ensure compliance with Govemment Code Section 53646, the CDC must have $10,371,624.00 available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2008 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF Federal Agency Securities Deutsche Bank Cash Negotiable CD's Totals for June 2008 Totals for March 2008 Portfolio increase from prior quarter 0.01% Deutsche Bank 17.67% Federal Agency Securities 2.76% 16,412,418.39 600,000.00 3,839,946.37 2,695.18 873,000.00 16,411,601.36 602,376.00 3,839,946.37 2,695.18 871,058.86 75.54% 2.76% 17.67% 0.01% 4.02% 21,728,059.94 21,727,677.77 100.00% 18,974,328.66 2,753,731.28 Cash Negotiable CD's 4.02% LAIF 75.54% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 16,415,113.57 0.00 778,000.00 4,534,946.37 75.55% 0.00°%° 3.58% 20.87% 21,728,059.94 100.00% Community Development Commission of National City Finance Department COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF JUNE 30, 2008 LA1F LOCAL AGENCY INVESTMENT FUND S 16,412,418.39 $ 16,411,601 36 $ 126,986.06 $ (817.03) SUBTOTAL LAIF S 16,412,418.39 S 16,411,601.36 S 126,986.06 S (817.03) 75.54% CD AMERICAN NATIONAL BANK 99,000.00 98,932 68 301 13 (67 32) 01/16/09 3 650% 99 932% CD BANK OF OKLAHOMA 95,000 00 94,448 05 253 33 (551 95) 04/16/09 3 200% 99 419% CD BRIDGEVIEW B&T CO 97,000.00 96,865 17 311 21 (134 83) 05/05/09 3.850% 99 861 CD COMMUNITY BANK OF RAVENSWOOD 97,000.00 96,666 32 282.92 (333.68) 04/14/09 3 500% 99.656% CD EVERBANK 97,00000 96,84092 30717 (15908) 04/30/09 3 800% 99 836% CD FIRST INTERNET BK OF IN 95,000 00 94,761 55 328 54 (238 45) 01/28/10 4 150°/o 99 749% MILLENNIUM BANK, NA 99,000 00 98,949 51 297 00 (50 49) 11/07/08 3 600% 99 949% CD PEACHTREE NATL BANK 95.000 00 94,892 65 269 17 (107 35) 10/31/08 3 400% 99 887% CD SOVEREIGN BANK 99,000 00 98,702 01 301 13 (297 99) 05/05/09 3 650% 99 699% Cash Account Balance 2,695.18 2,695 18 SUBTOTAL CD - CDC S 875,695.18 S 873,754.04 S 2,651.58 S (1,941.14) 4.03'/e Page 1 of 2 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF JUNE 30, 2008 AGENCY FEDERAL FARM CR 08/27/12 AGENCY FNMA 02/25/I 1 5.650% 4 000% 500,000 00 100,000 00 502,345 00 100 469% 100,031 00 100031% 2,354 17 333 33 2,345.00 3100 SUBTOTAL FEDERAL AGENCY SECURITIES - CDC S 600,000.00 S 602,376.00 S 2,687.50 $ 2,376.00 2.76% DEUTSCHE BANK 2004 TAB REDEVELOPMENT FUND $ 1,421,835.97 $ 1,421,835.97 $ INVESTMENT TREASURY MONEY FUND 2005A TAB RESERVE ACCOUNT 2,372,535 16 2,372,535 16 UBS FINANCE 100.003% 1.00 2005A TAB RESERVE ACCOUNT 28,535 16 28,535 16 INVESTMENT TREASURY MONEY FUND 1 00 2005A TAB COST OF ISSUANCE FUND 2,356 08 2,356 08 INVESTMENT TREASURY MONEY FUND 1 00 2005B TAB RESERVE ACCOUNT 9,717 46 9,717 46 INVESTMENT TREASURY MONEY FUND 1 00 2005B TAB COST OF ISSUANCE FUND 4,966 54 4,966 54 INVESTMENT TREASURY MONEY FUND 1 00 SUBTOTAL WITH CASH FISCAL AGENT S 3,839,946.37 S 3,839,946.37 S - S 17.67% GRAND TOTAL S 21,728,059.94 S 21,727,677.77 S 132,325.14 S (382.17) 100.00% Page 2 of 2 ITEM #27 8/5/08 DISCUSSION REGARDING HIGHLAND AVENUE PLANTERS (COUNCIL INITIATED) Hi hland Avenue Planters - Inventory Count Alin ,-• 111.1611641010 lM010— •wwie`11M1r i1iM. 1 Needs tree pus one more -treeless 2945 Moll Gas Station 1 ce1619-933-5048 1 Needs a tree (mow back) 2907 Audio City 1 Moe Ferns, kingfarhaayahoo.com, palmtree? 1 Needs b nave south -No Tree 2704 Maple Cottage Furniture 1 1 Dry Tree 2831 Barber Shop 1 1 Leon Tree; 4 h graffiti 2629 Rodriguez Appllano. ? 1 Must mow next to phone -healthy tres 2440 Fiber -World Products 1 2 R«tawd lrseM. 2336 Moo 7 1 Mow b comer of entrance -Deed Tree 2333 Popeys's 1 Steam dean side walk 2 Needs 1 tree-.hsahtlq trees 2316 El Juan 2 819-477-0174 1 Must be moved back -Arvid 2306 Wald Wide Soccer 7 1 Muet be moved back-vbrant _ 2304 DwidNons ? 20 . �.4 11 2 ok-vibrant (wader) 2200 CA Burled Chapel 2 1 Must move tree to comer 2301 Fred Hoye Insurance Clean weeds from side walk 1 Dead Tres: blocking sidewalk 2235 Econo Furniture 1 healthy tree; bloddng sidewalk -Mow down rod to grass 2211 Perfect Shape 2 1 healthy; bbcking sidewalk -Remove 2207 Abandon 2 _ 21/1 ealligtiOle 1 1 Welty, with flowers -Remove HI Beau Liquor 1 empty; blocking sidewalk -Remove 2010 Family Dentistry 1 see addl Info on ad spsadehset 1 heathy; blocking sidewik-Remove 1940 Tacos B Gado 1 Needs one more tree —fair( move back) 1903 Imperial Fish Market 1 wants 2 more; Shawn Toma 347-8999 1 Needs one more bee -Empty (move back) 1837 MI Tierra 1 Smal Tree -Mow North by paper rack 1825 Wiener schnitzel 1 2 dry tall tress 1840 AB & A 2 2 Phut one bee -ens Is dry; the other lea trash can 1810 Napa Aub Parts 2 one tree; used as trash cans 1803 Highland Service Gas Station at 18th St. 2 Paul Poles 474-0198; replace both 4 Remove-3 are empty and all ere dying 1745 Jack In The Box 3 1 healthy- Remove two 1705 Karina's 478.8648; 571-9056 cal 1 Empty -move closer to curb; needs one tree 1519 George's 1 477-9389 2 1 aide; 21.d empty -Remove both 1830 Mc Doralds 1 deed bee La Tequila 1 Take palm tree out and move planter to Donut shop Kids Outlet 2 one is healthy; the other is dead 1548 Plaza Donuts 2 wants 2 more; Keith Jones 4774888 1 heNhy 1542 Flower Shop 1 Malty -Remove 1442 Macao Travel 1 healthy -move planter to parking lot 1441 La Maze 1 1 1436 Dr. Rodolfo Piazo 1 2 Monty 1428 Manito Needs 3 bees 1209 Blot Shop and pinta 1 empty 1427 Apartments Mow bad( towards building 1428 MurMlo _ 1 healthy -Remove both 1401 VFW 2 wants plant food? 2 Remove a1-empty; Needs 4 tress 1300 Car Quest 1 1 empty -Needs truss 1243 Eagle Training Company 1 small plant; healthy -Needs Tree 1231 Kickboxing Suppy Tee 1 1 dying; has graRltl-Needs tree 1225 T&T Nails 1 2 Needs two Trees -fair 905 Daniel duos 4 1 Remove -fair 910 Brake Depot 2 dead -Remove both 815 Burger IOng 1 Remove -fair 820 Express Tin 2 drugging; with trash Nome Fun di re 2 1 is empty; the ether is sliNeeds 2 trees _ Valero Gas Mallon . 2 empty -Remove both 7...11 1 pain M 637 AperbMrMs 3 fair-0k 817 Funeral Nome 1 fair Ogreish Piers 2 fair PepNo'e Cafe (Privies Property) 1 amply -Needs tress 543 Los Arcs 1 fair -Heads Tree 539 Ague Pis$osds 1 Mow towards tree. 522 Martha tamales... veal and mime one 1 fair (ak); surrounded by weeds; boding the sidewalk 423 Murguies Tuxedo Mow forward b Avenue 1 empty -Remove 520 San Juen's Sweets More 1 fair -Remove 422 Rodeos Market 1 fair bioddne sidewalk -Move to 404 Smog Center . 1 empty -Needs one tree 338 KIR 2 fair 330 MPI real Estee 1 dead; no Maws -Replace one tree Executive Redly 2 fairok 318 La Espies De Oro Bakery 2 fair -Needs two frees 309 Elba Rest Bar 2 fair-ok 306 La Sierra Cali 2 fair, dny-ok 234 Dry Cleaner 2 fair 228 La Caw Liquor _ 1 fair 217 Go 4 Valve 1 fair 215 1 fair 213 1 fair 209 1 fair -Needs dtrt 205 J & J App8cence Store Gibran Moss 619-581-4381 Wants planter, MI plant trees