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Home My WebLink About2008 09-16 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — September 16, 2008 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII 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 COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/16/08- Page 2 CITY COUNCIL PROCLAMATION 1. Proclamation of the City of National city proclaiming the month of September 2008 as: "NATIONAL PREPAREDNESS MONTH" PRESENTATIONS 2. Employee of the Month - September 2008 — Michael Mejia - Firefighter 3. Recognizing Twenty -Five Years of Service — Miguel A Diaz, Parks Superintendent CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of the • Regular City Council/Community Development Commission Meeting of August 19, 2008. (City Clerk) 5. Resolution of the City Council of the City of National City approving Amendment Number One to the original contract agreement (Resolution No. 2008-96) between the City of National City and City of Chula Vista for an additional amount of $275,000 (not -to -exceed) to provide additional construction engineering, management, and inspection services for the National City's major active projects and authorizing the Mayor to execute the Amendment to Agreement. (Funding will be through TransNet, Traffic Congestion Relief, Tax Increment Dollars and General Funds) (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/16/08- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City ratifying the Change Order Nos. 3, 16, 17, 18, and 24 in the amount of $65,644.63 with M.A. Stevens Construction for the National City former Library Remodel Project and allocating funds in the not -to -exceed amount of $275,000 for additional work to complete the project. (Funding will be through Tax Increment Funds) (Engineering) 7. Resolution of the City Council of the City of National City authorizing the National City Fire Department to accept two projection televisions donated by Sony Corporation for firefighting efforts. (Fire) 8. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement for fire protection and emergency medical services for the Lower Sweetwater Fire Protection District for at least $170,540.44 per year. (Fire) 9. Resolution of the City Council of the City of National City opposing Proposition "A" on the November 2008 ballot, the County of San Diego initiative measure that would impose a county -wide parcel tax for regional and local fire protection. (City Attorney) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for grant funds in the amount of $100,000 from the County of San Diego for the completion of the soccer project at Kimball Park. (Community Services) 11. Resolution of the City Council of the City of National City memorializing the appropriation of $339,000 to supplement existing funding from Parks and Recreational Capital Outlay Fund for completion of the soccer project at Kimball Park for a project total of $621,044.15. (Community Services) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the amount of $44,887 with Granicus Inc. to provide managed services with unlimited bandwidth for video livecasts of City Council meetings. (MIS) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/16/08- Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City approving an additional appropriation of $150,000 from the Fiscal Year 2007-2008 General Fund Undesignated Fund Balance for the Building and Safety Department's staff and consultant services expenditures. (Community Development) 14. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of low -emission construction equipment to replace our non conforming diesel equipment. This purchase must be sole source from a state approved vendor at the total cost of $496,769 with $394,650 paid by a reimbursable grant from the California Air Resources Board. The City will need to provide matching funds totaling $102,119. (Public Works) 15. Resolution of the City Council of the City of National City adopting the Budget for the 2008-2009 Fiscal Year. (Finance) **Continued from Council meeting of 9-2-08** 16. WARRANT REGISTER #8 (Finance) Warrant Register #8 for the period of 08/13/08 through 08/19/08 in the amount of $1,307,468.37. (Finance) 17. WARRANT REGISTER #9 (Finance) Warrant Register #9 for the period of 08/20/08 through 08/26/08 in the amount of $1,598.941.75. (Finance) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City establishing City Council Policy No. 805 pertaining to facility use guidelines and regulations for use of the Kimball Senior Center, Casa Del Salud, and Recreation Centers. (Community Services) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/16/08- Page 5 NON CONSENT RESOLUTIONS (Cont.) 19. Resolution of the City Council of the City of National City revising City Council Policy No. 803 pertaining to facility use guidelines and regulations for the use of the Martin Luther King Jr. Community Center and Granger Hall. (Community Services) NEW BUSINESS 20. Temporary Use Permit — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's Church on October 5, 2008 at the parish grounds located on 8th & E. from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services) 21. Temporary Use Permit — National City Public Safety Fair hosted by the Police, Fire, and Community Services Department on October 11, 2008 from 10 a.m. to 2 p.m. at Kimball Park. (Neighborhood Services) 22. Temporary Use Permit — Dia de la Mujer Latina Festival hosted by San Diego MANA on October 25, 2008 from 11 a.m. to 4 p.m. at Kimball Park with no waiver of fees. (Neighborhood Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 23. Warrant Register for the period of 08/15/08 through 08/28/08 in the amount of $132,981.01. (Community Development Commission/Finance) 24. Resolution of the Community Development Commission of the City of National City (CDC) adopting the Budget for the 2008-2009 Fiscal Year. (Finance) **Continued from Council meeting of 9-2-08** CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/16/08- Page 6 NON CONSENT RESOLUTION 25. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Executive Director to negotiate and enter into an Agreement for $120,000 with the National City Chamber of Commerce (NCCC) to administer the City's Economic Development Programs for $50,000 and up to $70,000 to retire the building debt on the National City Chamber of Commerce Office Building. (Community Development) NEW BUSINESS STAFF REPORTS 26. Update Council on the City of National City's Capital Improvement Program (CIP) project selection criteria. (Engineering) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — October 7, 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 ITEM #1 9/16/08 CITY OF NATIONAL CITY WHEREAS; San Diego County residents have experienced the effects of various disasters including severe winter storms, extreme summer heat, and devastating wild land fires, resulting in loss of life and damages costing hundreds of millions of dollars; and 'WHEREAS; Southern California is cuITently experiencing prolonged, record breaking drought and extreme fire conditions that highlight the importance of disaster preparedness, both at the individual and institutional levels; and WHEREAS; the United States and the world continues to experience devastation from both natural and man made disasters: and WHEREAS; the loss of life and damage to property can be greatly reduced if appropriate emergency preparedness measures arc taken before, during and after a major emergency: THEREFORE. as Mayor & City Council, by virtue of the authority vested in us by the City of National (:'ity, do hereby proclaim the month of September 2008 as: NATIONAL PREPAREDNESS MONTH We call upon all citizens of National City to learn how to protect themselves, their families, and neighbors in an emergency situation. Ron Morrison Mayor Frank Parra ice Mayor - Fideles Ungah Councilmember Rosalie C; Councilor( RECEIVED AUG 2 7 2008 City of National City Human Resources Department 140 East 12t° Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM August 25, 2008 TO Chris Zapata, Cit anager FROM Stacey Stevens , an Resources Director SUBJECT EMPLOYE F THE MONTH PROGRAM ITEM #2 9/16/08 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 September 2008 is Michael Mejia — Firefighter By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 16, 2008 to be recognized for his achievement and service. Attachment cc: Mike Mejia Chief Juniel Battalion Chief Hollis Captain Miner Councilmember Natividad Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) d3 Recycled Paper To: Chief Juniel From: Awards Committee 8-13-08 The awards committee has reviewed the nominee's for the City's Performance Recognition Award for September; 2008. The following narrative was submitted to the awards committee for consideration. We would like to recognize Firefighter Michael Mejia for his contributions to numerous community events he has been involved in over the past year and more. For instance Mike spent his day off on August 5th tailoring the Barbeque to the Las Palmas Park -Pool to cook 400 hamburgers and 400 hotdogs to the good citizens of National City on "National Night Out" to fight crime. He was there most of the day and into the night with the trailer with little help from anyone. Mike has done this numerous times marshalling the trailer to various community events then bringing it back to the station. Only Mike knows how many different places and events he has been involved with but there are many times he did help the community in this way, with little or no help. Mike Mejia has shown what is best in him as a person and as a member of the National City Fire Department. He has demonstrated the caring and the giving that is in the greatest tradition of giving from the firefighters of the National City Fire Department. Thank you. The National City Fire Department Awards Committee RECEIVED AUG 2 0 2008 City of National City Human Resources Department 140 East 12th Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM DATE August 19, 2008 ITEM #3 9/16/08 TO : Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Confidential Assistant (Mayor/Council Office) FROM Lilia Munoz, HR Technician l SUBJECT : ANNIVERSARY RECOGNITION The following City employee will be completing his twenty-five years of service with the City of National City on September 1, 2008: NAME : Miguel A. Diaz POSITION : Parks Superintendent HIRED : September 1, 1983 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, September 16, 2008. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to Human Resources and the employee concerned. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. xc: Miguel Diaz, Parks Superintendent Joe Smith, Director of Public Works RECOGPRG.DOC-11 Recycled Paper ITEM #4 9/16/08 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of August 19, 2008 (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 16, 2008 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of National City approving Amendment Number One to the original contract agreement (Resolution No. 2008-96) between the City of National City and City of Chula Vista for an additional amount of S275,000 (not -to -exceed) to provide additional construction engineering, management, and inspection services for the National City's major active projects and authorizing the Mayor to execute the Amendment to Agreement (Funding will be through TransNet, Traffic Congestion Relief, Tax Increment Dollars, and General Funds.) PREPARED BY DinEXT. 4387 Daneshfar DEPARTMENT Engineering EXPLANATION On June 3, 2008 a contract agreement was executed between the City of National City and City of Chula Vista to provide construction engineering, management, and inspection services for the City's major projects. Based upon the anticipated work schedule for the remainder of the active Capital Improvement Projects it is recommended that this resolution be approved to expand the number of personnel hours in the original contract agreement with Chula Vista. The reason for additional staff hours is that most of the projects will be under construction at the same time to meet certain deadlines. Additional staff/staff hours will be required to cover all of the construction sites simultaneously. The total estimated cost for this change would be $275,000. Attached are the details of the additional scope of services (Exhibit "A") for further explanation. With the proposed expansion of scope of services, the total "not to exceed" amount of the contract will increase from $200,000 to a new "not to exceed" amount of $475,000. J Environmental Review X N/A MIS Approval Financial Statement Approved By: The total estimated amount for the additional services is $275,000. The funds will be available in the Finance Director Account Nos. 307-409-500-598-6035 (S134,560), 345-409-500-598-6035 (S16,200), 001-409-500-598-4127 ($29,575), 511-409-500-598-6157 (72,415), Tax Allocation Fund (Old Library Remodel) (S10,000), and CDC Account No. 900847 (S12,250). Account No. STAFF RECOMMEN ' ATION Adopt the Resolution. BOARD / COMMISSION RECO /, M ION N/A ATTACHMENTS (Listed Below) . Resolution Lz. Amendment Number One To Agreement Resolution No. A-200 (Rev 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. ONE TO AGREEMENT WITH THE CITY OF CHULA VISTA THE AMOUNT OF $275,000 TO PROVIDE ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES TO THE NATIONAL CITY ENGINEERING DEPARTMENT FOR MAJOR NATIONAL CITY PROJECTS WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-96, approving an agreement with the City of Chula Vista in the amount of $200,000 to provide construction, engineering, management, and inspection services to the Engineering Department for major National City projects; and WHEREAS, because most of the Engineering Department's major projects will be under construction at the same time, additional construction, engineering, management, and inspection services are required to meet the deadline for each project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to Agreement with the City of Chula Vista to provide construction, engineering, management, and inspection services to the National City Engineering Department for major National City projects. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT NUMBER ONE TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF NATIONAL CITY AND CITY OF CHULA VISTA This Amendment Number One to the Agreement for Professional Services Between the City of National City and City of Chula Vista ("Amendment") is entered into this 16th day of September 2008, by and between the City of National City, a municipal corporation ("CITY"), and the City of Chula Vista (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on June 3, 2008, entitled Agreement for Professional Services between the City of National City and City of Chula Vista ("Original Agreement"), wherein the CONTRACTOR agreed to provide construction engineering, management, and inspection services for the CITY'S major active projects. B. The Original Agreement provides that CITY may increase the Scope of Services to be performed by CONTRACTOR. C. The CITY now seeks to increase the Scope of Services by increasing the number of staff/staff hours to provide additional construction engineering, management, and inspection services for the National City major active projects, and CONTRACTOR seeks to perform this increased work. D. The CITY and CONTRACTOR have negotiated and agreed upon the additional compensation associated with this increased work. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. This Amendment specifies additional work to be performed by CONTRACTOR for CITY at specified hourly rates, which is detailed in Exhibit "A", attached hereto and incorporated herein by reference. 2. This Amendment authorizes the payment of an amount not to exceed $275,000 for this additional work, increasing the not to exceed amount in Section 6 of the Original Agreement from TWO -HUNDRED THOUSAND DOLLARS ($200,000) to FOUR -HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($475,000) for all services, including the additional services that are the subject of this Amendment. 3. The parties agree that with the foregoing exception, each and every term and provision of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. CITY OF NATIONAL CITY CITY OF CHULA VISTA By: By: Ron Morrison, Mayor David Garcia, City Manager APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 By: R.A. Hopkins, City Engineer Amendment No. One to Agreement Between National City and Chula Vista City of National City 1243 National City Blvd. National City, CA 91950 Attn: Ms. Maryarn Babaki CITY OF CHUIA VISTA DEPARTMENT Of ENGINEERING EXHIBIT "A" September 9, 2008 File No. NC-0804 PROJECT_ PROPOSALS FOR NATIONAL CITY, PAVEMENT RESURFACING, LIBRARY REMODEL, AND OTHER RELEVANT PROJECTS SUBJECT: AMENDMENT NUMBER t TO AGREEMENT Based upon the anticipated work schedule for the remainder of Phase 2 construction (60 working days), construction duration for Phase 3 construction (40 working days), construction duration for Library Remodel project (30 working days), and anticipated staffing requirements for the Building Demolition Project as well as other relevant projects, our proposal is the following: TASK TITLE ,. •PERSONNEL HOURS HOURLY RATE TOTAL COST Inspection Services Sr. Public Works Carlos Melendez 540 $ 121.00 $65,340.00 2) Inspector _ _ _ _ _(Phase _ Inspection Services t (Phase 2) _ _ Associate Engineer BenJuan 540 $121.00 165,340-00 Inspection Services Associate Civil Patrick Moneda 540 $128.00 $69,120.00 (Phase 2) Engineer — ------ --— - -- --- —__________ _ __ _ Inspection Services .-.....---___ Senior Public ----- Mike Schedine 360 $121.00 $43,560.00 (Phase 3) Works Inspector Construction Management (Phase 2 and Phase 3), Sr. Civil it Engineer left Moneda 400 S140.00 $56,000.00 Project Management (Building Demolition Project) Sr. Building Project Management Projects Gordon Day 120 $ 126.00 115,120.00 Supervisor PROPOSAL TOTAL $314,480.00 It should be noted that the (tours shown above are based on the anticipated schedule from August 18, 2008 to construction completion. The proposal breakdown shown above is based on the anticipated construction schedule for the remainder of Phase 2, the construction duration shown in the specifications for Phase 3 Highland Avenue, and the anticipated construction schedule for the Library Remodel and Building Demolition 276 FOURTH AVENUE / (:IIUiA VISTA, CALIFORNIA 91910-2631 / 46191 691 :,021 �, ro., <w•�T<. ■m<ke rate. CITY OF NATIONAL CITY - 2 September 9, 2008 projects. If the project requires project management/inspection services beyond the work hours assumed for this estimate or if services are needed beyond the estimate shown above, staff costs will increase accordingly. Invoicing shall be based on 0.10 hour increments. Should the projects require City of Chula Vista services beyond the scope outlined above, we will proceed on a time and material basis based on our agreement with the City of National City and at the direction of the City of National City's City Engineer. It should be noted that our agreement with the City of National City authorizes an aggregate payment amount not to exceed $200,000.00 for engineering, construction management, and project management services. The authorization of this scope of work for $314,480.00, in addition to the previous invoices for June and July 2008 totaling $83,417.50, would increase the aggregate total payment amount to $397,897.50 for all aforementioned projects. Total Contract In addition to the above scope of work, it was mutually agreed that an additional $50,000 in Building Project Manager (Gordon Day) services would be needed for Park Phases 1, 2, and 3, the Police Department and Former Library Remodel projects. Additional work has also been assigned to Mr. Day. We conservatively estimate that the total cost of services to be provided by Mr. Day may approach $75,000. Therefore, we recommend that the contract's "not -to -exceed" authorization be increased to $475,000 at this time. This would result in an amendment amount of $275,000. An exhibit is attached showing staff costs per project. Should you have any questions, please do not hesitate to contact me. RICHARD A.-HOPKINS, P.E. CITY OF CHULA VISTA DIRECTOR OF ENGINEERING c: Iracsema Quilantan, Assistant Director of Engineering Merceditas LeClair, Engineering Jeff Moneda, Senior Civil Engineer Gordon Day, Building Project Manager M:\General Services\DesignWational City\Proposals\Phase 2 & Phase 3 & Library Proposal Letter Revised Sept 2008.DOC CITY OF CHULA VISTA NATION~ iTY EXHIBIT Project Staff Costs to Date (7/31/08) Anticipated Staff Costs Total Project Cost Phase 1 Slurry Seal (07-03) $18,560 $7,640 $26,200 Phase 2 Resurfacing (08-04) $74,560 $205,000 $279,560 Phase 3 Highland Avenue (08-08) $2,775 $69,640 $72,415 Miscellaneous Bldgs and Parks $8,575 $76,000 $84,575 Building Demolition Project (08-02) $1,050 $11,200 $12,250 Total Project Staff Cost $475,000 Approved Amount Per Current Agreement $200,000 Requested Amendment Amount Per New Agreement $275,000 Financial Breakdown of Requested Amendment Amount $275,000 Project Original Scope Staff Costs Increase in Scope of Work Staff Costs Total Project Cost Phase 1 Slurry Seal (07-03) $10,000 $16,200 $26,200 Phase 2 Resurfacing (08-04) $145,000 $134,560 . $279,560 Phase 3 Highland Avenue (08-08) New Project $0 $72,415 $72,415 Miscellaneous Bldgs and Parks $45,000 $39,575 $84,575 Building Demolition Project (08-02) New Project $0 $12,250 $12,250 Total $200,000 $275,000 $475,000 City of National City, California COUNCIL AGENDA STATEMENT .IEETING DATE September 16, 2008 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of National City ratifying the Change Order Nos. 3, 16, 17, 18, and 24 in the amount of $65,644.63 with M.A. Stevens Construction for the National City former Library Remodel Project and allocating additional funds in the not -to -exceed amount of $275,000 for additional work to complete the project (Funding will be through Tax Increment Funds.) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval J Financial Statement Approved By: Finance Director The total estimated amount that needs to be allocated for the expected change orders is $275,000. Funding will be available through Tax Increment Funds, Account No. 511-409-500-598-3734. Account No. STAFF RECOMMENDATION Adopt the ResolutioAun BOARD / COMMISSION RECOMMEDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 12. List of Processed Change Orders (Exhibit "A") (3. List of Anticipated Change Orders (Exhibit "B") Resolution No. A-200 (Rev. 7/03) EXPLANATION: Introduction/Background On January March 4, 2008 a contract was awarded to M.A. Stevens Construction, Inc. to remodel the National City former Library. The project consists of general interior improvements to create office, storage and rehearsal spaces, workshop reading rooms and museum. The work included interior demolition, wall construction, finishes, Heating, Ventilating and Air Conditioning (HVAC), mechanical, electrical, and American with Disabilities Act (ADA) compliance. Request for Ratification of the Processed Change Orders It is requested that the Change Orders Nos. 3 ($8,112.44), 16 ($9,061.92), 17 ($18,040.29), 18 ($12,473.74), and 24 ($17,976.24) on the Exhibit "A" be ratified for the total amount of $65,644.63 for the over excavation and re -compaction of the retaining wall footing, insulation of drywalls for exterior walls, building the interior rake walls, adding the data/voice communication locations and providing the material to the REP to install the new wood raised flooring in the rehearsal rooms. The Change Orders were processed within the original contingency budget. Request for Allocation of Additional Funds Approval of this resolution will also allocate additional funds in the amount of $275,000 (not -to -exceed) to the project expenditure account to cover the anticipated Change Orders (Exhibit "B"). During the design work there were no record drawings available to indicate the existing conditions of the old library building. The design plans were based on the building surface evaluation. The following additional work was discovered during the demolition of the building that was not included in construction plans. The additional work includes roofing at new HVAC curb adaptors, roofing revisions of new drains, new roofing over lobby area, installation of drywall draft stop, roof drain system installation, floor patch and leveling, HVAC modifications, door hardware, redesign of fire alarm system, structural steel framework in lobby, lobby ceiling revision, extension of overhead, demolition of existing roof curb assembly and installation of new roof curbs, and framing/demolition for new roofing over lobby area. The additional work will also include the Change Order No. 36 for the installation of a Fire Sprinkle System that will cover the entire building area including the longshoreman side. The work was required by the Fire Department to meet the building/fire code. The anticipated work will also include "Additional Modifications to Museum", Changer Order No. 38. The work will modify the exiting fluorescent lights to more appealing and decorative track lights and the entrance door to the glass front door at the former historic room area. The total requested amount in this resolution is approximately $275,000 that includes the actual cost for the required work to complete the project at $248,481.20 and approximately 10% for contingencies at $24,848.12. Financial Statement The total original estimated amount for the work was $1,296,360 that included bid amount ($1,108,000), 3% for material testing ($33,240), 4% for construction engineering ($44,320) and 10% for contingencies ($110,800). Thus far, Twenty Four Change Orders have been processed as shown on Exhibit "A". The processed Change Orders add up to $109,698.29. This amount uses up the available funds in the original budget set aside for the contingency items. With the allocation of $275,000 for the anticipated Change Orders, the total estimated project cost will increase from $1,296,360 to $1,571,360. It is recommended that the additional funding be provided through Tax Increment Funds. National ;:y Library Remodel Project No.: 031.NATL.0001 • i ( EXHIBIT "A" DATE: August 5, 2008 PROCESSED CONTRACT CHANGE ORDER LOG C.O. NO. DESCRIPTION DATE RECEIVED STATUS P.C.O. NO. COST IMPACT SCHEDULED IMPACT 1 Remove Existing Ground Mounted HVAC/Cage — RFI #4 4/3/08 Approved 1 $394.68 0 Days 1 Provide Waterproofing at Below Grade Areas of Building Resulting from New AC and Retaining Wall Configuration — RFI #6 4/3/08 Approved 3 $932.57 0 Days 2 Demo Ceiling Wood Structure- RFI #3 4/3/08 Approved 4 $4,581.57 0 Days - Recommendation to Leave Footing as Excavated, Export Expansive Spoils, Import Selective Fill for Backfill — RFI #9 4/3/08 Deleted 2 (Option 1) $1,776.20 0 Days 3 Over Excavating and Re -compacting, Export Expansive Spoils, Import Selective Fill for Backfill — RFI #9 4/3/08 Approved by City Manager (To be ratified by CC) 2 (Option 2) $8,112.44 0 Days 4 Epoxy Rebar Dowels into existing SOG — Field Work Order 2 — RFI #47 4/29/08 Approved 5 $2,250 0 Days 5 New SOG floor for existing bathroom - Field Work Order 3 — RFI #26 4/29/08 Approved 6 $4,760.00 0 Days 6 Demo Unforeseen Condition in the Existing Darkroom Area — Field Work Order 1- RFI # 16 5/7/08 Approved 7 $2,400.00 0 Days National City Library Remodel Project No.: 031.NATL.0001 PROCESSED CONTRACT CHANGE ORDER LOG 7 Abate and Remove Lead Painted Fascia above Lobby Area — RFI #16 5/14/08 Approved 17 $3,085,54 0 Days 8 In Room 114, Resheath Wall with Type B Shear and add Holdowns- ASI 3 Sketches — RFI #13 5/12/08 Approved 8 $3,295.56 0 Days 9 Demo Existing Bearing Walls and Add new Wood Beam and Post in Green Room as shown in ASI 4 Sketches — RFI #14 5/12/08 Approved 9 $2,878.62 0 Days 10 Remove of all Existing Computer and Communication Cabling Throughout Building — RFI #12 5/12/08 Approved 10 $483.01 0 Days 11 In Room 114, Demolish Existing Shear Wall to Allow for Construction of new Type B Shear Wall — RFI #13 5/12/08 Approved 11 $1,284.12 0 Days 12 Time only Request Work Performed under Change Order 6 — Demolition of Lobby Area — RFI #16 5/12/08 Approved 12 $0.00 7 Days - Demo Work Related to RFI #20 5/12/08 Deleted 13 $1,199.31 0 Days 13 Demolish Existing Tile and Slab in Existing Bathroom — RFI #26 5/12/08 Approved 14 $4,137.48 0 Days 14 Demolish Existing Gypsum Board Firestop at East End of Building — RFI #15 5/12/08 Approved 15 $1,672.89 0 Days 15 Demolish Cork Board on Existing Wall — RFI #34R 5/12/08 Approved 16 $1,672.89 0 Days 16 Insulate, patch, repair and paint drywall for exterior walls — RFI #51 5/23/08 Approved by City Manager (To be ratified by CC) 21 $9,061.92 0 Days National g Library Remodel. Project No.: 031.NATL.0001 PROCESSED CONTRACT CHANGE ORDER LOG 17 Build Interior Rake Walls vs. Straight Walls — RFI #57 6/4/08 Approved by City Manager (To be ratified by CC) 20 S 18,040.29 0 Days 18 Credit for Motor Assembly on roll -up door 5/20/08 Approved 19 (S738.09) 0 Days 18 Credit for deleted gas line, water line, and associated paving 6/6/08 Approved 22 ($6,750.59) 0 Days 18 Add 19 2-port Data/Voice Communication locations 6/6/08 Approved by City Manager (To be ratified by CC) 23 $12,473.74 0 Days - Hi Steel Extra Costs due to revisions 5/20/08 Deleted 19 Hi Steel extra costs due to revisions 6/12/08 Approved 25 $4,948.02 17 Days 20 Build up existing grade at Lobby Entrance 6/ 11 /08 Approved 24 S1,510.74 2 Days - Demo Existing Roof Curb Assembly 6/16/08 Deleted 26 $1,141.74 2 Days 21 Demo Existing Roof Curb Assembly and Construct new Roof Curbs 6/18/08 Approved 27 $4,977.26 2 Days 22 Framing and Demo for New Roof over Lobby Area 8/6/08 Approved 29 $ 4,962.51 5 Days 23 Build Drywall Hard Lid Ceilings in Electrical Rooms per Fire Dept. 7/30/08 Approved 30 $1,294.88 1 Day 24 Construct new Wood Raised Flooring in Rehearsal Rooms 8/6/08 Approved by City Manager (To be ratified by CC) 28R S17,976.24 0 Days National City Library Remodel Project No.: 031.NATL.0001 .i yY: tal�ta �•, : .. PROCESSED CONTRACT CHANGE ORDER LOG Total S 109,698.29 Total Schedule Impact 36 Working Days Note: 1 National y Library Remodel Project No.: 031.NATL.0001 ANTICIPATED CONTRACT CHANGE ORDER LOG EXHIBIT "B" DATE: September 5, 2008 CO's Pending the re -funding of the project contingency. C.O. NO. DESCRIPTION DATE RECEIVED STATUS P.C.O. NO. COST IMPACT SCHEDULED IMPACT 25 Roofing for 4 new HVAC curb adaptors 9/3/08 Pending 30R $3,453.70 0 Days 26 Roofing revision of 3 roof drains RFI #062r ASI #10 9/3/08 Pending 31 $ 2,984.50 0 Days 27 New roof over old dark room/ new lobby, HVAC curb and downspout 9/3/08 Pending 32 $6,248.30 0 Days 28 Install drywall draft stop at lobby 9/3/08 Pending 33 $1,230.48 1 Days 29 New roof drain system 9/3/08 Pending 34 S 10,896.70 0 Days 30 Floor patch and leveling 9/3/08 Pending 35 $1,933.10 1 Days 31 HVAC Modification 9/3/08 Pending 36 $28,012.20 10 Days 32 Door Hardware 9/3/08 Pending 37 $8,996.40 0 Days 33 Re -design fire alarm system 9/3/08 Pending 38 $17,787.08 5 Days 34 Structural Steel framework in lobby 9/3/08 Pending 39 S1,927.80 0 Days National City Library Remodel Project No.: 031.NATL.0001 ANTICIPATED CONTRACT CHANGE ORDER LOG 35 Lobby ceiling revisions 9/3/08 Pending 40 $2,380.00 0 Days 36 Sprinkler System 9/3/08 Pending 41 $129,493.08 15 Days 37 Extended overhead 9/3/08 Pending 42 $10,200.00 0 Days 38 Museum Mods. 9/312/08 Pending 43 $22,937.86 15 Days L - r National b' Library Remodel Project No.: 031.NATL.0001 ANTICIPATED CONTRACT CHANGE ORDER LOG Total S248,481.20 Total Schedule Impact 47 Working Days RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING CHANGE ORDER NOS. 3, 16, 17, 18, AND 24 IN THE AMOUNT OF $65,644.63 FROM M.A. STEVENS CONSTRUCTION FOR THE NATIONAL CITY FORMER LIBRARY REMODEL PROJECT, AND AUTHORIZING THE ALLOCATION AND TRANSFER OF FUNDS IN THE NOT -TO -EXCEED AMOUNT OF $275,000 FOR ADDITIONAL WORK TO COMPLETE THE PROJECT WHEREAS, on March 4, 2008, the City Council adopted Resolution No. 2008-43 awarding a contract in the total amount of $1,108,000 to M.A. Stevens Construction, Inc., for the National City Former Library Remodel Project; and WHEREAS, Change Order Nos. 3, 16, 17, 18, and 24 in the amount of $65,644.63, which were processed within the original contingency budget, for over excavating and re -compacting of the retaining wall footing, insulation of drywalls for exterior walls, building the interior rake walls, adding the data/voice communication locations, and providing the material to the San Diego Repertory to install the new wood raised flooring in the rehearsal rooms are submitted for ratification; and WHEREAS, because the design plans for the remodel were based on a surface evaluation due to no record drawings being available to indicate the existing condition of the old library building, additional work was discovered during the demolition phase of the project that was not included in the remodel construction plan; and WHEREAS, the additional work will also include the installation of a fire sprinkler system, which is required to meet the Building Code and Fire Code requirements, and additional modifications to the museum to modify both the existing fluorescent lights to more appealing and decorative track lights and the entrance door to the glass front door at the former historic room area; and WHEREAS, the allocation of additional funds in the not to exceed amount of $275,000 from Tax Increment Undesignated Fund Balance Account No. 511-2501 to National City Former Library Remodel Project Account No. 511-409-500-598-3734 are necessary for the work necessary to complete the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies Change Order Nos. 3,16, 17, 18, and 24 in the amount of $65,644.63 from M.A. Stevens Construction. BE IT FURTHER RESOLVED that the City Council hereby authorizes the allocation of the not to exceed amount of $275,000 from Tax Increment Undesignated Fund Balance Account No. 511-2501 to National City Former Library Remodel Project Account No. 511-409-500-598-3734 to fund the work necessary to complete the Project. FROM: Account No. 511-2501 Tax Increment Undesignated Fund Balance TO: Account No. 511-409-500-598-3734 National City Former Library Remodel Project Resolution No. 2008 — September 16, 2008 Page 2 AMOUNT: $275,000 PURPOSE: To complete the National City Former Library Remodel Project PASSED and ADOPTED this 16th day of September, 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 .dEETING DATE September 16.2008 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY FIRE DEPARTMENT TO ACCEPT TWO PROJECTION TELEVISIONS DONATED BY SONY CORPORATION FOR FIREFIGHTING EFFORTS. PREPARED BY Walter Amedee, DEPARTMENT Homeland Security Manager EXPLANATION In appreciation for the National City Fire Department's firefighting efforts during this year's fires in northern and central California, the Sony Corporation would like to donate two Sony 54" projection televisions to the National City Fire Department. Environmental Review 1 N/A Financial Statement No negative impact. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends authorizing the National City Fire Department to accept the two Sony 54" projection televisions from Sony Corporation. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9l99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FIRE DEPARTMENT TO ACCEPT TWO SONY 54-INCH PROJECTION TELEVISIONS DONATED BY SONY CORPORATION IN APPRECIATION OF THE DEPARTMENT'S FIREFIGHTING EFFORTS WHEREAS, in appreciation for the National City Fire Department's firefighting efforts during this year's fires in northern and central California, the Sony Corporation desires to donate two Sony 54-inch projection televisions to the Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Fire Department to accept two Sony 54-inch projection televisions from Sony Corporation in appreciation for the National City Fire Department's firefighting efforts during this year's fires in northern and central California. PASSED and ADOPTED this 16th day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey Ron Morrison, Mayor City of National City, California COUNCIL AGENDA STATEMENT .iEETING DATE September 16, 2008 AGENDA ITEM NO. 8 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR AT LEAST $170,540.44 PER YEAR PREPARED BY Walter Amedee j,Jp_ DEPARTMENT Fi (Ext. 4556) EXPLANATION The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District since March 1982. In 1998, the Fire District proposed that the annual service fee be based on increases in the "Consumer Price Index for All Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics. Costs for providing these services are fully recovered. The term of the current Agreement will expire on September 30, 2008. It is recommended that a new Agreement be signed and continue in full force and effect until either party exercises the right to terminate the Agreement. The current quarterly total of $42,635.11 will be adjusted on October 1, 2008, based upon the percent of any increases in the CPI during the period of June 30, 2007 — June 30, 2008. The adjusted quarterly payment shall be in effect from October 1, 2008 — October 1, 2009. This agreement may be terminated by either party within three (3) months from the delivery of notice or as mutually agreed upon by the parties. Environmental Review N/A Financial Statement Approved By: Finance Director All costs associated with providing fire and emergency medical services are fully recovered. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. 2. Resolution 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 THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR THE CITY FOR A MINIMUM AMOUNT OF $170,540.44 PER YEAR TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WHEREAS, the City of National City has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District since entering into an agreement approved by the City Council on November 17, 1998; and WHEREAS, the annual service fee for such services, currently $42,635.11 per quarter, is based on increases in the Consumer Price Index for all Urban Consumers (CPI) for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics; and WHEREAS, the City and Lower Sweetwater Fire Protection District desire to extend the term of the current agreement, which expires on September 30, 2008, until it is terminated by either party within three (3) months from the delivery of notice or as mutually agreed upon by the parties; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and the Lower Sweetwater Fire Protection District for the City of National City to provided fire protection and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 16th day of September, 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2008 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING PROPOSITION A ON THE NOVEMBER 2008 BALLOT, THE COUNTY OF SAN DIEGO INITIATIVE MEASURE THAT WOULD IMPOSE A COUNTY -WIDE PARCEL TAX FOR REGIONAL AND LOCAL FIRE PROTECTION PREPARED BY George H. Eiser, III Ili/ DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review 1 NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum 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: September 10, 2008 FROM: City Attorney SUBJECT: Opposing Proposition A on the November 2008 Ballot, the County of San Diego Initiative Measure that would Impose a County -Wide Parcel Tax for Regional and Local Fire Protection The Board of Supervisors of the County of San Diego has placed on the November 2008 ballot a measure that, if approved by the voters, would impose a special parcel tax for fire protection purposes upon every taxable parcel in the incorporated and unincorporated areas of the County. Said measure will appear on the November 2008 ballot as Proposition A. The amount of the parcel tax would be between $52 and $1,000 per year for each parcel subject to the tax, and would be adjusted each year commencing with the 2010-2011 fiscal year by the Consumer Price Index for San Diego County. The parcel tax would first be levied during the 2009-2010 fiscal year, and would remain in effect for thirty (30) years. The Proposition would create a joint powers agency known as the "San Diego Regional Fire Protection Agency" (the "Agency") to manage, administer, and oversee the expenditure of the parcel tax revenues. The Board of the Agency would be comprised of one member from the Board of Supervisors, one member from the City of San Diego, four members from the remaining 17 cities in the County, four members from four of the independent special districts, and five non -voting members made up of members of the fire service and military. Proposition A would require a city or fire protection district to be a member of the Agency in order to be eligible for the parcel tax revenues. The parcel tax would be collected within the city or fire protection district whether or not the jurisdiction is a member of the Agency. Proposition A would require that 50% of the parcel tax revenues that are collected each fiscal year would be allocated to the Agency, and 50% of the parcel tax revenues would be allocated to the member agencies. The parcel tax that would be imposed pursuant thereto would be detrimental to the City of National City and its residents for the following reasons: • The governance structure of the joint powers agency that would be created does not provide adequate representation for the member cities, in that the cities will generate the majority of the tax revenues, yet will not have the majority of the seats on the Board. ® Recycled Paper Proposition A Opposition September 10, 2008 Page 2 • The City of National City consistently makes a significant financial commitment to the City's fire protection services out of its general fund; the County should likewise take responsibility for its fire protection needs by utilizing existing revenue sources, such as the $235 Million in Proposition 172 tax revenues it received in 2007, rather then imposing a new county -wide tax. • The County of San Diego's current "maintenance of effort" for fire protection is deficient. The County of San Diego is the only large urban county in California that does not have a county fire department. With Proposition A, the cities and special districts would generate the majority of tax revenues, and in this way would be subsidizing the County's maintenance of effort. • The County has never acknowledged its responsibility for fire protection in the unincorporated areas, and has failed to adequately allocate Proposition 172 funds to meets it obligations. • The City of National City, like other cities in the County, are already contributing a disproportionate share of tax revenues for regional fire protection under Proposition 172. In 2007, under Proposition 172, National City provided $8 Million in sales tax revenue for regional fire needs, and was able to keep $200,000 to fund its own fire protection program. That same year, the County also provided $8 Million in sales tax revenue, but kept $235 Million in Proposition 172 revenues. • Proposition A would create a system of taxation without representation, because the parcel tax would be collected within the cities and specials districts even when those jurisdictions are not members of the joint powers agency. • The County continues to approve development in the unincorporated areas without due regard for the fire protection needs generated by such development. As a result, fire protection responsibilities are placed upon unfunded and underfunded special districts. It is recommended that the City Council oppose the San Diego County Board of Supervisors' proposed parcel tax ordinance appearing on the November 2008 ballot as Proposition A, and titled "Proposed Ballot Measure to Improve and Enhance Firefighting Resources and Services by Adoption of a Regional and Local Fire GEORGE H. EISER, III City Attorney GHE/gmo RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING PROPOSITION A ON THE NOVEMBER 2008 BALLOT, THE COUNTY OF SAN DIEGO INITIATIVE MEASURE THAT WOULD IMPOSE A COUNTY -WIDE PARCEL TAX FOR REGIONAL AND LOCAL FIRE PROTECTION WHEREAS, the Board of Supervisors of the County of San Diego has placed on the November 2008 ballot a measure that, if approved by the voters, would impose a special parcel tax for fire protection purposes upon every taxable parcel in the incorporated and unincorporated areas of the County; and WHEREAS, said measure will appear on the November 2008 ballot as Proposition A; and WHEREAS, the amount of the parcel tax would be between $52 and $1,000 per year for each parcel subject to the tax, and would be adjusted each year commencing with the 2010-2011 fiscal year by the Consumer Price Index for San Diego County; and WHEREAS the parcel tax would first be levied during the 2009-2010 fiscal year, and would remain in effect for thirty (30) years; and WHEREAS, Proposition A would create a joint powers agency known as the "San Diego Regional Fire Protection Agency" (the "Agency") to manage, administer, and oversee the expenditure of the parcel tax revenues; and WHEREAS, the Board of the Agency would be comprised of one member from the Board of Supervisors, one member from the City of San Diego, four members from the remaining 17 cities in the County, four members from four of the independent special districts, and five non -voting members made up of members of the fire service and military; and WHEREAS, Proposition A would require a city or fire protection district to be a member of the Agency in order to be eligible for the parcel tax revenues; and WHEREAS, the parcel tax would be collected within the city or fire protection district whether or not the jurisdiction is a member of the Agency; and WHEREAS, Proposition A would require that 50°!0 of the parcel tax revenues that are collected each fiscal year would be allocated to the Agency, and 50% of the parcel tax revenues would be allocated to the member agencies; and WHEREAS, the City Council of the City of National City has given due consideration to the provisions of Proposition A, and determined that the parcel tax that would be imposed pursuant thereto would be detrimental to the City of National City and its residents for the following reasons: • The governance structure of the joint powers agency that would be created does not provide adequate representation for the member cities, in that the cities will generate the majority of the tax revenues, yet will not have the majority of the seats on the Board. Resolution No. 2008 — September 16, 2008 Page 2 • The City of National City consistently makes a significant financial commitment to the City's fire protection services out of its general fund; the County should likewise take responsibility for its fire protection needs by utilizing existing revenue sources, such as the $235 Million in Proposition 172 tax revenues it received in 2007, rather then imposing a new county -wide tax. • The County of San Diego's current "maintenance of effort" for fire protection is deficient. The County of San Diego is the only large urban county in California that does not have a county fire department. With Proposition A, the cities and special districts would generate the majority of tax revenues, and in this way would be subsidizing the County's maintenance of effort. • The County has never acknowledged its responsibility for fire protection in the unincorporated areas, and has failed to adequately allocate Proposition 172 funds to meets it obligations. • The City of National City, like other cities in the County, are already contributing a disproportionate share of tax revenues for regional fire protection under Proposition 172. In 2007, under Proposition 172, National City provided $8 Million in sales tax revenue for regional fire needs, and was able to keep $200,000 to fund its own fire protection program. That same year, the County also provided $8 Million in sales tax revenue, but kept $235 Million in Proposition 172 revenues. • Proposition A would create a system of taxation without representation, because the parcel tax would be collected within the cities and specials districts even when those jurisdictions are not members of the joint powers agency. • The County continues to approve development in the unincorporated areas without due regard for the fire protection needs generated by such development. As a result, fire protection responsibilities are placed upon unfunded and underfunded special districts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City opposes the San Diego County Board of Supervisors' proposed parcel tax ordinance appearing on the November 2008 ballot as Proposition A, and titled "Proposed Ballot Measure to Improve and Enhance Firefighting Resources and Services by Adoption of a Regional and Local Fire PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney MEETING DATE: City of National City COUNCIL AGENDA STATEMENT September 16, 2008 AGENDA ITEM NO. 10 / ITEM TITLE: Resolution authorizing the Mayor to execute an Agreement for Grant Funds in the amount of $100,000 from the County of San Diego for the completion of the soccer project at Kimball Park. PREPARED BY: Rudy LopezC?� DEPARTMENT Community Services (619) 336-4560 EXPLANATION: The County of San Diego, with a recommendation from Supervisor Greg Cox, has committed an addi- tional $100,000 in Community Projects grant funds. The grant will be used to complete the Kimball Park soccer project. No matching funds are required as part of this grant. Environmental Review N/A Financial Statement National City will receive $100,000 from the County of San Diego and be deposited in 115-41000-3470. There is no matching requirement for this grant. STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A TTACHMENTS (Listed Below) 1. Resolution 2. County of San Diego Grant Agreement Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A STANDARD GRANT AGREEMENT WITH THE COUNTY OF SAN DIEGO IN THE AMOUNT OF $100,000 FOR THE COMPLETION OF THE NATIONAL CITY SOCCER FIELD PROJECT AT KIMBALL PARK WHEREAS, the County of San Diego (County) desires to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural, and recreational needs of San Diego County residents; and WHEREAS, on June 17, 2008, the Board of Supervisors allocated $100,000 in grant funding to the City of National City for the completion of the National City Soccer Filed Project at Kimball Park; and WHEREAS, the City desires to enter into a Standard Grant Agreement with the County of San Diego for a term of 13 months, in which time the City shall expend and report all actual expenditures of the grant funds to the County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Standard Grant Agreement with the County of San Diego for grant funds in the amount of $100,000 for the completion of the National City Soccer Field Project at Kimball Park. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney County office use only P-- 1001838 0- 156.50 E -- 53664 T - 999 A - 100123 Supplier # - 1114069 STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, (Grantee) and is effective on WHEREAS, the County wishes to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural and recreational needs of County residents; and WHEREAS, on 6/17/2008 (17), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, TIIEREFORE, in consideration of the mutual promises contained herein and other valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: for completion of the soccer field project in Kimball Park. 2. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 3. Deadline for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 1 within 12 months of the effective date of this Agreement as specified above. (b) Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in any event, before the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation before the end of the extended Term. If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. (c) If after reviewing Grantee's expenditure documentation, the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds; (ii) disallows any expenditure by Grantee; or (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; Grantee shall refund to the county the amount specified by the County's administrator. Grantee shall make this refund within seven days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. 1 (d) if Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within seven days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. Grantee's failure to comply with this refund requirement shall constitute a material breach of this Agreement. (e) )f Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 4 upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 1 and approval of the documentation by County's administrator. (f) If Grantee fails to use all grant funds as specified in Paragraph 1 above before the deadline specified in Subparagraph (a) above, Grantee may request an extension of the Term. Grantee shall make any such request in writing at least two weeks before the deadline specified in Subparagraph (a) above. Grantee and the County's administrator may agree in writing to extend the Term of Agreement for a maximum of three months to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 1. 4. Amount of Grant. The County agrees to pay Grantee a grant of $100,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 5. Administrator of Agreement. The Office of Financial Planning in the Auditor and Controller's Office shall administer this Agreement on behalf of the County, and Chris Zapata at (619) 336-4240 shall administer it on behalf of Grantee. 6. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: County: Chief Financial Officer Office of Financial Planning County of San Diego 1600 Pacific Highway Room 352 San Diego, CA 92101 Grantee: City of National City 1243 National City Blvd National City, CA 91950 7. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records should be made available for examination within San Diego County. Grantee shall maintain such records in an accessible location and condition for a period of not less than four years following receipt of final payment under this Agreement unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. Rev. 12/ 15/05 2 8. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within three days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 9. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 10. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 11. Assignment. Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts. and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph l _ Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports. data or other materials prepared under this Agreement. Rev. 12/15/05 [Remainder of this page left blank intentionally] 3 14. Insurance. Grantee shall maintain insurance against claims or injuries to person or damages to property that may arise from or in connection with the use of the grant funds by Grantee, its agents, representatives, employees, volunteers or subcontractors. The cost of such insurance shall be home by Grantee and coverage limits shall be a minimum of $1,000,000 General Liability per occurrence/$2,000,000 aggregate for operations, products and completed operations for bodily injury, personal injury and property damage; $500,000 Automobile Liability per accident for bodily injury and property damage; and Workers' Compensation and Employers Liability Insurance as required by the California Labor Code. County shall retain the right at any time to review the coverage and amount of insurance required. Grantee may satisfy the requirements of Section 14 by maintaining its lawful self -insured status during the term of the agreement. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collective, "County Parties") against any and all claims, deductibles, self -insured retention's, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of grant funds and/or Grantee's use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that parry's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. Rev. 12/15/05 4 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a California corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in California_ 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 2 above or the termination of this Agreement under Paragraphs 8, 9 or 10 above. 25. Remedies. The rights and remedies in this Agreement are in addition to, and not a limitation on, all other rights and remedies available at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE 1. By: Chief Financial Officer or Designated Representative Janet Pehau, Director Office of Financial Planning 2. By: Date Print Name and Title By: Date Print Name and Title [Note: if Grantee is a California non-profit corporation, need 1 signature from each of the following 2 groups: (I) Executive Group: President, Vice -President or Chairman of the Board; and (2) Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] (Corp. Code § 5214.) Rev. 12/ 15105 5 Return This Agreement City of National City COUNCIL AGENDA STATEMENT MEETING DATE: September 16, 2008 AGENDA ITEM NO. 11 ITEM TITLE: Resolution memorializing the appropriation of $339,000 to supplement existing funding from Parks and Recreational Capital Outlay Fund for completion of the soccer project at Kimball Park for a project total of $621,044.�55.. PREPARED BY: Rudy Lopez\ DEPARTMENT Community Services (619) 336-4560 EXPLANATION: On May 6, 2008 the City Council unanimously approved the redesign of the soccer project and the allo- cation of funding for its completion. This resolution memorializes the appropriation of funds. Environmental Review N/A Financial Statement Funds are available in the following accounts: 115-409-500-598-4076-4552,000 301-409-500-598-4076—$69,044.15 t STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) 1. Resolution Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEMORIALIZING THE APPROPRIATION OF $339,000 FROM PARKS AND RECREATION CAPITAL OUTLAY FUND TO SUOPP.LEMENT EXISTING FUNDING FOR THE COMPLETION OF THE NATIONAL CITY SOCCER FIELD IN KIMBALL PARK WHEREAS, at the May 6, 2008 City Council Meeting, the City Council approved the redesign of the National City Soccer Field Project in Kimball Park, and the allocation of funding in the amount of $339,000 for its completion; 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 redesign of the National City Soccer Field Project in Kimball Park, and allocates funding in the amount of $339,000 for its completion. PASSED and ADOPTED this 16th day of September, 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 MEETING DATE September 16, 2008 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement in the amount of $44887 with Granicus Inc. to provide managed services with unlimited bandwidth for video livecasts of city council meetings. PREPARED BY DEPARTMENT Ron Williams MIS F- (Ext. 4373) EXPLANATION Granicus Inc. provides a specialized managed service with unlimited bandwidth for local governments to facilitate livecast video feeds to the public through the internet. Environmental Review 1 N/A Financial Statement Approved By: finance Director Account No. 630-409-500-598-8031 STAFF RECOMMENDATION Adopt the Resolution BOARD / 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 IN THE AMOUNT OF $44,887 WITH GRANICUS, INC. TO PROVIDE MANAGED SERVICES WITH UNLIMITED BANDWIDTH FOR VIDEO LIVECASTS AND DISTRIBUTION WHEREAS, the City desires to employ a consultant to provide media manager software installation and configuration to facilitate City Council video webcasting; and WHEREAS, the City has determined that Granicus, Inc., is qualified by experience and ability to perform the services desired by the City, and Granicus, 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 Granicus, Inc., to provide media manager software installation and configuration to facilitate City Council video webcasting. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GRANICUS INC. THIS AGREEMENT is entered into this 16th day of September, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Granicus Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Media Manager Software installation and configuration to facilitate council video webcasting. WHEREAS, the CITY has determined that the CONSULTANT is a Video Production Software implementor and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, 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 CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Matt Mincks thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. Upon the successful delivery of Equipment, CONSULTANT shall invoice and the CITY agrees to pay CONSULTANT the cost of hardware (including shipping costs) in full as outlined in Exhibit "A". Upon the successful completion of CITY training, CONSULTANT shall invoice and the CITY agrees to pay CONSULTANT the remaining cost of software and services as outlined in Exhibit "A". Upon the successful completion of CITY training, CONSULTANT shall begin invoicing the monthly Managed Service Fees as outlined in Exhibit "A". The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the IT Manager. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT/CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. The length of this Agreement shall be one (1) year after the date of execution set forth above. The CITY shall have the option to renew this Agreement for three (3) terms of one (1) year each. 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 CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT/ CONSULTANT [CHOOSE ONE] shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 City's Standard Agreement - June 2008 revision The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT/ CONSULTANT [CHOOSE ONE] and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT 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 CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, 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 CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the 3 City's Standard Agreement - June 2008 revision term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a 4 City's Standard Agreement — June 2008 revision third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include 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 CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not 5 City's Standard Agreement — June 2008 revision contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and 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 CONSULTANT 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. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. 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 CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 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 attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 City's Standard Agreement — June 2008 revision 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. B. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary 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: To CONSULTANT: Ron Williams IT Manager MIS City of National City 1243 National City Boulevard National City, CA 91950-4301 Granicus Inc. 568 Howard Street, Suite 300 San Francisco, CA 94105 7 City's Standard Agreement — June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. USE OF MEDIA MANAGEMENT SOFTWARE. CONSULTANT agrees to provide the CITY with a revocable, non -transferable and non-exclusive account to access the Media Management Software; and grants the CITY a revocable, non-sublicensable, non- transferable and non-exclusive right to use the Media Management Software. The Media Management Software is proprietary to CONSULTANT, and protected by intellectual property laws and international intellectual property treaties. The CITY's access to, and use of the Media Management Software is licensed and not sold. The CITY is responsible for any applicable costs and taxes associated with its use of the Services, or use of the Services through its account. Cancellation of CITY's Managed Services will also result in the immediate termination of CITY's Media Management Software license. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 8 City's Standard Agreement — June 2008 revision B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GRANICUS INC. (Corporation - signatures of two corporate officers) By: By: Ron Morrison, Mayor (Name) Tom Spengler (Print) 9 City's Standard Agreement - June 2008 revision APPROVED AS TO FORM: George H. Eiser, III City Attorney CEO (Title) By: (Name) Emery Jones 10 (Print CFO (Title) City's Standard Agreement — June 2008 revision EXHIBIT A: SCOPE OF SERVICES • Install/Configure Media Manager Software to support live content video streaming services. • Provide Monthly Managed Services with unlimited bandwidth for accessing live and archived videos. • 4 Days On -site training • 24/7 Customer Service Portal Software Modules MediaManager Enterprise Access $2,250.00 MediaManager $4,500.00 MinutesMaker (1 Meeting Body) $2,250.00 Outcast Encoder Software (1 License) $450.00 Sales Tax 8.75 % $826.87 Software Subtotal $10,276.88 Professional Services Software Installation and Configuration $3,667.50 (2) - Document Templates $1,350.00 On -Site Training (4 Days) $7,100.00 Phone/Web Training (2 Hours) $300.00 (1) - Player Template $675.00 (1) - View Template $675.00 Sales Tax 8.75 % $0.00 Professional Services Subtotal $13,767.50 Hardware Components (1) - Outcast Encoder $2,275.00 (1) - Osprey 230 Video Capture Card $450.00 Sales Tax 8.75 % $238.44 Hardware Subtotal $2,963.44 Shipping $150.00 Total Sales Taxt 8.75 % $1,065.31 Total Up -Front Software, Professional Services &Hardware $27,157.81 Monthly managed services $1477.35/month 11 City's Standard Agreement - June 2008 revision City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2008 AGENDA ITEM NO. 13 ITEM TITLE ITEM approving an additional appropriation of $150,000 from the fiscal year 2007- 2008 General Fund undesignated fund balance for the Building and Safety Department's staff and consultant services expenditures. PREPARED BY Brad Raulston EXPLANATION DEPARTMENT Community Development Funds previously used for F,sGil services and for lead based paint staff services were allocated from an incorrect account. The purpose of this request is to transfer funds from one account to the other to correct the problem. The attached Background Report further explains this request. Environmental Review X N/A Financial Statement Approve transfer of $150,000 from Undesignated Funds to Building & Safety Dept. Salaries and Expert & Consultant Account Approved By: Hance Director Account No. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Resolution A-200 (9/99) BACKGROUND REPORT In FY 07/08, the Building and Safety Department contracted with Esgil Corporation to assist with providing commercial plan check services and to provide inspection services for more time consuming, large-scale development projects such as Plaza Bonita Mall. Additionally, in-house plan check services were provided by Esgil. These services totaled $92,105. Funding for these services was allocated from the Plan Check Revolving Fund (acct. 120- 413-000-213) which was limited for only plan check services. The inspections services and on -site building official services should have been paid through another funding source, which had not been set up previously. In March, 2008, an Expert and Consultant Services General Fund (acct. 001-413-000-213) was set up with a total of $60,000 to fund the additional services. However, this fund has been exhausted and an additional allocation for Esgil services is necessary in the amount of $92,105. Prior to the closeout of the Lead -Based Paint Hazard Control Grant, a thorough review of grant documentations and charges was performed by the Finance department. It was discovered that salaries and benefits of certain employees were inaccurately charged against the Lead grant. Some employees who were originally assigned to work on the grant were pulled out of the grant and re -assigned to perform other duties. For some, the number of hours that they worked on the grant were modified. Somehow, due to staff turnover, the changes in funding sources and percentage allocation of these employees' salaries and benefits were not documented on Personnel Action Forms. Without these revised forms, the original funding and allocations remained the same in the Payroll system. To remedy the deficiency, Finance calculated the amount that was misallocated to the Lead Grant and came up with a total of $56,000 that should have been charged to the General Fund over the last couple of years. Staff recommends to transfer and appropriate $56,000 from the General Fund Undesignated Fund Balance to the Bldg & Safety Dept. Salaries account in order to reimburse the Lead Grant Fund. Staff recommends a total of $150,000 be allocated from the General Fund Undesignated Fund Balance to reimburse the Lead Grant Fund and to fund payments to EsGil corporation for work performed in Fiscal Year 07/08. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $150,000 FROM GENERAL FUND UNDESIGNATED FUND BALANCE ACCOUNT NO. 001-2501, AND TRANSFERRING $94,000 TO EXPERT AND CONSULTANT SERVICES ACCOUNT NO. 001-413-000-213 FOR PAYMENTS TO ESGIL CORPORATION FOR WORK PERFORMED IN FISCAL YEAR 07/08, AND $56,000 TO ACCOUNT NO. 001-413-000-101 TO REIMBURSE THE LEAD BASED PROGRAM GRANT FUND FOR STAFF SERVICES WHEREAS, a transfer of funds from the General Fund Undesignated Fund Balance to the Expert and Consultant Services Account is necessary to fund payments in the amount of $94,000 to EsGil Corporation for work performed in Fiscal Year 07/08, and $56,000 to Salaries Account for staff expenses for the Lead Based Paint program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: TO: Account No. 001-2501 General Fund Undesignated Fund Balance Account No. 001-413-000-213 General Fund Building and Safety Expert and Consultant Services AMOUNT: $94,000.00 PURPOSE: To fund payments to EsGiI Corporation for work performed in Fiscal Year 07/08 AND TO: Account No. 001-413-000-101 General Fund Building & Safety Salaries Account AMOUNT: $56,000 PURPOSE: To fund payments for staff services for the Lead Based Paint Program TOTAL AMOUNT: $150,000 PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. DaUa, City Clerk George H. Eiser, III, City Attorney City of National City, California • COUNCIL AGENDA STATEMENT METING DATE September 16, 2008 AGENDA ITEM NO. 14 1ITEM TITLE Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of low -emission construction equipment to replace our non conforming diesel equipment. This purchase must be sole source from a state approved vendor at the total cost of $496,769 with $394,650 paid by a reimbursable Grant from the Califomia Air Resources Board. The City will need to provide matching funds totaling $102,119. Jj� PREPARED BY Joe Smith, Director - `DEPARTMENT Public Works (Ext. 4587) i EXPLANATION On June 5, 2007 Resolution # 2007-117 was adopted by Council authorizing the Acting Public Works Director to execute a Grant Award # G06-PA49 from the Califomia Air Resources Board (ARB) accepting a $394,650 reimbursable grant for purchase of low -emission construction equipment. The construction equipment to be purchased consists of two construction tractors, an asphalt roller, a backhoe, and a grader at a total cost of $496,769. The ARB will reimburse the City $394,650 of the cost to purchase and the City will need to provide matching funds totaling $102,119. The type, make, and model of equipment, as well as the vendor supplying the equipment, was submitted to and approved by the ARB. All funding under this grant agreement must be utilized to purchase only the ARB approved equipment from the authorized vendors. The grant deadline date has been extended to June 30, 2009 and all equipment must be ordered prior to this date. A list of approved equipment and vendors is attached. This action will allow the equipment purchase to be made in a timely manner and ensure compliance with the guidelines of the grant agreement. This action is allowed by Purchasing Ordinance #1480, and Municipal Code #2.60.22.B and E Environmental Review sj N/A Financial Statement Approved By: Finance Director The Califomia Air Resources Board Program is a reimbursable grant that will reimburse $394,650. The City will need to provide matching funds totaling $102,119. FY-07 Vehicle replacement funds, Emissions Retrofit account may be used for the match. Account No. 644-422-223-511 STAFF RECOMMENDATION Staff recommends waiving the formal bid process and authorizing the Purchasing Agent to purchase the approved equipment from the authorized vendors as mandated within California Air Resources Board Grant award agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Grant Award Agreement Approved equipment list Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE REIMBURSABLE GRANT PURCHASE OF LOW -EMISSION CONSTRUCTION EQUIPMENT TO REPLACE THE CITY'S NON -CONFORMING DIESEL EQUIPMENT WHEREAS, on June 5, 2007, Resolution No. 2007-117 was adopted by the City Council authorizing the Acting Public Works Director to execute a Grant Award Agreement with the California Air Resources Board (ARB) accepting reimbursable grant funding in the amount of $394,650 for the purchase of low -emission construction equipment for the Public Works Department to replace the existing non -conforming diesel equipment; and WHEREAS, the low -emission construction equipment to be purchased by the City consists of two construction tractors, an asphalt roller, a backhoe, and a grader at a total cost of $496,769; and WHEREAS, the City will be reimbursed $394,650 by the ARB, and the City is to provide matching funds in the amount of $102,119 for the purchase of the equipment; and WHEREAS, the type, make, and model of the construction equipment to be purchased, as well as each vendor supplying each piece of equipment, has been approved and specified by the ARB; and WHEREAS, to claim reimbursement, the grant funds must be utilized for the purchase of the construction equipment as specified by the ARB, be purchased from ARB approved dealers, and be ordered before the June 30, 2009 deadline; and WHEREAS, Subsections (B) and (E), respectively, of Section 2.60.220 of the National City Municipal Code provide that the City Council may waive the requirements of the bidding process when the commodity can be Obtained from only one source, and when due to the exigencies and availability of State and federal grants, immediate action is necessary to take advantage and allow receipt of those grants for procurement of equipment, materials or services, and compliance with the normal time limits established within Chapter 2.60 would therefore be impossible or impracticable. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that because the commodity being purchased can be acquired from only one source, and due to the exigencies and availability of State grant funds, it is in the City's best interest to purchase two construction tractors, an asphalt roller, a backhoe, and a grader at a total cost of without complying with the competitive bidding procedure. BE IT FURTHER RESOLVED that the City Council hereby authorizes the purchase of said low -emission construction equipment for the Public Works Department pursuant to the specifications and requirements set by the California Air Resources Board at a total cost of $496,769, and directs staff to request reimbursement in the amount of $394,650 from the California Air Resources Board, with the City providing matching funds in the amount of $102,119. --- Signature Page to Follow --- Resolution No. 2008 — September 16, 2008 Page 2 PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Air Resources Board Linda S. Adams Secretary for . nvironmental Protection May 8, 2007 Robert F. Sawyer, Ph.D., Chair 1001 I Street • P.O. Box 2815 Sacramento, California 95812 • www.arb.ca.gov National City, Department of Public Works 2100 Hoover Avenue National City, CA, 91950 Dear Joe Smith: Arnold Schwarzenegger Govemor Congratulations, the National City, Department of Public Works has been awarded a grant in the amount of $ 394,650 for the purchase of low -polluting construction equipment from the California Air Resources Board (ARB). This package includes all the items necessary to accept the award, the provisions for accepting the grant, and the necessary forms and checklist for requesting disbursements of the grant funds. These are described further as follows: 1. Grant Award and Authorization (2 copies) - This document authorizes the ARB to obligate funds to your agency. There are two original copies of this document, one for your agency's records and one to be returned to the ARB. Both copies and must be signed by the authorizing official and one copy returned to the ARB absolutely no later than 5 PM June 30, 2007. (no postmarks, originals only) at the following address: Ms. Stacey Dorais Mobile Source Control Division Air Resources Board 1001 I Street Sacramento, CA 95812 2. Grant Award Agreement - This document describes the provisions for accepting the grant funds including the requirements for equipment specification, timeline for completing projects, monitoring and reporting, and other provisions. The Appendix of this Agreement includes all the equipment selected for grant funding and the maximum reimbursement amount for each piece of equipment. Please take careful note of the equipment specifications. ARB will not reimburse for projects that do not meet the specifications. 3. Grant Disbursement Request - This grant program is a reimbursement program. After the low polluting construction equipment has been purchased and the agency has taken possession of the equipment, a completed Grant Disbursement Request and all the necessary documentation detailed in both the The energy challenge facing California is real. Every Califomian needs to take immediate action to reduce energy consumption_ For a list of simple ways you can reduce demand and cut your energy costs, see our website: httpi/www.arb.ca.Qov. California Environmental Protection Agency Printed on Recycled Paper Joe Smith May 8, 2007 Page 2 Grant Award Agreement and the Grant Disbursement Request instructions are needed in order for ARB to disburse the grant funds. ARB or its designee may conduct an inspection of the new engine or equipment prior to authorization of the disbursement. We have scheduled a mandatory grantee conference call to ensure that all agencies are aware of the reporting and auditing provisions of the Grant Award Agreement as well as the requirements for grant disbursement. ARB will not process grants for agencies that do not participate in a grantee conference call. We strongly recommend that staff who will be responsible for the tasks described above participate on the call. Please respond to Mr. Shane Trimmer at strimmer@arb.ca.gov or by phone at (916) 323-2589 by 5:00 PM Friday May 18, 2007 with your preferred conference call. The conference call details are given below, please choose one: Conference Call 1: Tuesday May 22, 2007 9:30 to 10:30 AM Conference call number: (888) 560-8502 Passcode: 44989 Conference Call 2: Wednesday May 23, 2007 1:30 to 2:30 PM Conference call number: (888) 560-8502 Passcode: 44989 If you have questions or need further clarification, please contact Ms. Johanna Levine at (916) 324-6971 or at jlevine@arb.ca.gov. We Zook forward to working with you and your agency in the months to come. Sincerely, Edie Chang, Manage Carl Moyer Off -Road Section Attachments: Grant Award and Authorization Grant Award Agreement Grant Disbursement Request ,1a1 _�l6� 11R � 1 r0 .-lid. ;n_ ' 3 4 .'s in . °'1+i- 1,4+, d/ V.Y;_ �r+i�%a- : 3!CI Vt• Funding under the $25 Million for Purchase of Low Emission Construction Equipment by Public Agencies Program (Program) has been approved as follows: Grantee: National City, Department of Public Works Contact Person: Joe Smith Project Life: 5 years Grant Award: $ 394,650 Grant Number: G06-PA49 The undersigned parties agree to the terms and conditions as set forth in this Grant and the attached Grant Award Agreement. The undersigned parties certify under the penalty of perjury that they are duly authorized to bind the parties to this Grant and the attached Grant Award Agreement. Air Resources Board: I Sf�ii�r� Signature of Authorized Official Name: Marie Stephans National City, Department of Public Works: Sign ature of uthorized Official Name: Joe Smith Title: Administrative Services Division Chief Title: ID i r e c t o r of Pub1.is Works Date: 6/ 1 1/ 0 7 Date: 1 CONTACTS The Air Resources Board (ARB) contact for program issues relating to this grant is Ms. Stacey Dorais. Correspondence regarding required program reports should be directed to: Stacey Dorais Mobile Source Control Division, North Air Resources Board P.O. Box 2815 Sacramento, California 95812 Phone: (916) 322-2383 The ARB contact for financial matters relating to this Grant Award is Ms. Lauri Brunkhorst. Correspondence regarding financial matters should be directed to: Lauri Brunkhorst Administrative Services Division Air Resources Board P.O. Box 1436 Sacramento, Califomia 95812 Phone: (916) 322-8215 Grant Award Agreement General The Grantee understands and agrees that, although Grantee is being awarded a Grant, such Grant is not being issued without conditions, and Grantee's receipt and continued possession of the Grant is contingent on Grantee meeting all the requirements specified in this Grant Award Agreement (Agreement). Grantee's failure to meet the terms, conditions, and requirements of this Agreement throughout the term of this Agreement shall result in forfeiture and retum to ARB of a pro -rated portion of the awarded Grant, as specified in this Agreement, as well as other remedies that may apply under California law. Equipment Requirements • For purposes of this Agreement, "equipment" shall include engines, equipment, and retrofits, and includes the singular and plural. • All "equipment" purchased under this Agreement shall be ARB certified or ARB verified and meet the most stringent oxides of nitrogen (NOx), particulate matter (PM) and reactive organic gas (ROG) or non -methane hydrocarbon (NMHC) standards and requirements applicable at the time the Grant is executed. • The new "equipment" must not have been purchased by Grantee prior to the date of execution of the Agreement. • For engine or equipment replacements, the engine or equipment to be replaced must be scrapped within 90 days after being replaced. For purposes of this Agreement, "scrapped" means destroying or rendering the "equipment" useless either by punching a hole in the engine block, and/or cutting the structural components of the equipment, or some other manner acceptable to ARB. The engine and/or equipment to be replaced shall either be scrapped by Grantee, or Grantee may transfer the engine and/or equipment to another agency which must in turn scrap an equivalent piece of engine and/or equipment approved by ARB. Documentation of the destruction of the engine and/or equipment that was replaced (Le. photos, receipts, etc.) must be provided to the ARB or its designee within 10 days of the engine's and/or equipment's destruction. • Grantee shall operate all new or retrofitted "equipment" purchased under this Agreement for the project life's duration and for the estimated number of hours specified in this Agreement. Grantee shall operate all such new or retrofitted "equipment" solely within California during the estimated number of hours specified in the Appendix, and such estimated hours shall not include maintenance or testing of the "equipment". Project Completion Project completion is the time period from the date the ARB issues the Agreement to the Grantee to when the project becomes operational. This includes the time period when the "equipment" is ordered, delivered, and installed. The Grantee must complete the project by June 30, 2008. ARB reserves the right to grant extensions on a case -by -case basis provided a written request is submitted to ARB by May 31, 2008 that details the basis for the delay and the expected completion of the project. No projects may extend past June 30, 2009. Project Implementation/Life The project implementation (a.k.a. project life) means the period of time during which the Grantee is required to operate and maintain their Program -funded engine/vehicle according to the terms of this Agreement. The project life is 5 years. The Grantee understands and agrees to operate the engine/vehicle according to the terms of this Agreement and to cooperate with ARB or its designee in implementation, monitoring, and enforcement. The monitoring phase shall be five years. Grantee understands and agrees that the ARB or its designee has the authority and reserves the right to monitor and enforce the terms of this Agreement at any time during the project life to ensure emission reductions are obtained. The ARB will seek whatever legal, equitable, and other remedies are available under State law for the Grantee's failure to comply with this Program's requirements and failure to fully perform under the Agreement. Monitoring/Reporting The Grantee shall monitor the Projects for the full project life of 5 years. The Grantee shall submit a copy of the required project reports to ARB by June 30 of each year of the project. The project report shall include "equipment" usage (hours of operation) and location. The Grantee shall maintain records and retain the records for at least three years after the termination of the Program. Description of "Equipment" • The description of the "equipment" can be found in the Appendix. • ARB reserves the right to make modifications to a project provided a written request from the•Grantee is submitted and approved by the ARB in writing. These modifications may be based on factors including, but not limited to, retrofit feasibility and actual project cost and subject to availability of funds. Maintenance of the Engine/Vehicle/Retrofit The Grantee is required to maintain the "equipment" according to the manufacturer's specifications for the life of the project. The Grantee shall not tamper or allow another to tamper with the "equipment". The Grantee is also responsible for installing and maintaining a working hour meter, or other ARB- In the event a dispute is not otherwise disposed of by the Grantee and the ARB contact staff specified in this Agreement, the Executive Officer of the ARB shall review and render a decision in full and final resolution within 30 days. All requests for resolution must be made in writing to the Executive Officer. The Grantee shall continue to perform all duties and obligations specified in this Agreement while a dispute is under review. Severability If a provision of this agreement violates any applicable law or regulation, that provision will be stricken from the agreement, and all other provisions will remain in full force. Incorporation by Reference The Grantee's application for the Agreement is incorporated herein by reference. Governing Law This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Disbursement of Funds ARB shall reimburse the Grantee an amount not to exceed the amount specified in this Agreement. Reimbursement under this Agreement is dependent upon submission of a written request using the provided Grant Disbursement Request form. The written request must include: • Grantee's business name • Grantee's mailing address • Grantee's Federal Employer's Identification Number (FEIN) • Contact name • Grant agreement number • Grant amount • Equipment identification number • Engine/retrofit serial number • Itemized invoice for all work completed or bill of sale. This invoice must not be dated prior to the effective date of the Agreement. Upon verification and approval of the written request, the Grantee shall receive payment in approximately four to six weeks. approved usage measuring device, for projects that document hours of operation as a means of calculating emissions reductions and cost-effectiveness. If the hour meter/usage device fails, the Grantee remains responsible for validating any hours not recorded by the hour meter/usage device. The Grantee must either repair or replace the non -operating meter/device or provide other documentation of "equipment" operating hours acceptable to ARB. Nonperformance The ARB has the authority to fine the Grantee or seek other remedies available under the law for noncompliance with Program requirements and nonperformance with the Agreement. ARB reserves the right to consider unforeseen circumstances beyond the Grantee's control in determining penalties for nonperformance. Nonperformance that results in Toss of emission reductions to be achieved pursuant to this Agreement shall result in forfeiture of the Agreement and return to ARB of a pro -rated amount as follows: Money to be refunded = original grant amount X {1-[(actual use in hours)/(estimated use in hours)]} On -Site Inspections ARB or its designee(s) reserve(s) the right to inspect the "equipment" and/or records relating to the engine for the duration of this Program. Auditing Grantee agrees that the State shall have the right to audit all records relating to the Grant. Grantee agrees to maintain such records for a minimum of eight years after final payment, the end of the project life, or termination of this Agreement, whichever is later, unless a longer period is stipulated. Further, Grantee agrees to include a similar right of the State to audit records in any subcontract related to performance of this Agreement. Insurance Grantees are required to carry and (as required by annual reports or requested during monitoring and auditing) provide proof of insurance covering the new "equipment" throughout the term of the agreement. Indemnification Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. Disputes APPENDIX - Individual Equipment Grant Amounts and Project Specifications Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 - Grantee Equipment ID: 68 ARB Equipment ID: 24.2 Equipment Grant Amount: $27,000 Existing Equipment • Equipment Type: Roller • Make: Bomag • Model: BW 120 AD • Model Year. 1985 Existing Engine • Make: Duetz • Model: F2L511 • Model Year: 1985 • Horsepower Rating: 32 New Equipment • Equipment Type: Roller • Estimated Equipment Usage (hours): 19 New Engine • Approximate Horsepower Rating: 32 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 78 ARB Equipment ID: 24.4 Equipment Grant Amount: $71,250 Existing Equipment • Equipment Type: Backhoe • Make: Massey Ferguson • Model: 50H • Model Year: 1985 Existing Engine • Make: Perkins • Model: A34236 • Model Year: 1985 • Horsepower Rating: 70 New Equipment • Equipment Type: Backhoe • Estimated Equipment Usage (hours): 52 New Engine • Approximate Horsepower Rating: 90 • Engine Tier. 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology_ Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 83 ARB Equipment ID: 24.5 Equipment Grant Amount: $17,250 Existing Equipment • Equipment Type: Construction Tractor • Make: Massey Ferguson • Model: 20F • Model Year: 1988 Existing Engine • Make: Perkins • Model: ADJ152 • Model Year: 1988 • Horsepower Rating: 49 New Equipment • Equipment Type: Construction Tractor • Estimated Equipment Usage (hours): 49 New Engine • Approximate Horsepower Rating: 47 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 124 ARB Equipment ID: 24.6 Equipment Grant Amount: $67,650 Existing Equipment • Equipment Type: Loader • Make: Massey Ferguson • Model: 30H • Model Year: 1987 Existing Engine • Make: Perkins • Model: A3152 • Model Year 1987 • Horsepower Rating: 49 New Equipment • Equipment Type: Loader • Estimated Equipment Usage (hours): 73 New Engine • Approximate Horsepower Rating: 73 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 211 ARB Equipment ID: 24.8 Equipment Grant Amount: $17,250 Existing Equipment • Equipment Type: Construction Tractor • Make: Case • Model: 595 • Model Year: 1990 Existing Engine • Make: International • Model: D268 • Model Year: 1990 • Horsepower Rating: 54 New Equipment • Equipment Type: Construction Tractor • Estimated Equipment Usage (hours): 386 New Engine • Approximate Horsepower Rating: 47 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 828 ARB Equipment ID: 24.12 Equipment Grant Amount: $194,250 Existing Equipment • Equipment Type: Grader • Make: Caterpillar • Model: 12F • Model Year: 1967 Existing Engine • Make: Caterpillar • Model: D333C • Model Year: 1967 • Horsepower Rating: 115 New Equipment • Equipment Type: Grader • Estimated Equipment Usage (hours): 155 New Engine • Approximate Horsepower Rating: 115 • Engine Tier: 3 Retrofit • ARB Verified Level 3 Retrofit $25 Million for Low -Emission Construction Equipment for Public Agencies Grant Disbursement Request Grantee: National City, Department of Public Works Grantee's Federal Employer's ID Number: Grant Number: G06-PA49 Contact Person: Joe Smith Contact Person for Receipt of Funds (if different): Address: 2100 Hoover Avenue National City, CA, 91950 See instructions on reverse Address for Receipt of Funds (if different): Amount of Funds 1. Total Grant Award for Projects.z 2. Grant Award Funds for Projects Received to Date. 3. Grant Projects — Equipment ID Number: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 4. Total Funds Request from Grant Award. I certify to the best of my knowledge and belief that the information contained in this grant disbursement request agreement is correct and complete and is in accordance with the grant. In addition, I hereby authorize the Air Resources Board to make any inquiries to confirm this information. Signature of Authorized Official Name: Title: Date: ate of California dr Resources Board MSCD✓ORCB/CMP 41 $25 Million for Low -Emission Construction Equipment for Public Agencies Grant Disbursement Request INSTRUCTIONS TO COMPLETE GRANT DISBURSEMENT REQUEST When ready to request disbursement of funds, submit this "Grant Disbursement Request" form and the required documentation to: Ms. Stacey Dorais Carl Moyer Program AGPA Mobile Source Control Division Air Resources Board 1001 I Street Sacramento, CA 95812 Questions on this disbursement request should be directed to Ms. Stacey Dorais at (916) 322-2383 or sdorais@arb.ca.gov CHECKLIST: On Disbursement Request In addition, the following documentation must accompany this Disbursement Request ❑ Grantee's business name ❑ Federal employer's ID number (FEIN) o New equipment serial number and new equipment ID (if applicable) ❑ Contact person ❑ New engine serial number (if applicable) o Mailing address ❑ Retrofit serial number (if applicable) 0 Contact person for receipt of funds 0 Agency's equipment ID for funded equipment ❑ Mailing address for receipt of funds ❑ Itemized invoice for all services completed or bill of sale ❑ Equipment ID number ❑ Photographs of new equipment purchased through this grant ❑ Grant amount ❑ Documentation of destruction of old equipment and/or engine (i.e. photographs, invoice from scrap yard, etc.) ❑ Grant agreement number ❑ Signature of authorized official A. = 4 ,> < to be completed by the ARB. B. To be completed by Grantee. 3. Grant Projects — Equipment ID Number. Enter the Equipment ID Number and reimbursement amount in the corresponding columns. Please make copies of the first page if more space is required for additional equipment NOTE: Agencies are only eligible for reimbursement up to the dollar amount for each piece of equipment in the Appendix of the Grant Agreement 4. Total Funds Requested from Grant Award. Total of items in number 3. MSCD/ORCB/CMP_41 $25 Million for Purchase of Low -Emission Construction Equipment Grant Amount $394,650 Grant # G06-PA49 INCENTIVE FUND CONSTRUCTION EQUIPMENT Old ARB ID # VEH ID YR Make 24.2 68 1985 Bomag 24.4 78 1985 Massey Ferguson 24.5 83 1988 Massey Ferguson 24.6 124 1987 Massey Ferguson 24.8 211 1990 Case 24.12 828 1967 Caterpiller New Make Bomag Case Massey Ferguson Case Massey Ferguson Caterpiller Type Roller Backhoe Tractor Loader Tractor Grader Funds available in FY-06,07 Vehicle CIP, Emissions Retrofit for City's Match Replacement Cost $ 33,103.00 $ 94,907.00 $ 20,469.00 $ 90,146.00 $ 20,469.00 $ 237,675.00 $ 496,769.00 • Grant Amount $ 27,000.00 $ 71,250.00 $ 17,250.00 $ 67,650.00 $ 17,250.00 $ 194,250.00 $ 394,650.00 City's Match $ 6,103.00 $ 23,657.00 $ 3,219.00 $ 22,496.00 $ 3,219.00 $ 43,425.00 $ 102,119.00 Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 - Grantee Equipment ID: 68 ARB Equipment 1D: 24.2 Equipment Grant Amount: $27,000 Existing Equipment • Equipment Type: Roller • Make: Bomag • Model: BW 120 AD • Model Year. 1985 Existing Engine • Make: Duetz • Model: F2L511 • Model Year. 1985 • Horsepower Rating: 32 New Equipment • Equipment Type: Roller • Estimated Equipment Usage (hours): 19 New Engine • Approximate Horsepower Rating: 32 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 78 ARB Equipment ID: 24.4 Equipment Grant Amount: $71,250 Existing Equipment • Equipment Type: Backhoe • Make: Massey Ferguson • -Model: 50H • Model Year. 1985 Existing Engine • Make: Perkins • Model: A34236 • Model Year: 1985 • Horsepower Rating: 70 New Equipment • Equipment Type: Backhoe • Estimated Equipment Usage (hours): 52 New Engine • Approximate Horsepower Rating: 90 • Engine Tier. 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 83 ARB Equipment ID: 24.5 Equipment Grant Amount: $17,250 Existing Equipment • Equipment Type: Construction Tractor • Make: Massey Ferguson • Model: 20F • Model Year. 1988 Existing Engine • Make: Perkins • Model: ADJ152 • Model Year: 1988 • Horsepower Rating: 49 New Equipment • Equipment Type: Construction Tractor • Estimated Equipment Usage (hours): 49 New Engine • Approximate Horsepower Rating: 47 • Engine Tier. 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 124 ARB Equipment ID: 24.6 Equipment Grant Amount: $67,650 Existing Equipment • Equipment Type: Loader • Make: Massey Ferguson • Model: 30H • Model Year: 1987 Existing Engine • Make: Perkins • Model: A3152 • Model Year 1987 • Horsepower Rating: 49 New Equipment • Equipment Type: Loader • Estimated Equipment Usage (hours): 73 New Engine • Approximate Horsepower Rating: 73 • Engine Tier. 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 211 ARB Equipment ID: 24.8 Equipment Grant Amount: $17,250 Existing Equipment • Equipment Type: Construction Tractor • Make: Case • Model: 595 • Model Year. 1990 Existing Engine • Make: International • Model: D268 • Model Year: 1990 • Horsepower Rating: 54 New Equipment • Equipment Type: Construction Tractor • Estimated Equipment Usage (hours): 386 New Engine • Approximate Horsepower Rating: 47 • Engine Tier. 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 828 ARB Equipment ID: 24.12 Equipment Grant Amount: $194,250 Existing Equipment • Equipment Type: Grader • Make: Caterpillar • Model: 12F • Model Year: 1967 Existing Engine • Make: Caterpillar • Model: D333C • Model Year. 1967 • Horsepower Rating: 115 New Equipment • Equipment Type: Grader • Estimated Equipment Usage (hours): 155 New Engine • Approximate Horsepower Rating: 115 • Engine Tier. 3 Retrofit • ARB Verified Level 3 Retrofit City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 16, 2008 AGENDA ITEM NO. 15 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE BUDGET FOR THE 2008-2009 FISCAL YEAR PREPARED BY Jeanette Ladrido, C Finance Director EXPLANATION DEPARTMENT Finance x 4331 On June 17, 2008, the City Council for the City of National City approved the City's Preliminary Budget for Fiscal Year 2008-2009 as presented and recommended by the City Manager. The City Manager was also directed by the City Council to prepare a final budget for adoption which incorporates all budget modifications approved by the Finance Committee. State Law requires the Budget be adopted before the start of the new fiscal year on July 1. Furthermore, copies of the annual final budget will be distributed to the City Council on September 16, 2008 and will available electronically on the City of National City's website. This action formally adopts the Final Budget for Fiscal Year 2008-2009. Environmental Review N/A Financial Statement Not Applicable Approved BOldr------.... y. Jea ette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Adopt the Final Budget for Fiscal Year 2008-2009 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Exhibit A —Budget Analysis by Fund 3. Adopted FY 2008-2009 Budget A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2008-2009 FISCAL YEAR WHEREAS, on September 2, 2008, the City Manager submitted to the City Council a Recommended Budget for the 2008-2009 fiscal year, and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2008, with City expenditures totaling $99,547,177, is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Exhibit "A" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the City Council hereby authorizes and approves the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2008-2009 budget. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, ADOPTED BUDGET FISCAL YEAR 2008-09 EXHIBIT A 001 General Fund Undesignated Balance General Fund - Contingency Reserve 261 CDC Debt Service Fund 301 Grant -C.D.B.G 502 Section 8 504 Home Improvement Loan 505 Home 511 Tax Increment Fund 522 Low & Moderate Income Housing fpD Ba1tri�`cs titer--euh w 7,343,915 . ^ 6,118,515 7,300,000 9,000,000 5.195.101 12,182,310 (9,365,807) 5.363,731 2,647,873 (1.598.236) 1,092,595 (45,864) 840,570 (1,392,075) 71,429 8,394,677 8,466,017 89 2,388,292 5,000 - 2,393,292 2,295.025 574,446 (49,900) 524,546 2,295,025 3.265,607 10,237,789 10,290,888 3.212,508 8,064,196 3.245,578 (776,218) 1,238,148 9,295,408 19.681,414 25,494,606 26,723,900 18,452,120 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 16, 2008 16 AGENDA ITEM NO. CITEM TITLE Warrant Register #8 for the period of 08/13/08 through 08/19/08 in the Amount of $1,307,468.37 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance EXT. Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 08/13/08 through 08/19/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Wishbone Industries Literacyworks Arjis Health Net Kaiser Foundation Koch Armstrong Check# 222297 222327 222354 222383 222389 222392 Amount 173,100.50 50.000.00 66,562.00 67,445.49 136,116.41 508,656.20 Explanation Park Picnic Tables Living Allowance for Americorps Network Fees Health Ins -Aug 08 Health Ins -Aug 08 Street Resurfacing J Environmental Review N/A MIS Approval 1-Financial Statement Not applicable. Approved By:'�i Finance Director Account No. S/ TAFF RECOMMENDATION Ratification of warrants in the amount of $1,307,468.37 BOARD / COM 1SSION RECO 1. Warrant Register #8 U ATTACHMENTS ( Listed Below ) Resolution No. A-200 (Rev. 7/03) 1 of 6 4"ett NAT L.A, INCORPORATED , WARRANT REGISTER # 8 8/19/2008 Payee Description chk no chk date Amount CALIFORNIA REDEVELOPMENT ASSO REDEV ACCT WORKSHOP -A. OCANA 222295 8/14/08 295.00 WISI(BONE INDUSTRIES LIT). PARK BENCHES, PICNIC TABLES 222297 8/14/08 173,100.50 AMAZON.COM ADULT NON-FICTION 222298 8/19/08 195.85 BAKER & TAYLOR REFERENCE BOOKS 222299 8/19/08 846.76 BRODART ADULT AND CHILDREN BOOKS 222300 8/19/08 1,014.94 CALIFORNIA LIBRARY ASSOC. CALIFORNIA LIBRARY ASSOCIATION 222301 8/19/08 165.00 CITY OF NATIONAL CITY OUT OF STATE SALES TAX 222302 8/19/08 21.71 KELLEY BLUE BOOK REFERENCE BOOKS 222303 8/19/08 124.35 MIDWEST TAPE DVI)'S/VIDEOS/PROCESSING SUPPLIES 222304 8/19/08 15.98 1ULTIMEDIA EDUCATIONAL SVCS BILINGUAI, CITIZENSHIP TEST 222305 8/19/08 64.16 NOLO PRESS. INC. REFERENCE BOOKS 222306 8/19/08 28.60 NYE REIMB FOR MATT NYE(CHILDREN'S) 222307 8/19/08 193.99 OMNIGRAPHICS, INC. REFERENCE BOOKS 222308 8/19/08 55.85 RANDOM HOUSE, INC. REFERENCE BOOKS 222309 8/19/08 268.61 STRATACOM MOP#63845 BUSINESS CARD IMPRINTS 222310 8/19/08 31.54 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 222311 8/19/08 378.00 WORLD BOOK SCHOOL AND LIBRARY WORLD BOOK ON-LINE DATABASE 222312 8/19/08 495.00 CORPORATE EXPRESS HAMMERMILL LASER PRINT PAPER 222313 8/19/08 259.70 ARMOUR 'TRAVEL (AMERICORPS CNCS, YR5) 222314 8/19/08 44.46 AT & T MOBILITY WOW CELL PRONE. 222315 8/19/08 419.77 BAKER & TAYLOR GIVE AWAY BOOKS - WOW MOBILE 222316 8/19/08 582.50 BHINDER TRAVEL (AMERICORPS CNCS YR5 222317 8/19/08 28.08 BRODART GIVEAWAY BOOKS 222318 8/19/08 691.17 CITY OF NATIONAL CITY OUT OF STATE TAXES 222319 8/19/08 3.75 'DOPER 'TRAVEL (AMERICORPS CNCS, YR5) 222320 8/19/08 1,622.74 1 2 of '6 - I1gCORPORATEO WARRANT REGISTER # 8 8/19/2008 Payee Description chk no chk date Amount CORDOVA TRAVEL (AMERICOPRS CNCS, YR5) 222321 8/19/08 15.85 CORPORATE EXPRESS SUPPI.IES FOR LITERACY OFFICE 222322 8/19/08 998.43 DISCOUNT SCHOOL. SUPPLY CRAFT MATERIALS 222323 8/19/08 1,742.54 FARRAND (AMERICORPS CNCS. YR5) 222324 8/19/08 25.00 GOLDSBOROUGH TRAVEL. (AMERICORPS CNCS YR5 222325 8/19/08 28.26 HAYES TRAVEL (AMERICORPS CNCS/YR50 222326 8/19/08 60.00 LITERACYWORKS LIVING ALLOWANCE FOR AMERICOPRS 222327 8/19/08 50,000.00 LOZIER TRAVEL (AMERICORPS CNCS YRS) 222328 8/19/08 57.03 MADISON-BELL. TRAVEL (AMERICORPS CNCS, YR5) 222329 8/19/08 33.63 MARSUTALL TRAVEL (AMERICORPS CNCS, YR5) 222330 8/19/08 238.6F MCCULLOUGH TRAVEL (AMERICORPS CNCS YR5 222331 8/19/08 155.61 MIDWEST TAPE DVDNIDEOS/PROCESSING SUPPLIES 222332 8/19/08 45.88 NATIONAL PEN SUPPLIES-LITERACY/CHILI COOK -OFF 222333 8/19/08 450.81 NEW READERS PRESS BOOKS FOR LITERACY DEPARTMENT. 222334 8/19/08 22.67 NUNEZ TRAVEL 222335 8/19/08 487.04 PAULISSEN TRAVEL (AMERICORPS CNCS YR5 222336 8/19/08 76.05 QUINTAL TRAVEL. (AMERICORPS CNCS YR5 222337 8/19/08 23.34 SHAFFER TRAVEI. (AMERICORPS CNCS, YR5) 222338 8/19/08 18.00 SINAVSKY TRAVEL. (AMERICORPS CNCS YR5) 222339 8/19/08 67.03 SMART & FINAL MATERIALS -LITERACY PROGRAMS 222340 8/19/08 101.53 SOSA TRAVEL (AMERICORPS CNCS YR5) 222341 8/19/08 30.39 SPRINT VIDEO CONFERENC[NG 222342 8/19/08 28.99 STRATEGIC RESOURCE COMPANY/ AMERICORPS HEALTHCARE 222343 8/19/08 1,968.00 SUNDBLOM TRAVEL (AMERICORPS CNCS, YR5) 222344 8/19/08 ' 69.64 VOGEI. TRAVEL (AMERICORPS CNCS YR5 222345 8/19/08 54.9c 2 3 of 6 ;ATVi INCORPORATED WARRANT REGISTER # 8 8/19/2008 Payee Description chk no chk date Amount WASHINGTON TRAVEL (AMERICORPS CNCS YR5 222346 8/19/08 410.11 WICK TRAVEL (AMERICORPS CNCS, YR5) 222347 8/19/08 184.50 WIDMAR TRAVEL (AMERICORPS CNCS, YR5) 222348 8/19/08 64.35 WILDER TRAVEI. (AMERICORPS CNCS YR5 222349 8/19/08 44.40 WILLIAMS TRAVEL (AMERICORPS CNCS YR5 222350 8/19/08 87.04 XEROX CORPORATION BASE CIIGS/OVERAGES 222351 8/19/08 1,332.67 YANG 'TRAVEL. (AMERICORPS CNCS YR5 222352 8/19/08 183.69 1800-RADIATOR RADIATOR 222353 8/19/08 155.51 ARJIS ARJIS COSTS, JPA COSTS. ARJIS 222354 8/19/08 66,562.00 RROWHEAD FORENSIC PRODUCTS 1,AB SUPPLIES 222355 8/19/08 4,669.61 BAY CITY ELECTRIC WORKS, INC. ENGINE BLOCK HEATER 222356 8/19/08 231.53 BEST BEST & KRIEGER L1,P LIABILITY CLAIM COSTS 222357 8/19/08 26,132.98 BEST BEST & KRIEGER I,I,P PERSONNEL. ISSUES 222358 8/19/08 645.00 BLUE MOON ADVERTISING INC. AD FOR ANNUAL BAYFRONT CONCERT 222359 8/19/08 1,250.00 C A P F FIRE/LTD AUGUST 2008 222360 8/19/08 640.00 CALIFORNIA LAW ENFORCEMENT PD/LTD AUGUST 2008 222361 8/19/08 1,774.50 CALPELRA 33RD ANNUAL. TRAINING CONE 222362 8/19/08 885.00 CHILDREN'S HOSPITAI. CHILD SEXUAL ABUSE EXAMS 222363 8/19/08 787.00 CHOICEPOINT AUTO TRACK DATABASE - JULY 2008 222364 8/19/08 200.00 CITY OF CHULA VISTA S D CONSORTIUM TRAINING 222365 8/19/08 2,325.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES - PD 222366 8/19/08 441.43 COUNTY OF SAN DIEGO SHARE OF PARKING CITATION - PD 222367 8/19/08 4,164.50 COUNTY OF SAN DIEGO HAZ MAT PERMIT, BASE FEE, NON-MED 222368 8/19/08 1,525.00 DAPPER TIRE COMPANY TIRES 222369 8/19/08 1,830.69 )ATA TICKET INC PC PROCESSING, APPEALS - MAY 08 222370 8/19/08 752.10 3 4 of 6 tare ORPOtt ATED WARRANT REGISTER # 8 8/19/2008 Payee Description chk no chk date Amount DELL COMPUTER CORPORATION COMPUTER SOFTWARE 222371 8/19/08 1,675.40 DELL MARKETING CORP SERVER, QUAD CORE PROCESSOR 222372 8/19/08 11.650.17 DELTA DENTAL DENTAL INS AUG 2008 222373 8/19/08 15,166.23 DELTACARE (PMI) DENTAL INS PMI AUG 2008 222374 8/19/08 3,300.69 DISCOUNT SPECIALTY CHEMICALS CIIERRY-MAL ODOR COUNTERACTANT 222375 8/19/08 1,303.69 ENVIRONMENTAL HEALTH COALITION ENV IIEAI.TH - JUNE 2008 222376 8/19/08 29,260.51 ESGIL CORPORATION PLAN CHECK SERVICES JULY 2008 222377 8/19/08 4,571.84 FEDEX TRANSPORTATION CHARGES - PD 222378 8/19/08 129.68 FEDEX TRANSPORTATION CHARGES - FIN 222379 8/19/08 36.29 FEDEX TRANSPORTATION CIIARGES - FIN 222380 8/19/08 25.6z FEDEX TRANSPORTATION CHARGES - FIN 222381 8/19/08 25.64 G & A AUTO AIR CONDITIONING REAR CONDENSOR FAN MOTOR 222382 8/19/08 948.66 IIEALTH NET IIEALTH INS H0067A AUG'08 222383 8/19/08 67,445.49 HEALTH NET HEALTH INS AUG 2008 57135J 222384 8/19/08 1,028.91 HEALTH NET HEALTH -FULL NETWORK 57135A 222385 8/19/08 10,431.41 HEALTH NET HEALTH-RET INS H0067F AUG'08 222386 8/19/08 2,830.85 HINI)ERLITER DE LLAMAS & ASSOC AUDIT SVCS - TRANSACTIONS TAX 222387 8/19/08 13,171.94 HYA'IT REGENCY ORANGE COUNTY RESERVATION - PDSI CONFERENCE 222388 8/19/08 1,010.82 KAISER FOUNDATION ILEALTH PLANS KAISER INS ACTIVE AUG 2008 222389 8/19/08 136,1 16.41 KAISER FOUNDATION HEALTH PLANS KAISER RET INS AUG 2008 222390 8/19/08 4,325.40 KIWANIS CLUB OF NATIONAL CITY KIWANIS CLUB DUES - PD 222391 8/19/08 94.00 KOCII ARMSTRONG GENERAL JULY 2008 SERVICES 222392 8/19/08 508,656.20 LASER SAVER INC 111'4000 (27X) COMPATIBLE 222393 8/19/08 146.71 LEXIS-NEXIS ONLINE CHARGES FOR JULY 2008 222394 8/19/08 378.40 LOPEZ TRANSLATION SVCS 08/05/08 222395 8/19/08 100.0( 4 Payee MAINTEX, INC. MYERS TIRE SUPPLY NATIONAL CITY ROTARY CLUB PACIFIC AUTO REPAIR PEPPERBALL TECHNOLOGIES, INC. PERRY FORD PMW ASSOCIATES PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM 1DISSON HOTEL-SACRAMENTO RELIANCE STANDARD RODRIGUE/. RON BAKER CIIEVROLET S.D. COUNTY SHERIFF'S DEPT. SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SAN DIEGO TROLLEY INC SAN DIEGO TROLLEY INC SAN DIEGO UNION TRIBUNE NATO INCORPORATED WARRANT REGISTER # 8 8/19/2008 Description JANITORIAL SUPPLIES FUEL SURCHARGE MEMBERSHIP DUES -LUNCHES - PD LABOR, SAFETY INSPECTION ARMORER CERTIFICATION-W PHILLIPS REPLACE INTAKE MANIFOLD ADV POLICE MGMT SEMINAR MOP 45742 TOWELS - PD SERVICE PERIOD 08-08-3 RESERVATION - E DIAZ, HAZ MAT VTL AUGUST 2008 REFUND NOT REQUIRE BUS LICENSE LABOR, REPLACE TRANSFER CASE USE OF SHERIFF'S RANGE FOR SWAT BASIC TRAFFIC ACCIDENT INVESTIGATION BASIC POLICE ACADEMY DEFENSIVE TACTICS BLDG SEARCHES MOP 45753 K9 PET FOOD SUPPLY - PD FLAGGING SERVICES FLAGGING SERVICES ONE YEAR SUBSCRIPTION - ATTY SD COUNTY MOTOR OFFICERS ASSOC POLICE MOTORCYCLE TRAINING SDG&E SEWARD ')I.ANO PRESS BOOKS FACILITIES DIVISION SHOOTING INVESTIGATIONS - PD SOLANO-CA ENVIRONMENTAL I.AW 5 of 6 chk no chk date Amount 222396 8/19/08 3,455.52 222397 8/19/08 214.70 222398 8/19/08 10.00 222399 8/19/08 1,570.38 222400 8/19/08 790.00 222401 8/19/08 1,062.93 222402 8/19/08 374.00 222403 8/19/08 141.46 222404 8/19/08 32,811.70 222405 8/19/08 668.04 222406 8/19/08 2,353.63 222407 8/19/08 338.00 222408 8/19/08 1,281.40 222409 8/19/08 200.00 222410 8/19/08 40.00 222411 8/19/08 120.00 222412 8/19/08 10.00 222413 8/19/08 91.58 222414 8/19/08 52.49 222415 8/19/08 21.75 222416 8/19/08 161.48 222417 8/19/08 200.00 222418 8/19/08 33,919.76 222419 8/19/08 640.00 222420 8/19/08 96.53 5 Payee STRATACOM SUN BADGE COMPANY INC. SWEETWATER AUTHORITY T1ENG VIET SAN DIEGO TRISTAR RISK MANAGEMENT UNION TRIBUNE PUBLISHING (:0 UNION -TRIBUNE PUB. CO. US STERLING CAPITAL CORP VCA MAIN ST ANIMAL HOSPITAL WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY ZEPEDA WARRANT REGISTER # 8 8/19/2008 Description MOP 63845 BUSINESS CARDS - PLANN REPAIR, REI3ANNER/BADGES PARK DIVISION WATER NOTICE OF ELECTION 2008 WORKER'S COMP REPLENISHMENT LEGAL NOTICES AD JULY 08 PUBLICATION OF PLANNING C(MISSION TRADE SETTLING CI-IRGS JUL 2008 K9 VET CARE CA CONSTRUCTION LAW MANUAL MOP 45763 MINOR EQUIPMENT - CS DEPOSIT REFUND 6 of 6 chk no chk date Amount 222421 8/19/08 195.76 222422 8/19/08 135.97 222423 8/19/08 315.39 222424 8/19/08 30.00 222425 8/19/08 54,321.03 222426 8/19/08 777.60 222427 8/19/08 1,395.20 222428 8/19/08 396.27 222429 8/19/08 32.48 222430 8/19/08 220.7E 222431 8/19/08 9.57 222432 8/19/08 156.00 Total $ 1,307,468.37 Grand Total 1,307,468.37 6 INCORPORATED Warrant Register # 8 8/19/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 154 STATE PUBLIC LIBRARY FUND 166 NUTRITION 198 PROPERTY EVIDENCE SEIZURE 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 277 NC PUBLIC LIBRARY DONATIONS FUND 294 HUD HEALTHY HOMES GRANT 307 PROPOSITION A" FUN'L 320 LIBRARY GRANTS 346 PROP 18 FUND 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 630 OFFICE EQUIPMENT DEPRECIATION 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 731 CONSTRUCTION AND DEMOLITION DEBRIS 542,692.55 2,456.56 539.94 1,008.14 1,014.00 4,571.84 897.55 241.65 581.92 4,353.95 -370.97 416.25 458.15 29,260.51 500, 000.00 62,465.17 8,656.20 704.20 420.84 373.73 33, 922.79 80,454.01 5,286.21 10,531.12 2,607.49 5,465.11 8,303.46 156.00 Total 1,307,468.37 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 16, 2008 17 AGENDA ITEM NO. ITEM TITLE Warrant Register #9 for the period of 08/20/08 through 08/26/08 in the Amount of $1,598,941.75 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 08/20/08 through 08/28/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Esgil Corporation 222472 70,555.71 Inspections Public Emp Ret 222511 271,880.35 Emp Ret Sys PPE 08/11/08 J CEnvironmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,598,941.75 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #9 ATTACHMENTS ( Listed Below ) L. Resolution No. A-200 (Rev. 7/03) 1/3 PAYEE CCHMC REILLY AIRGAS-WEST ALL FRESH AMERICAN ROTARY BROOM CO., INC Voided AT&T/MCI AT&T/MCI BARRIO LOGAN COLLEGE INSTITUTE BCM CUSTOMER SERVICE BLACKIE'S TROPHIES AND AWARDS BLAUER TACTICAL SYSTEMS BLUE MOON ADVERTISING INC. BOOT WORLD CA ASSOC FOR LOCAL ECONOMIC CA SOCIETY OF MUNICIPAL CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY 2OLYN ST. CLAIR .RQUEST AUTO PARTS CINGULAR WIRELESS CITY OF CHULA VISTA CITY OF NATIONAL CITY CLEAN HARBORS CLF WAREHOUSE COMPUTER PROTECTION TECH.,INC CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D-MAX ENGINEERING INC DESROCHERS DION INTERNATIONAL TRUCK INC. DIONELA DIXIELINE LUMBER CO. DREW FORD EMERGENCY EQPT. ENGINEERING ENVIRONMENTAL SPRAY SYSTEMS IN EQUIFAX INFORMATION SVCS ESGIL CORPORATION ESRI EXPERIAN EXPRESS TEL cEDEX SEX KINKO'S �RGUSON ENTERPRISES, INC GM ROOFING AND MAINTENANCE INC GMAC :+�q --�* 1 18$'87. INCORPORATED WARRANT REGISTER # 9 8/26/2008 DESCRIPTION REGISTRATION FOR ENGINEER DIAZ PROFESSIONAL SERVICES HELIUM FOOD MOP #62683 SWEEPER REPAIRS AT&TMCI PHONE XXX-7549 PHONE XXX-0986 08/07 - 09/06/08 PHONE XXX-6700 2ND ANNUAL SCHOLARSHIP LUNCHEON DATA CENTER HVAC MAINTENANCE MOP 67727 NAME TAGS - PD CBQ/SPEAR FOR TRAINERS - PD AD FOR ANNUAL BAYFRONT CONCERT MOP64096 BOOTS - GISH & MCDANIE MEMBERSHIP RENEWAL 07/08-07/09 CSFMO FY08-09 BUDGET AWARD BREAD PRODUCTS MOP #45754 REPIN EXTERIOR DOORS MOP #45698 ELECTRICAL MATERIALS MISSION STATEMENT PRINTED/FRAMED MOP47557 BRAKE WHEEL CYLINDER PD WIRELESS 07(06-08/05/08 JUNE 2008 SERVICES PETTY CASH FOR JULY 2008 HAZARDOUS WASTE PICK UP FOR FISCAL 1 222457 AIR FILTERS 222458 CITY HALL - MISTUBISHI 20KVA UPS TEAL FILE FOLDERS FOR PD EMISSION FEE PER RULE MAIL PROCESSING SVCS 06/16-07/15/08 DEPOSIT#1214 - CONDOMINIUMS RETIREMENT BENEFIT - JUL 2008 LABOR, REPLACED AIR MANIFOLD CLAIM:DIONELA E. - N C FILE MOP #45707 PLUMBING MATERIALS MOP #49078 HANGER & BRACKETS FLASHLIGHT, STINGER BINKS P/N SPRAY GUN CREDIT BACKGROUND CHECK FOR S8 PLAN CHECK SERVICES ARC VIEW CREDIT CHECKS FOR NEW PD EMP LONG DISTANCE 07/20-08/20/08 FEDEX STANDARD OVERNIGHT - FIN POSTCARDS MOP #45723 PLUMBING MATERIALS ROOF INSPECTION AND REPORT S8 OFFICE SPACE RENT - AUG 2008 CHK NO DATE AMOUNT 222433 8/21/08 375.00 222434 8/21/08 3,716.76 222435 8/26/08 23.14 222436 8/26/08 2,050.25 222437 8/26/08 229.74 222438 8/26/08 0.00 222439 8/26/08 5,263.70 222440 8/26/08 14.94 222441 8/26/08 65.00 222442 8/26/08 369.76 222443 8/26/08 21.76 222444 8/26/08 750.00 222445 8/26/08 1,250.00 222446 8/26/08 436.15 222447 8/26/08 80.00 222448 8/26/08 50.00 222449 8/26/08 306.00 222450 8/26/08 380.99 222451 8/26/08 530.67 222452 8/26/08 581.85 222453 8/26/08 10.85 222454 8/26/08 2,623.21 222455 8/26/08 23,959.00 222456 8/26/08 1,301.33 8/26/08 1,999.00 8/26/08 153.34 222459 8/26/08 2,420.00 222460 8/26/08 2,454.47 222461 8/26/08 367.00 222462 8/26/08 3,357.35 222463 8/26/08 1,002.50 222464 8/26/08 220.00 222465 8/26/08 993.61 222466 8/26/08 308.17 222467 8/26/08 47.31 222468 8/26/08 108.47 222469 8/26/08 243.02 222470 8/26/08 4,127.94 222471 8/26/08 50.88 222472 8/26/08 70,555.71 222473 8/26/08 730.63 222474 8/26/08 27.48 222475 8/26/08 397.75 222476 8/26/08 23.20 222477 8/26/08 239.56 222478 8/26/08 1,047.25 222479 8/26/08 825.00 222480 8/26/08 7,111.44 2/3 PAYEE GRAINGER HAMILTON MEATS & PROVISIONS HODGES HUNTER'S NURSERY INC. HUSK PARTNERS HYDRO-SCAPE PRODUCTS INC. IKON OFFICE SOLUTIONS INTERNATIONAL CODE COUNCIL INC JACOBSON LACAL EQUIPMENT, INC. LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LINCOLN EQUIPMENT INC. LOPEZ MAXIMUS, INC. MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE MOTIVATIONAL SYSTEMS INC N C CHAMBER OF COMMERCE NACOLE NEXUS INTEGRATED SOLUTIONS OCANA ONE SOURCE DISTRIBUTORS ORCUTT PADRE JANITORIAL SUPPLIES, INC PARTS PLUS AUTOSTORE #711 PATRICIA L SANTOS DBA PERRY FORD PHILLIPS PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM R.J. SAFETY SUPPLY RICK ALGA APPRAISAL SERVICE RON BAKER CHEVROLET ROUNDS RUSSELL SAM'S ALIGNMENT SASI SD BMW MOTORCYCLES SDG&E SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTHLAND AUTO BODY SOUTHWEST SIGNAL SERVICE, INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO SYSCO SAN DIEGO THE STAR NEWS C A IJ I Rana.'-�* N'' Cierir XNCORPOR.ATED WARRANT REGISTER # 9 8/26/2008 DESCRIPTION MOP 65179 GLOVE,LEATHER - CS MEAT PRODUCTS BUSINESS MEMBERSHIP REIMB MOP45719 PURPLE LEAF PLUM TREES CONSULTING SRVCS JUL-AUG 2008 MOP #45720 PLUMBING MATERIAL MAINTENANCE- RICOH DUPLICATOR ICC CODE BOOKS REFUND OF DUPLICATE PAYMENT LH REAR FENDER CONFERENCE -LONG BCH-R MORRISON CONFERENCE - LONG BCH- F PARRA REPLACEMENT INLET COVER PLATE TRANSLATION SVCS 08/19/08 CDC USERS FEE STUDY 2008 MILK PRODUCTS LINEN SUPPLIES CITY HALL SIGNAGE BAYFRONT EXPO MEMBERSHIP & SUBSCRIPTIONS IN-HOUSE MAINTENANCE/SERVICE TRAVEL EXPENSE REIMB - FINANCE MOP67256 GLASSES,SENSOR TESTER SANDPIPA EDUCATION DAY - ATTY JANITORIAL SUPPLIES MOP64943 BRAKE PADS/SHOES/SEALS COMMUNITY BENEFIT LOAN MOP #45703 FAN BLOWER REPAIRS OFFICER SAFETY PURPOSES - PD MOP #45742 UNIFORMS - PARKS SERVICE PERIOD 08/08/3 HARD HAT, SHADE FOR REG BRIM CLAIM:APPRAISAL REP - JACOBSON F-PLATE ADVANCED POLICE MANAGEMENT DEPOSIT#844 2221 E 16TH ST RACK & PINION CHARGES FLEX SPENDING REPAIRS & MAINTENANCE STREET DIVISION MOP 45756 REFRESHMENTS - PD MOP #45758 ULTRA LOW SULFUR LABOR, BODY REPAIRS TRAFFIC SIGNAUSTREET LIGHTING FACILITIES DIVISION FOOD FOOD/CONSUMABLES AD BIDS CHK NO DATE AMOUNT 222481 8/26/08 1,023.66 222482 8/26/08 3,529.79 222483 8/26/08 100.00 222484 8/26/08 105.49 222485 8/26/08 15,000.00 222486 8/26/08 1,030.52 222487 8/26/08 125.00 222488 8/26/08 18.06 222489 8/26/08 35.00 222490 8/26/08 1,099.60 222491 8/26/08 475.00 222492 8/26/08 475.00 222493 8/26/08 131.05 222494 8/26/08 150.00 222495 8/26/08 18,575.00 222496 8/26/08 647.40 222497 8/26/08 113.34 222498 8/26/08 2,499.93 222499 8/26/08 1,000.00 222500 8/26/08 350.0( 222501 8/26/08 4,936.10 222502 8/26/08 152.12 222503 8/26/08 85.04 222504 8/26/08 48.55 222505 8/26/08 483.36 222506 8/26/08 445.92 222507 8/26/08 3,326.40 222508 8/26/08 844.22 222509 8/26/08 250.00 222510 8/26/08 534.62 222511 8/26/08 271, 880.35 222512 8/26/08 300.51 222513 8/26/08 173.00 222514 8/26/08 1,930.96 222515 8/26/08 372.00 222516 8/26/08 1,443.13 222517 8/26/08 596.01 222518 8/26/08 423.00 222519 8/26/08 1,300.65 222520 8/26/08 1,373.88 222521 8/26/08 247.73 222522 8/26/08 115.50 222523 8/26/08 179.42 222524 8/26/08 9,955.92 222525 8/26/08 33,760.4t 222526 8/26/08 6,096.83 222527 8/26/08 1,387.86 222528 8/26/08 67.50 3/3 PAYEE TOM MOYNAHAN TURNER'S PORTABLE WELDING UNDERGROUND SERV ALERT VERIZON WIRELESS VISTA PAINT WATERLINE TECHNOLOGIES WILLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD WOOD & WOOD PAYROLL Pay period Start Date 17 7/29/2008 NAT it 1-s 18 87 7CITIr �' •NCORPORA'rED WARRANT REGISTER # 9 8/26/2008 DESCRIPTION MOP #45734 TOWING CHARGE SWEEPER REPAIRS & SERVICE UNDERGROUND SVC ALERT CHGS CELL PHONES 06/22-07/21/08 POWERTWIN 8900XLT; GRAFFITI MUNICIPAL POOL CHEMICALS MOP 45763 AA BATTERIES - PD CLAIM:A. FLORES V. J C PENNEY CLAIM:FRISBIE V. CITY OF NC CLAIM:GONZALEZ V. OFFICER ONE End Date Check Date 8/11/2008 8/20/2008 CHK NO DATE AMOUNT 222529 8/26/08 50.00 222530 8/26/08 1,150.31 222531 8/26/08 274.50 222532 8/26/08 4,512.04 222533 8/26/08 3,232.50 222534 8/26/08 2,917.82 222535 8/26/08 494.81 222536 8/26/08 8,099.00 222537 8/26/08 1,583.36 222538 8/26/08 1,194.95 A/P Total 555,905.37 AIP Total 1,043,036.38 555,905.37 GRAND TOTAL $ 1,598,941.75 +�-- CALIf NIA —f NT etry. Ll _NC0e� if ED Warrant Register # 9 8/26/2008 001 GENERAL FUND 1,059,664.21 104 LIBRARY FUND 30,008.57 105 PARKS MAINTENANCE FUND 24,571.32 109 GAS TAXES FUND 3,551,31 111 P.O.S.T. FUND 372.00 120 PLAN CHECKING REVOLVING FUND 70,555.71 125 SEWER SERVICE FUND 19,414.50 136 TINY TOT CLASSES FUND 94.32 158 SWIMMING POOL REVOLVING FUND 2,275.00 166 NUTRITION 16,614.25 172 TRASH RATE STABILIZATION FUND 3,632.07 173 NATIONAL SCHOOL DIST CONTRACT 937.63 174 SWEETWATER SCHOOL DIST CONTRAC 4,255.35 191 STOP PROJECT 2,725.31 211 SECURITY AND ALARM REGULATION FUND 1,062.11 212 PERSONNEL COMPENSATION FUND 23,628.49 230 ABANDONED VEHICLE ABATEMENT GRANT 1,530.69 246 WINGS GRANT 4,712.69 282 REIMBURSABLE GRANTS CITYWIDE 134.81 290 POLICE DEPT GRANTS 2,466.14 294 HUD HEALTHY HOMES GRANT 86.98 302 CDC PAYMENTS 163.86 307 PROPOSITION A" FUND 10,637.14 320 LIBRARY GRANTS 6,095.08 345 TRAFFIC CONGESTION RELIEF 20,000.00 360 CAPITAL PROJECT - REDEVELOPMENT FUND 10,311.70 502 SECTION 8 FUND 27,784.41 511 TAX INCREMENT FUND 102,163.45 522 LOW/MODERATE HOUSING FUND 1,419.94 626 FACILITIES MAINT FUND 56,252.37 627 LIABILITY INS. FUND 15,029.67 628 GENERAL SERVICES FUND 7,512.20 629 INFORMATION SYSTEMS MAINTENANC 6,804.92 631 TELECOMMUNICATIONS REVOLVING 20,230.23 632 GENERAL ACCOUNTING SERVICES 19,591.72 643 MOTOR VEHICLE SVC FUND 20,205.97 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 2,445.63 Total 1,698,941.75 City of National City, California COUNCIL AGENDA STATEMENT 18 .MEETING DATE September 16, 2008 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING CITY COUNCIL POLICY NO. 805 PERTAINING TO FACILITY USE GUIDELINES AND REGULATIONS FOR USE OF THE KIMBALL SENIQR CENTER, CASA DE SALUD, AND RECREATION CENTERS PREPARED BY Kaseem Baker DEPARTMENT Community Services Phone: (619) 336- 274 EXPLANATION This item authorizes the ratification of a new 805 policy. Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the approval of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Environmental Review . N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 805 Policy A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING CITY COUNCIL POLICY NO. 805 PERTAINING TO FACILITY USE GUIDELINES AND REGULATIONS FOR USE OF THE KIMBALL SENIOR CENTER, CASA DEL SALUD, AND RECREATION CENTERS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 805, entitled "Facility Use Guidelines and Regulations for Use of the Kimball Senior Center, Casa Del Salud, and Recreation Centers", is amended as recommended by the Acting Community Services Director. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF KIMBALL SENIOR CENTER, CASA DE SALUD, AND RECREATION CENTERS POLICY NUMBER 805 ADOPTED: Purpose AMENDED OR REVISED: To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the approval of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Kimball Senior Center - Hall - Kitchen 2. Casa de Salud Center - Hall - Kitchen - 2 Class Rooms (for separate rental) 3. Kimball Recreation Center - Hall - Class room 4. Camacho Recreation Center - Class room - Gymnasium S. El Toyon Recreation Center - Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Kimball Senior, Casa de Salud, and Recreation Centers" FACILITY USE GUIDELINES AND REGULATIONS FOR KIMBALL SENIOR, CASA DE SALUD AND RECREATION CENTERS The Kimball Senior, Casa De Salud, and Recreation Centers are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE KIMBALL SENIOR, CASA DE SALUD, AND RECREATION CENTERS City of National City The Facility Use Guidelines and Regulations cover the use of the Kimball Senior, Casa de Salud, and Recreation Centers. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the approval of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 6. Kimball Senior Center - Hall - Kitchen 7. Casa de Salud Center - Hall - Kitchen - 2 Class Rooms (for separate rental) 8. Kimball Recreation Center - Hall - Class room 9. Camacho Recreation Center - Class room - Gymnasium 10. El Toyon Recreation Center - Hall The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 7 Exclusions 7 Applicant Eligibility 8 FACILITY RESERVATIONS 8 Termination of Approved Use 8 RATES 9 SPECIAL RATES 9 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS ..9 Kitchen Deposit Cleaning Deposit Key Deposit FEES 9 Facility Use Fee PAYMENT 10 General Kitchen Cleaning Facility Use KEYS 11 SET-UP DIAGRAM 11 DECORATING .11 RESTROOMS 11 INDEMNIFICATION 11 INSURANCE 12 ALCOHOL REGULATIONS 12 SECURITY 12 SMOKING 12 FINANCIAL STATEMENT 12 LOAN OF FACILITY EQUIPMENT 13 Non -Discrimination ..13 CATEGORIES OF USE — BY PRIORITY Category Use FtOa- )t*'St'dent} Fees (Residents) I. City Events organized or sponsored by the City. NA No Fees II. City employee groups for official meetings. For other than official meetings, functions will be classified by use. OA No Fees 1II. Educational Groups. Educational activities organized by any school located in National City. Cijit;ail '; ;a`is.,.YS tv Custodial Fees IV. Governmental Agencies '''_,'` ` : Custodial Fees V. Civic Groups/Service Groups c P'i p� • Custodial Fees VI. Advocacy. An individual, group, sponsors of a ballot etc. for advocacypurposes, proposition, P rP candidate's forum or a ballot proposition(s) forum. si• .,: : -. ` `i to Custodial Fees VII. Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at Least 70% of its active membership comprised of residents of the City of National City. A non-profit organization is one whose articles of incorporation as non-profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for the payment of these taxes by the State Franchise Tax Board. c' es -,,I, : Custodial Fees VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. = `y 0 , 0 AgggOttlite Custodial Fees Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. 6 CATEGORIES OF USE — FEES AND DEPOSITS Type Fps (Resident) Fees Moo' Resident) Kitchen Deposit t I ' 'obit Cleaning Deposit Facility Use Fee I. City Event Tiostoi. RA None = i None None II. City Employee Group ial NA None • None None III. Educational Group Ctistbdial fees o0iil 4 e ,roved 'I:`, Required Non- waivable Refundable ,-z t�," 2 i •;i,, {' ' " Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies (5111Wial fees . nd Required Non- waivable Refundable ,�` s ,L il.. `' Y? Required Non- waivable Refundable Required Non- waivable Refundable V. Civic/Service Group tfldiol keg gY •t` • i ''k' Required Non- waivable Refundable p Required Non- waivable Refundable Required Non- waivable Refundable VI. Advocacy Group -ti l YN� - 1'?• C9 Required Non- waivable Refundable " Required Non- waivable Refundable Required Non- waivable Refundable VII. Social Group aiWitialjai l sr, a.. , y- . 4 i - Required Non- waivable Refundable :' f : " r-;: Required Non- waivable Refundable Required Non- waivable Refundable VIII. Other to f e<i :1 f w :i �t-- V • :: Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). E) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 7 APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time. Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 8 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the approval of the Community Services Director, resident non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) NON-REFUNDABLE` PEEL Facility Use Fee•in the -amount of $50.00•1s rotwired for non-resident users. 9 PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be 10 made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $.100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-U I Oi .t 'required to SUbmat arm di. of are nsible l ' the . dt i t ac tt ' 5.'o t t tatt i K DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. 11 INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current policy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company with equal financial stability that is approved by the City's Risk Manager. General liability insurance with minimum limits of $1,000,000 with the "City of National City" named as additional insured, and with a "hold harmless" agreement executed for meetings, dances, or dinners. Other activities will be considered on an individual basis. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must also be provided. • Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. • SECURITY Applicants may be required to provide licensed, uniformed and contracted security guardsfor each event at the rate of one (I) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). 12 An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 13 City of National City, California COUNCIL AGENDA STATEMENT 19 MEETING DATE September 16, 2008 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVISING CITY COUNCIL POLICY NO. 803 PERTAINING TO FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL PREPARED BY Kaseem Baker EXPLANATION Phone: (619) 336-4274 DEPARTMENT Community Services This item authorizes City Council 803 policy to be revised. City Council policy 803 was adopted on August 10, 1993 and was created to establish a policy that defines appropriate facility usage and priorities and assign responsibilities for proper scheduling of the Martin Luther King Community Center, Kimball Senior Center, and Casa De Salud. Revisions to the 803 policy include rules and regulations for the new City building, Granger Music Hall, and the allowance of private groups and individuals to reserve this facility. Also, with the creation of the new City Council 805 policy, Kimball Senior Center, Casa de Salud, and all Community Recreation Centers have been removed from the 803 policy. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 803 Policy A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVISING CITY COUNCIL POLICY NO. 803 PERTAINING TO FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 803, entitled "Facility Use Guidelines and Regulations for Use of the Martin Luther King Jr. Community Center and Granger Music Hall", is amended as recommended by the Acting Community Services Director. PASSED and ADOPTED this 16th day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL POLICY NUMBER 803 ADOPTED: August 10, 1993 Purpose AMENDED OR REVISED: September 16, 2008 To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12'h Street 2. Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Senior and Recreation Centers" FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community Center, and Granger Music Hall. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12th Street 2. Granger Music Hall City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 8 Exclusions 8 Applicant Eligibility 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES 10 SPECIAL RATES .10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit ..11 FEES Facility Use Fee 11 PAYMENT 11 General Kitchen Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM .12 DECORATING 12 RESTROOMS ..13 INDEMNIFICATION ...13 INSURANCE 13 ALCOHOL REGULATIONS 13 SECURITY 14 SMOKING 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT ..14 Non -Discrimination 15 CATEGORIES OF USE - BY PRIORITY Category Use Fees Required Approval I. City Events organized or sponsored by the City. No Fees Community Services Director II. City employee groups for official meetings. For other than official meetings, functions will be classified by use. Custodial Fees Community Services Director Educational Groups. Educational activities organized by any school located in National City. Council Approved Rate City Council IV. Governmental Agencies Council Approved Rate City Council V. Civic Groups/Service Groups Council Approved Rate City Council VI. Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate City Council VII. 6 Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for the payment of these Council Approved Rate City Council taxes by the State Franchise Tax Board. VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. Council Approved Rate City Council XI. Private. National City residents who would like to use Granger Hall for weddings, parties, and special events. Council Approved Rate City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. 7 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees . None None None None None II. Employee Group Custodial fees None None None None None III. Educational Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Council - Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VI. Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VIII Other Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable XI. Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 8 APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 9 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations- A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate c harged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) 10 Key Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current policy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company with equal financial stability that is approved by the City's Risk Manager. General liability insurance with minimum limits of $1,000,000 with the "City of National City" named as additional insured, and with a "hold harmless" agreement executed for meetings, dances, or dinners. Other activities will be considered on an individual basis. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must also be provided. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. • ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must be provided. 13 If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. The designated alcohol server must also be 21 years of age or older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. • Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City. within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) 14 Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 15 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2008 AGENDA ITEM NO. 20 ITEM TITLE TEMPORARY USE PERMIT — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's Church on October 5, 2008 at the Parish Grounds located on 8th & E. from 7 a.m. to 6:30 p.m. with no waiver of fees. PREPARED BY Joe Olson, 336-4548 DEPARTMENT Neighborhood Services EXPLANATION This is a request from St. Mary's Church to conduct the 2008 St. Mary's Fall Festival & Fund Raiser event at their Parish Grounds on 8th & E. Ave. on October 5, 2008. This event features approximately 20 vendor booths, including food booths, Knight's of Columbus, and religious booths. In addition to a request for N.C.S.V. and Reserves, internal security will be provided by St. Mary's Church. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $449.00 for the Fire permits. Total fees are $794.00. Approved By: Finance Director 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 NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Mary's Church EVENT: St. Mary's Fall Festival & Fund Raiser DATE OF EVENT: October 5, 2008 TIME OF EVENT: 7 a.m. to 6:30 p.m. APPROVALS: PLANNING/BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY A'ITORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) 1 FIRE (619) 336-4550 1. Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2. Fire Hydrants shall not be blocked or obstructed. 3. Fire Department access into and through the festival 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. 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: IOBC 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. Please see attached example. 7. All cooking booths or areas to have one 2A:10BC fire extinguisher. 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. Please see attached example. 8. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 10. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid directly to the National City Fire Department Administration offices prior to event. 11. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. . 12. 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 Fire 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 be waived by the City Council. 13. First Aid will be provided by the organization. 14. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. Z Type of Event: Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening Event Title: ft; i .icit., 6 �� Event Location: Y y__Ik ..tik_c p+,.\. Event Date(s): From 16_5_01-10_6_1) Total Anticipated Attendance:a_ LA.5 lei,. Month/Day/Year(_ Participants) __Spectators) /Festival Circus Other _ _ Community Event Block Party Actual Event Hours.` arnlpm to 1'3Fy _ a Setup/assembly/construction Date: 1t}„ Stari time: ta_.61,. Please describe the scope of your setup/assembly work (specific details) aei"'x_p asaikAD‘ CAA 13(70 1/41,8A CX,1AGL eii��c. Dismantle Date: y &btA, Completion Time: am pm) te -De 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. 16.s rxre. Sponsoring Organization. (CM S 1 .i.tk1,al,tc._1_1 -CJl For Profit tNot-for-Profit Chief Officer of Organization (Narne) �J�,�' �� h Applicant (Name) Address sue' i�"" SV -re eJ- .. - 1 = — Daytime Phone IA) _Litt � livening Phone (es (ontac:l Person on site' day of the event �'� 0 (Alt. (�. €:_k(?- NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Ai,' 3 Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant tees required? YES 'E. NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of,this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Via o ex70 Fliv, 1,1107e, tqleroAkjiPoiiit, Akcitiloc t ot-k , * i L 5GO t bbo SaW titiG Cl ) 1:10-gliks b 110 i r� insQ-re.r„ -q.k_c-to,5() cfL tosfo..rn l f ;; �JO If the evens involves the sale of cars. will the cars come exclusively from National City .car dealers? If NC), list any additional dealers involved in the s2le • " ... , YES !NO Does the event involve the sale or use of alcoholic beverages? N/YES _ NO Will items or services be sold at the event? If yes, please describe „At, a. 50gt- t 1,4:5-, YES VINO oes the event � n olvb 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 INO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 74 11YES 40 Does the event involve the use of tents or cano ies? If ES: , � Number of tent/canopies _. ).. Sizes { f a,UiUW , tlk--tom NOTE A sepparate Fire De �(� mennt permit is re uir d for tenter nopie Cj� jbtY ..7G eWMV�a-'V_CUtY : : WP\C'- _ YES _. 0 Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas `��i Please describe how food will be served at the event OOL-NWL \ q,` 13004' \�t� Lk� 8r If yo intend to ok food in thevent area please specify the method: GAS _ VELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures i Scaffolding, bleachers, platforms;stages, grandstands or related structures Vehicles and/or trailers f. ✓ Other related event components not covered above Trash containers and dumpsters (Note: You rnust properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids' Describe your plan for clean-up and removal of waste and garbage during and after the event: ti iar clQo . c- : ` s t� il\ G'�(x.4 fie- ' Czc r El -rail, c e 1 ‘Ij tk,VYt. -c,I' _ e . aC L3 h. To Please describe your procedures for both Crowd Control and Internal Security: 1,3... 5 v V _ _ bk,R.C, Q 0-3 00,We,1 ycovia.e. ow \ia k(iQ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name) Phone: ___ YES — NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. VaviktAikee\Q- iesc'TirStit, U Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: JUti‘icit %AUL' ak--tek, Please describe your plan for DISABLED PARKING \ACIS at&l f rk LIAct C 0 kA, fk,R, lQ Please describe your plans to notify all residents, businesses and churches impacted by the eve : NOT: Nee borhoodl'eedffs must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event' If YES, please state the number of stages, number of bands and type of music. Number of Stages: _ Number of Bands: Type of Music: L 4 _ 4 t _ _ YES �NO Will sound amptification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES Ur NO Will sound checks be conducted prior to the event? If YES, please indicate Start time: ! IJ1L _ prtr Finish Time op _ _ _ _ artni Please describe the sound equipment that will be used for your event. YES -/' NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 11 YES NO Any signs, banners, decorations, special lighting? If YES, please describe: ClaS V‘4.13/1A,k CI ii.V.VCIAtt. VOL k'CkidAkt.5 RVICSL- Revised 081 Ip/fl!, RD-7k. .SZtecor.r�� Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Ki.ithleen f tees, Director Building & Safety Department 8 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization [ ,1��. �� Q_(A koii : 2 vat tXCi4 Person in Charge of Activity b L& - I7 !t C s 1..eA4-c, r, r Address 9a � t j I t sv C o.- cf It.- 6 Telephone g t_ Date(s) of Use 10 .4.5 0 a HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant ?AQTa12- rA: ittI3 sCif/cif 12e4 tom-- 1e 6 Official Title Date For Olhce Use Ooly Certificate of Insurance Approved t)ate Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit • organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed` to Question 3. me of the s onsorin or((h�anizatijjon , ! >L &'v e ( 1 Type of Organization (cbU,G {Service Club, Church, Social Service Agency, etc.1 3. Will the event generate net income or proceeds t the sponsoring organization? l'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. kL__ No (Please proceed to Question 5) Jo 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: Funds were used to: No (P lease sign the form and submit it with the TUP Application) /a< Si9 nature GE— 1 ---a/ Date f ' ire- i iz 00 6i o!4o . T 32c Foadva �� G suf. EAST M/ALL .GrA:re __._�QJ� f�,_ ilLicE 5TrE E RFo _,-ATE. _.. KaoN City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2008 AGENDA ITEM NO. 21 (---- TEM TITLE TEMPORARY USE PERMIT — National City Public Safety Fair hosted by the Police, Fire, and Community Services Departments on October 11, 2008 from 10 a.m. to 2 p.m. at Kimball Park. PREPARED BY Joe Olson, 336-4548 DEPARTMENT Neighborhood Services EXPLANATION This is a request from the Community Services Department to conduct the National City Public Safety Fair at Kimball Park on October 11, 2008. This event consists of law enforcement/public safety displays, with promotional and safety materials. A helicopter will land in the park as part of the display, and public safety vehicles will also be displayed. The NCPD will have a K-9 demonstration and the NCFD will have a vehicle extraction demonstration. This event requires the use of the City's stage, tables, chairs, and wooden stakes. The National City Police Department will he on hand for all security surrounding the event. This event is sponsored by the City of National City, and is thus eligible for a waiver of fees as stated by City Council Policy #804. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through various City departments Finance Director plus $1,291.32 for Public Works and $449.00 for the Fire Permits and Inspection. Total fees: $2,085.32. Per Council Policy 4804, this event qualifies as a National City sponsored event; the fees will be paid out of the non -departmental fund. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Services Dept. EVENT: National City Public Safety Fair DATE OF EVENT: October 11, 2008 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x :l COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING/PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park. The applicant sponsoring organization is the City's Community Services Department so no separate insurance is required. AMR will be providing first aid on site and NCPD will provide any security . My only concern is that the agency performing the helicopter landings provide evidence of insurance of at least $5M per occurrence, $10M aggregate and that the City be named as an additional insured. If the helicopters are being flown by members of a public entity which is self -insured, a letter of self insurance will suffice. I will follow up directly with Maria Wright regarding the aircraft liability coverage. Otherwise, I have no objections to the application. 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. Perimeter for helicopter landings shall be secured prior to landing. 7. Provide a 2A:10BC fire extinguisher at stage. 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. 8. All cooking booths or areas to have one 2A:IOBC. 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. 9. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. 12. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 13. If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, arc to be used, they shall be 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 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 be waived by the City Council. 14. First Aid will be provided by organization. 15. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 16. Provide map of site area. Map to include placement of Fire Department requests. 17. Fees can only be waived by City Council. Z 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 Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should he notified no less than 72 hours prior to the start of the set-up activities for the event. PUI3LIC WORKS Parks Division 1 The cost to provide Park Maintenance Personnel for this event is estimated to be $1,024.76 for stage set-up and breakdown of the standard stage (13x28). • Set up stage, 4 hours @a; $93.15 per hour $ 372.64 • Breakdown stage, 4 hours (cry, $93.15 per hour 372.67 • 2 staff, 3 hrs each 45.58/hr overtime 279.48 • "total Costs $1024.76 Facilities Division: 1 Facilities will have one electrician available. The electrician will do the electrical setups and monitoring. 2. Cost of labor for electrician is as follows: • 8 hours (4 hrs. a.m./4 hrs. p.m.) (i.p, $33.32/hr $ 266.56 Unless waived by the City Council, the applicant shall pay $1,291.32 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $ 1024.76 Facilities Division: $ 266.56 Total: 1 291.32 3 Type of Event: Public Concert _ Parade Motion Picture Fair Demonstration _ Grand Opening Festival Circus Other Event Title: t' - -PO C SA'C-1 4 Cif \ Event Location Event Date(s). From lip l,:aua1 Event Hours: _1_ arr pm to trnG Setup/assembly/constriction Date: i0 Start time: (.0 PM -- Please describe the scope of your setup/assembly work (specific details) Community Event Block Party oe to 10 0 Total Anticipated Attendance: S� __ 7 _ nth/Day/Year ( Participants) (-_. _ - Spectators) s�C - splctls 1to 5 p-`Jtot. :c se,4- ✓cfix ►cleS, _Vylko 0-c g a get. v-1.3 S Dismantle Date: 1.0 jt i (Oe? Completion Time:. L� 1 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. tqA Sponsoring Organization: Nc__ commix." ix." L Chief Officer of Organization (Name) _ ia_Z€ Applicant (Name): Ing K/Lt Address O .... i- S k 4 40) '3/k 7'29Gening Phone ( ojn- .we«11-r Daytime Phone Contact Person -on site" rely of the event Paget/Cellular Fax For Profit Not -for -Profit NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVEN( AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS • Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. _.What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. S'1Tl L kzS \ \cttS /(4)00 /lS `v l9{ cA-- 00 `t1W(a\5LO k ��Q j_ (h) 2 c sc C t/G�r� 1es v ✓\ oQ-rs e (oa c( VickZco e ie PS 0\ 1 c •-� -KR Je.wtiorS ir0-4-i 0'n A ✓6W c_ \ e- -e xkf: �� ► o Yts 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. r YES- NO Does the event involve the sale or use of alcoholic beverages? ,/ YES l—NO Will items or services be sold at the event? It yes, ptease 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. CA YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. %-YES NO Does the event involve the use of lents or canopies? if YES: Number of tent/canopies Sires NOTE: A separate Fire Department permit is required for tents or canopies _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: i Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas Please describe how food will be served at the event If you intend to cook food in the event area please specify the rnethod GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): _ Portable and/or Permanent Toctet Facilities Number of portable toilets: _ _ _ (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs • Fencing, barriers and/or barricades Y Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers Other related event components not covered above Trash containers and eiumpsters (Note You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans .I rat;h containers wrth lids. Describe your plan for cleanup and rc-nwval Of waste and garbage during and after the Print 6 Please describe your procedures for both Crowd Control and Internal Security: J.1CP D 01J S r,i€_ _ YES 7-- NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone YES ! NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: S4(ee Pc,( n� A avc,b(e Please describe your plan tor DISABLED PARKING .5 ;"S SPa • Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4_ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: __ Number of Bands: Type of Music: S YES _ NO Will sound amplification be used? If YES, please indicate: Start time `°n/nm Finish Time 2) YES _XNO Will sound checks he conducted prior to the event? It YES, please indicate: Start tirne: _ _ _ am/pm Finish Time _ am/pm Please describe the sound equipment that will he used for your event. YES 1,110 Fireworks, rockets, or other pyrotechnics? If YES, please describe. YES NO Any signs. banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 8 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Ki)Itik? •n Tr -'e[s, Drreclor 13udrluu9 fi .`>Crfc y Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization c l-tlf CTI'O N A U C E` Person in Charge of Activity Address k -tU 5et-k- Telephone Date(s) of Use to 115(0?) HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private properly, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of A licant —.t b wt _6�_1S Official Tit Date for Office Use Only — — Certificate of insurance Approved Date _ 10 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization C CIN0 N ' kWAL C Type of Organization M UN <<t t7PVL- 6,0 ✓ ' l' (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) V---No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) R 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization ' located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date ()- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16. 2008 AGENDA ITEM NO. 22 /TEM TITLE TEMPORARY USE PERMIT — Dia de la Mujer Latina Festival hosted by San Diego MANA on October 25, 2008 from 11 a.m. to 4 p.m. at Kimball Park with no waiver of fees. PREPARED BY Joe Olson, 336-4548 DEPARTMENT Neighborhood Services EXPLANATION This is a request from San Diego MANA to conduct the Dia de la Mujer Latina Festival at Kimball Park on October 25, 2008 from 11 a.m. to 4 p.m. This event will use the City's stage for live entertainment. Five food booths will be on -site, as will 15 resource booths, including face paintings and crafts. Free mamograms and pap smears will be available at the nearby Boys & Girls Club. Additionally, two (2) mobile vehicles will be on -site, provided by the American Lung Association and the Blood Mobile. Security will be provided by the sponsor. Urban Corps will handle all clean up responsibilities. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $449.00 for the Fire permits and $1,666.86 for Public Works fees. Total fees are $2,460.86. 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 NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: San Diego MANA EVENT: Dia de la Mujer Latina Festival @ Kimball Park DATE OF EVENT: October 25, 2008 TIME OF EVENT: 11:00 a.m. to 4:00 p.m. APPROVALS: PLANNING/BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) FIRE (619) 336-4550 1. Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2. Fire Hydrants shall not be blocked or obstructed. 3. Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 4. Parking lot next to Boys and Girls Club shall maintain fire access. A minimum of 20 foot road width shall be maintained at all times. 5. Fire Department access into and through the festival 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. 6. Fire Hydrants shall not be blocked or obstructed. 7. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 8. Vehicles in roadway arc to move immediately to the right upon approach of emergency vehicle(s). 9. Provide a 2A:IOBC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3'V2' 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. Please see attached example. 10. All cooking booths or areas to have one 2A:1 OBC fire extinguisher. 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. Please see attached example. 11. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 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. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid prior to event. 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 Fire 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 be waived by the City Council. 16. First Aid will be provided by organization 2 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. RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held on City property at Kimball Park from 7 am to 7 pm to accommodate set up and clean up. They anticipate 2000 people in attendance so this is a larger event. The applicant sponsoring organization, Mana de San Diego, has signed the Hold Harmless and Indemnification Agreement; however no insurance certificate has been provided. For this event, we should require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.) aggregate. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to he provided, along with the certificate (acord form) prior to the event. If the organizer does not have insurance, we may be able to procure the coverage through a special events program and bill the organizer but I would prefer to request it from the sponsoring organization first. Two other comments: I see they will have registered nurses from Paradise Valley l lospital to staff the first aid booth. They need to ensure that the nurses are covered either by the hospital or their own liability policies if they provide care. Second, security and crowd control is being provided by Nosotros Recovery Home. Without more information, this is unacceptable. Please ask the organizer(s) to contact me. 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 Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, signed by an authorized agent of the non-profit, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to he determined by the Risk Manager. 3 PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will post "no parking" signs in Parking Lot before the event. 2. Staff will leave barricades for Parks Division Personnel to set out. 3. The cost to provide Street Personnel for this event is estimated to be $49.14. 4. This amount should be paid to the City, unless waived by the City Council • "No Parking" signs, 10 @ $0.45 each • Equipment/Truck hours, 1 @ $12.07 per hour • Man hours, 1 @ $32.57 per hour • Total Costs $ 4.50 12.07 32.57 $ 49.14 Facilities Division 1. Facilities will have one custodian and the electrician available. The electrician will do the electrical set ups and monitoring, along with helping the custodian do event setups and general housekeeping. 2. Cost of labor overtime for 2 men is as follows: • 1 custodian, 9 hours @ $22.26 per hour $200.34 • 1 tradesman, 9 hours @ $33.32 perr hour $299.88 • Total Costs $500.22 Parks Division 1. The event organizers shall provide a trash dumpster for the event. 2. The event organizers shall provide 2 portable toilets. 3. The overtime costs to provide 2 Park Maintenance Personnel for this event is estimated to be: • Set up, 4 hours @ $93.15 per hour $ 372.50 • Breakdown, 4 hours @ $93.15 per hour 372.50 • Overtime, 4 hours @ $93.16 per hour 372.50 • Total Costs $1,117.50 Fees Unless waived by the City Council, the applicant shall pay $1,593.39 for staff costs associated with this permit request. This cost was estimated as follows: Street Division Facilities Division Parks Division Total $ 49.14 $ 500.22 $1,117.50 $1,666.86 Type of Event: Public Concert Parade Motion Picture Event Title: Event Location: Event Date(s): Frorn 10 ?,'to 06 Month/Day/Year Fair Demonstration Grand Opening (,Ve- Lek *j.NDt-k� Actual Event Hours IL_. m to Setup/assembly/construction Date Festival Circus Other Community Event Block Party 1 Total Anticipated Attendance: 4{0 (3 _ (_/Ob Participants) ( gbOSpectators) am Start time Please describe the scope of your setup/assembly work (specific details). Dismantle Date: 1 i) 1u b Completion Time. . _ a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization. Chief Officer of Organization (Name) _ _ Applicant (Name): _ CA Pc Address. Daytime Phone \n2_.. -P. t:LZpU — _ _ C�i Livening Phone Fax _D0�'•D Fax Contact Person -on site do, of the e:w;nt For Profit _ Not -for -Profit -QW'-Sa°6 `! Pii�.leri(;ellult3r lcY NOTE: THIS PERSON MAST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? It YES, please explain the purpose and provide amount(s): YES NO YES '}� NO $� Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Cv Estimated Expenses for this event. _ _ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event'? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. chAdty? At.-t -I'- -�fce11 WL km- i 9441 4;6 L MAMO Irrk5 ?,6is eti, (la,. wi11 1(0 t ) 4)000 rE If the event involves the sale; of cars, will the cars collie exclu sivel•: from National City car dealers" If NO, list any additional dealers invoked in the sale, YES r�YES YES Does the event involve the sale or use of alcoholic beverages? NO Will items or services be sold al the event? If yes, please describe. _ pop ‘306-4-1— _ 3- (' ( T o-o S 4 CT 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 0 Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. ES _ NO Does the event involve the use )f tents or canopies? If YES: Number of tent/canopies Z Sizes /O_ _ / J NOTE: A separate Fire Department permit is required for tents or canopies ES _ _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up.locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas Food Concession and/or Food Preparation areas please describe how food will be served at the event O tA);11 6e Spf,►e rvr� 3 Er If you intend to cook food in the event area please specify the method GAS ELECTRIC _ CHARCOAL )1—OTHER (Specify): RroA060,a� Portable and/or Permanent Toilet Facilities Number of portable toilets. 2—_ (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs '- Fencing, barriers and/or barricades y Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) T- Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above r Trash containers and dumpsters (Note You must property dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) f•lurnber of trash cans Tra ;h containers with his. F)escnhe your plan for clean up and removal et waste and garbage aunriq and altar the evert �uv� a L'+eUk"rJe ('/Kt� as'S, 14y0- - --4- `-� �e 4� Please describe your procedures for both Crowd Control and Internal Security: 4- 6)(.1( h a tr t /1)4,3c41" (CA C, t d t,/ 'L � Mt>' he bui Secu�%�. ei( YES YES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone' O Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: PI ase describe your plan tor DISABLED PARKING: C. ve 11 Le s b,k4-exk 6L. Please describe your plans o notify all residents, businesses and churches impacted by the event: 64 Vttat 1.10ilk tds1,11 i t''ebe <—h) d-- /ti.e.4L pi io i -fit -tokm NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Y. YES _ NO Are there any musical entertainment features related to your event? If YES, (1 please state the number jof stages, number of bands and type of music Number of Stages: / _ Number of Bands: ( Type of Music: YES _ _ NO Will sound amplification be used? If YES, please indicate• Start time: rn Finish Time am YES NO Will sound checks be conducted prior to the event'? If YES, please indicate Start trine: Qt-CO _ 'm 'pm Finish Time jcb prn Please describe the sound equipment that will be used for your event w YES)( NO Fireworks, rockets, or other pyrotechnics? If YES, please describe %YES NO Any signs, banners, decorations, special lighting'? If YES, please describe: Gn - — 1- (Ze:tsed 08110101.) Event: For Office 'Ilse On(y Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: < Ihleen Trees, Director F3r1 I 1 n) 8 Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organizationfr1i-tJi-'16 S�-� I c Q Person in Charge of Activity 4:541 i J fat �-- Address ! 8 Z ‘ c-C 44--0 P;k (tlk -,}ai—ti5tr Date(s) of Use Telephone 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, tosses, 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 achy. en under the permit by the permittee or its agents, employees or contractor . e of Ap iciat Title c it-01 sirq-r-z24— r/iy/r Date FOi Offn:e USe Only Certificate of Insurance Approved _ _ _ _ _ _ Date /1 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? 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 Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization ' located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT FETING DATE September 16, 2008 AGENDA ITEM NO. 23 ('1TEM TITLE Warrant Register for the period of 08/15/08 through 08/28/08 in the amount of $132,981.01 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 Community Bank 18240 $84,440.33 Library Remodel See attached report. Environmental Review ✓ N/A Financial Statement Approved by: anette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $132,981.01 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 08/15/08 THROUGH 08/28/08 A-200 (9/80) Paves REDEVELOPMENT FUND CORY TATZ BATHTUBS & SINKS DPRA INC. GEOSYNI}iC CONSULTANTS INFRASTRUCTURE: ENGINEERING PETTY CASH - CDC SWEETWATER AUTHORITY MARTHA ACOSTA NORMITA ATANGAN ALICE CANO SONIA CARAVANTES LLUZ MARIA CORONAIX) DENISE DAVIS NENITA DELA CRUZ RIZZA DELA CUADRA SHERRI DE:LMARE ANGIE E:LJZONDO GLORIA F►iRNANDEZ LETICIA GACIAS DORA GALLEGOS EDUARDO GARCIA MARGARITA GARC'IA ALFXANDER KNUTSON FRANCISCO LOPEZ JAVIER LUCERO }IERLINDA MIRELES ISABEL OCNOA SUE PFEIFER I.ETICIA QUINTFRO TERESA RATIIBIIN MARIA REYFS JACQUFL.INE REYNOSO MARTA RIOS MARIA ROBINSON MANUEL SANC}IEZ ALISON SANSOM IIEI.EN SARMIENTO ARTI.IRO SEPULVEDA THAW MY TRAN JOYCE WILSON COLBY YOUNG NORMITA ATANGAN COMMUNITY BANK DEPT OF ENVIRONMENTAL HEAL"CFI ECONOMIC & PLANNING SYSTEM "IHF. FAIR HOUSING COUNCIL OF SAN SECTION 8 HOUSING ASSISTANCE PAYMENTS ATANGAN FOR MEETING OF SEPTEMBER 16, 2008 WARRANT REGISTER FOR PERIOD: 08/15 - 28/08 Description PROFESSIONAL SERVICES - KIMBALL HOUSE PROFESSIONAL SERVICES - GIS/BREIS UPDATE PROFESSIONAL SERVICES - PALM PLAZA PROFESSIONAL SERVICES - LIBRARY VILLAGE REPLENISHEMNT OF PETTY CASH UTILITIES - 1310 HIGHLAND AVE REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SI)I OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 REFUND OF SDI OVERPAYMENT FY07 MILEAGE REIMB-GOV TAX SEMINAR LIBRARY REMODEL CONSULTING SERVICES - VAP PROGRAM PROFESSIONAL SERVICES - HARBOR DISTRICT DIEGO REIMB 3RD/4T11 QTR FY 07/08 JAN-JLJN 08 SUBTOTAL -REDEVELOPMENT MANUAL PAYMENTS REIMB - FINANCIAL MGMT SEMINAR SUBTOTAL - SECTION 8 Chk No Amount 18199 495.00 18200 818.61 18201 1,733.50 18202 9,776.00 18203 123.40 18204 689.22 18205 45.08 18206 130.40 18207 84.04 18208 92.34 18209 5.49 18210 76.19 18211 122.76 18212 72.59 18213 20.51 18214 124.52 18215 128.47 18216 20.57 18217 89.77 18218 76.34 18219 72.82 18220 4.62 18221 32.88 18222 16.09 18223 36.26 18224 47.01 18225 118.63 18226 36.74 18227 60.77 18228 32.64 18229 48.34 18230 140.78 18231 39.51 18232 36.98 18233 5.26 18234 43.59 18235 85.78 18236 9.51 18237 28.75 18238 13.16 18239 86.92 18240 84,440.33 18241 4,450.50 18242 2,052.63 18243 15,484.00 $ 122,149.30 various $ 10,280.34 10478 551.37 $ 10,831.71 TOTAL OF ALL FUNDS: $ 132,981.01 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE September 16, 2008 AGENDA ITEM NO. 24 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE BUDGET FOR THE 2008-2009 FISCAL YEAR PREPARED BY Jeanette Ladrido, A DEPARTMENT Finance Finance Director / X4331 EXPLANATION On June 17, 2008, the Community Development Commission of the City of National City considered the Preliminary Budget for the Fiscal Year 2008-2009 as presented and recommended by the Executive Director. The Executive Director was also directed by the Chairman and Commissioners to prepare a final budget for adoption which incorporates all budget modifications approved by the Finance Committee. State Law requires the budget be adopted before the start of the new fiscal year on July 1. Furthermore, copies of the adopted budget will be distributed to the Community Development Commission on September 16, 2008 and will available electronically on the City of National City's website. This action formally adopts the Final Budget for Fiscal Year 2008-2009. Environmental Review Financial Statement N/A STAFF RECOMMENDATION ADOPT the budget for FY 2008-2009 for the Community Development Commission of the City of National City. 9111)../(1------- Account NO BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1. Resolution 2. Exhibit A — Budget Analysis By Fund L3. Adopted FY 2008-2009 Budget A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2008-2009 WHEREAS, on September 2, 2008, the Executive Director of the Community Development Commission submitted a recommended budget for the 2008-2009 fiscal year, which has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the budget for the fiscal year beginning July 1, 2008, with Community Development Commission expenditures totaling $26,723,900, is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Exhibit "A" shall be the maximum expenditures authorized for those funds. The Executive Director is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City does hereby authorize and approve the number and classification of employees in the respective functions, departments and/or activities as set forth in the fiscal year 2008-2009 budget. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, ADOPTED BUDGET FISCAL YEAR 2008-09 EXHIBIT A 001 General Fund Undesignated Balance General Fund - Contingency Reserve General Fund - Other Reserves 7,343,915 7.300,000 3,123, 733 6,118,515 9.000,000 2,456, 870 Total General Fund 17,767,648 39,212,371 (1,374,330) 38,030,304 17,575,385 103 General Capital Outlay Fund 17,682 17,682 104 Library Fund 692,886 1,062,429 1,755,315 105 Parks Maintenance Fund 807,343 367,131 1,174.474 108 Library Capital Outlay 231,900 118,200 299,400 50,700 109 Gas Taxes Fund (516,748) 1,201,400 (700,000) 136,119 (151,467) 110 Emergency Preparedness Fund 43,808 - - 43,808 111 P.O.S.T Fund 14.694 75.000 75,000 14,694 113 Cultural Arts Fund 85,812 85,812 115 Park & Rec Capital Outlay Fund 670,890 248,000 (30,000) 1.232 887,658 120 Plan Checking Revolving Fund 1,293 271,800 225,000 48,093 125 Sewer Service Fund 574,398 7,141,800 (75,000) 7,008,805 632.393 130 EMT-D Revolving Fund 619,552 313,200 159,718 773,034 131 Asset Forfeiture Fund 453,713 130,400 584,113 136 Tiny TOT Classes Fund 4,300 - 4,300 145 Juvenile Education 6,258 6,258 (0) 154 State Public Library Fund 33,949 17,583 16,366 158 Swimming Pool Revolving Fund 2,790 30.800 9,003 24,587 159 General Plan Update Reserve 282,539 250,000 - 532,539 166 Nutrition Center (1,527,652) 517,527 286,907 805,492 (1,528,710) 171 Library School District Contract 59,091 32,116 26,975 172 Trash Rate Stabilization Fund 160,943 95,680 224,684 31,939 173 National School District Contract 37.876 37,876 - 174 Sweetwater School District Contract 185,074 185,074 - 176 Police Reimbursed Overtime 51,381 35,000 35,000 51,381 190 30th Street Cleanup Fund - 1303 289,117 8,500 - 297,617 191 STOP Project 49,800 45,171 4,629 198 Property Evidence Seizure 74.952 74.952 - 200 30th Street Cleanup - 1304 692,519 20,400 - 712,919 201 NCJPFA Debt Service Fund 1,550 490,656 490,657 1,549 208 Supp. Law Enforcement Svcs Fund 273,935 273,935 211 Security & Alarm Regulation Fund 86,114 37,721 53,595 70,240 212 Personnel Compensation Fund 356,900 356,900 - 230 Abandoned Vehicle Abatement Grant 114,121 114,122 (1) 241 National City Library State Grant (1,144,952) - (1,144,952) 242 N. City Library Matching Fund 80,023 3,200 - 83,223 246 Wings Grant - 104,551 104,551 - 250 New Fire Station Construction 124.321 - 124,321 253 Recreational Activities Fund 5,953 8,100 8,100 5,953 254 Lead -Based Paint Hazard Reduction Grant 72,926 - 72,926 259 Library Bonds Debt Service Fund 582,768 488,900 398,650 673,018 261 CDC Debt Service Fund 5,195,101 12,182,310 (9,365,807) 5,363,731 2,647,873 290 Police Department Grants 91,244 78,568 12,676 301 Grant - C.DB.G (1,598,236) 1,092,595 (248,001) 840,570 (1,594,212) 307 Proposition "A" Fund 1,562,593 4,765,200 4,926,731 1,401,062 308 Grant -Highway Bridge Rehab 484,153 484,153 312 STP LocalfTransnet Highway (261,774) 33,100 (228,674) 313 Grant-CMAQ 47,845 - 47,845 314 OTS Grant 132.000 132,000 320 Library Grants 1,432,838 50,000 236,078 1,246,760 323 Safe Routes to Schools 900,000 900,000 325 Development Impact Fees 432,910 75,000 - 507,910 326 Transportation Impact Fee Fund 390,000 390,000 343 State -Local Partnership 17,724 3,300 21,024 345 Traffic Congestion Relief 190,561 586,265 586,265 190,561 346 Prop 1B 982,993 - 982.993 350 SAFETEA-LU Grant 2,390,000 2,390,000 - 502 Section 8 71,429 8,394,677 8,466,017 89 504 Home Improvement Loan 2,388,292 5,000 2,393,292 505 Home 2,295,025 574,446 (49,900) 524,546 2,295,025 511 Tax Increment Fund 3,265,607 - 10,237,789 10,290,888 3,212,508 522 Low & Moderate Income Housing 8,064,196 3,245,578 (776,218) 1,238,148 9,295,408 626 Facilities Maintenance Fund 530,347 2,099,040 2,750,287 (120,900) 627 Liability Insurance Fund 3,548,521 2,531.453 2,947,845 3,132,129 628 General Services Fund 198,815 432,972 404,065 227,722 629 Information Systems Maintenance 672,307 761.612 845,425 588,494 630 Office Equipment Depreciation 1,052,563 425.616 1,066,500 411,679 631 Telecommunications Revolving 771,445 397,812 549,739 619,518 632 General Accounting Services 469.990 865,896 915,411 420,475 633 Unemployment Insurance Reserve 191,078 38,820 38,318 191,580 643 Motor Vehicle Svc Fund 1,947,489 1,577,328 415,000 1,794,894 2,144.923 644 Equipment Replacement Reserve 42,000 - - 42,000 721 Library Trust Fund 6,314 1,300 7,614 54,266,539 96,752,826 99,541,177 51,478,188 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 25 MEETING DATE September 16, 2008 AGENDA ITEM NO. /EM TITLE Resolution of the City of National City Community Development Commission authorizing the Executive Director t negotiate and enter into an Agreement for $120,000 with the National City Chamber of Commerce (NCCC) to Administer the City's Economic Development Programs for $50,000 and up to $70,000 to Retire the Building Debt on the NCCC Office Building PREPARED BY DEPARTMENT Alfredo Ybarra (Ext. 4279) Community Development EXPLANATION On September 2, 2008, the Chief Executive Officer of the National City Chamber of Commerce (NCCC) presented the City Council with a proposal to administer the City's economic development programs including the San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program, and the Community Benefit Loan Program. Additionally, the NCCC Chief Executive Officer also presented the City Council with a request for $70,000 in matching funds to retire the building debt on the NCCC office building. The City Council referred the proposal to staff for further review. The City currently partners with NCCC for events and provides $45,000 which has been approved and budgeted. Staff is recommending (#1) that the Commission enter into an agreement with the NCCC to assume administration of the three (3) programs for FY 08-09 and to retire the one-half of the NCCC building debt. This action (#2) would designate funds ($50,000) from the Community Development Department, Economic Development approved budget to the Chamber of Commerce to administer the City's Economic Development Programs and 2) designate up to $70,000 to retire the building debt on the NCCC office building. The objective of NCCC is to retire its building debt of approximately $140,000. NCCC has requested a matching grant of $70,000 from the City of National City to retire half of the building debt; the Chamber proposes to raise matching funds to meet its total building debt obligation. NCCC will provide semi-annual reports to the Commission on program achievements and challenges. Environmental Review Financial Statement The $120,000 of Tax Increment funds for this project is included in the Community Development Department, Economic Development Division budget. Approved By: N/A Finance Director Account No. FROM: 511-445-468-213-0000 EXPERT & CONSULTANT SERVICES (120,000) TO: 511-445-468-650-9001 CHAMBER OF COMMERCE 120,00' STAFF RECOMMENDATION 1. Direct the Executive Director to negotiate and enter into an Agreement with the National City Chamber of Commerce to administer the City's Economic Development Programs and to retire the debt on the Chamber of Commerce office building. 2. Adopt a resolution approving the designation of $50,000 from the Economic Development budget for the administration of the City's economic development programs by the National City Chamber of Commerce and 2) provide funds up to $70,000 to retire debt, contingent upon demonstration of the Chamber raising matching funds of $70,000. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. National City Chamber of Commerce Proposal Resolution No. A-200 (9/99) l RESOLUTION NO. 2008- RESOLUTION OF THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND ENTER INTO AN AGREEMENT FOR $120,000 WITH THE NATIONAL CITY CHAMBER OF COMMERCE TO ADMINISTER THE CITY'S ECONOMIC DEVELOPMENT PROGRAMS FOR $50,000 AND UP TO $70,000 TO RETIRE THE BUILDING DEBT ON THE NATIONAL CITY CHAMBER OF COMMERCE OFFICE BUILDING WHEREAS, the Community Development Commission of the City of National City ("CDC") has developed Economic Development Programs, including the San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program and the Community Benefit Loan Program; and WHEREAS, the mission of the National City Chamber of Commerce ("Chamber") is to increase opportunities for businesses and to represent its members in matters related to business, government, and community relations; and WHEREAS, the CDC and the Chamber have been working cooperatively and in partnership to improve business opportunities within the City of National City; and WHEREAS, the Chamber proposes to administer San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program, and the Community Benefit Loan Program; and WHEREAS, the Chamber has requested up to $70,000 in a matching grant from the CDC to assist in the retirement of their building debt; and WHEREAS, the CDC supports the Chamber's efforts to expand its community services and operations. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City authorizes the Executive Director to negotiate and enter into an Agreement with the National City Chamber of Commerce in the amount of $120,000 to administer the City's Economic Development Programs in the amount of $50,000, and to retire the Chamber's building debt at a cost of $70,000, contingent upon demonstration of the Chamber raising matching funds. BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 511-445-468-213-000 Expert and Consulting Services TO: Account No. 511-445-468-650-9001 Chamber of Commerce TOTAL AMOUNT: $120,000 Resolution No. 2008 — September 16, 2008 Page 2 PURPOSE: To fund $50,000 for the administration of the Economic Development Programs and to fund $70,000 for the retirement of half of the Chamber of Commerce's building debt. PASSED and ADOPTED this 16th day of September, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney National City Chamber of Commerce Funds Request To: Honorable Mayor and City Council, City of National City Re: National City Chamber of Commerce Funds Request From: Jacqueline L. Reynoso, Chief Executive Officer, National City Chamber of Commerce Date: September 2, 2008 The National City Chamber of Commerce (NCCC) is a local 501 (c) (6) nonprofit organization. The Chamber's mission is to increase opportunities for businesses and to represent its members in matters related to business, government and community relations. The Chamber supports and promotes the City's economic development through educational workshops, public forums, technical assistance, promotional activities, special events, business advocacy, and an active Visitor's Information Center. The NCCC is grateful to the City for its ongoing support and partnership with the Chamber. Through the City Enhancement grant, the Chamber has been able to carry out various activities and events such as the Salute to Navy luncheon, Auto Heritage Day, Annual Installation Dinner, Taste of National City, Annual Bayfront Expo and Concert, and the Visitor's Information Center. NCCC seeks the good faith and enhanced financial support of the City to continue and expand its operations. The Chamber would like to retire its building debt, approximately $140,000 outstanding, and expand its program operations. The Chamber requests a Challenge Grant of $70,000 from the City of National City to retire half of the building debt; the Chamber proposes to raise matching funds to meet its total building debt obligation. The Chamber also requests program funds in the amount of $50,000. The NCCC proposes to administer some of the Economic Development programs developed through the City's Economic Development Division. These programs include the San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program, and the Community Benefit Loan Program. Administration will include program marketing, outreach, and coordination. The Chamber can administer these programs at a cost savings of approximately 38% or more to the City. The NCCC's Chief Executive Officer will oversee the Chamber's growth and development and assure a strong working relationship with the City. The CEO will provide a 6 month update on the Chamber's activities to City Council if granted the additional funds. Attached are a copy of the Chamber's Profit and Loss Statement for 2007 and a copy of the Chamber's 2008 Budget (as approved by the NCCC Board on April 8, 2008). The proposed Economic Development programs will add value to the Chamber's membership. The Chamber's CEO is competent to train Chamber staff and oversee successful administration of these programs. By expanding the Chamber's operations, the Chamber can leverage its positioning in the community, fulfill the City's economic development goals and objectives, and serve as a strong business development link to the City of National City. The Chamber proposes to present City Council with a sustainability plan to maintain and grow the Chamber's operations. This includes increased membership, securing County, Port, and other grants funds, building partnerships to leverage resources, raising revenue from community and business events, and implementing a debt retirement campaign. The NCCC requests Council's approval to grant the Chamber $120,000 for FY 08-09 to cover the costs of program administration, and to aid the Chamber to retire its building debt. The Chamber operates on a regular calendar year. The Chamber requests that the proposed Challenge Grant be disbursed as a lump sum payment of $70,000 and that program grant funds be disbursed on a quarterly basis ($12,500 per quarter), effective June 30, 2008, until June 30, 2009. Thank you for your time and consideration. The Chamber looks forward to growing its partnership with the City to promote business recruitment and retention. The Chamber will continue to provide businesses with the resources to succeed and work to improve the quality of life in National City. City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE September 16, 2008 AGENDA ITEM NO. 26 ITEM TITLE Update Council on the City of National City Capital Improvement Program (CIP) project selection criteria. PREPARED B Barby Tipton, CIP Committee thru DEPARTMENT Engineering EXT. 4380 Maryam Babaki, City Engineer EXPLANATION As part of last years budget review, Council discussed the fact that the City is facing significant capital expenditures in the coming years with very limited financial resources. Since that time, staff included the development of Long Term Capital Financing Plan on our work program and Council confirmed that such a plan was a high priority objective. Also, at Council's Goal Setting session last February, there was direction that criteria be developed to evaluate competing capital projects and that it be brought to Council for review and discussion PRIOR to submitting the program as a whole. Attached are the criteria for Council review. The next steps that the CIP committee is taking to insure a quality CIP program are as follows: 1. Receive Council approval of the criteria for project selection 2. Complete the review of existing projects 3. Complete the review of existing financials available to the CIP program 4. Conduct Citywidelnfrastructure Needs/Capacity Assessment 5. Bring complete CIP Program before the Council for review in December J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Review report and advise staff. BOARD / COMMISSION RECO MEDATION N/A 'Y/1 ATTACHMENTS (Listed Below) 1. CIP Selection Criteria (Staff report) Resolution No. l A-200 (Rev. 7/03) City of National City Capital Improvement Program (CIP) Staff Report (Selection Criteria) Background: There are many ways that capital projects may be prioritized, some are very complex and some are very simple. The primary goal is to have a methodology that will help Council and the public focus the discussion and have a starting point from which to weigh one project against another. After any established criteria ranking is applied to a list of projects, further refinement is always required based on issues that may not fall clearly into specific categories. For example it may be important to expend funds on a particular project or activity because that would in turn help leverage additional funds for use on other projects in the future. Methodology: Staff researched the types of processes and criteria other agencies use to prioritize their capital program. We also sought input from consultants who have expertise in putting CIP packages together. We found that some agencies have very formal criteria, while many do not have adopted lists and rely rather on system- needs and current Council priorities. Some of the identified criteria from other agencies are listed in Attachment A for reference. Staff identified the following criteria for Council consideration. These were selected because they not only reflect the priorities of our community, but also provide an objective basis for prioritizing project: A. Health, Safety, & Regulatory Requirements — These include Seismic regulations, ADA, NPDES, Department of Health and other State or Federal Mandates, there is a serious consequence for failure to adhere (unsafe roads, people could get hurt, legal consequences). B. Cost and Funding Opportunities — Return on investment from grants; considers grant deadlines, fund availabilities, ratio of grant funds to total project cost, considers staff time to administer grant requirements. C. Community Support — stimulation of local economy, public's desires and direction; possibly identified through a survey, promotes neighborhood livability. D. Multiple Category Benefit — Projects that support multiple categories (for example; street, safety, pedestrian improvement, and drainage) would get a higher ranking. E. Maintenance Needs — Projects that require high or new maintenance costs score lower, projects that preserve existing assets and reduce maintenance costs score higher. F. Readiness and Deliverability — Degree to which a project is close to completing a specific phase, work done to date that would be lost if project deferred. In order to reflect the significance of certain criteria over another, the CIP committee agreed on a weighting system that can be used to rank the projects. Below are the criteria including the proposed weighting proposed by the Committee, for Council consideration and discussion: A. Health, Safety, & Regulatory Requirements 40% B. Cost and Funding Opportunities 20% C. Community Support 10% D. Multiple Category Benefit 10% E. Maintenance Needs 1 0 % F. Readiness and Deliverability 10% Staff is currently developing the one year and five year CIP and if these criteria are approved we will apply these criteria to projects that are being proposed in the current one year and five year budgets. As the Council evaluates and begins to discuss the Long Term Capital Improvement Program at the Budget workshops, these criteria would be applied to the many projects that are on the list of needs. Additionally if approved, when the public requests projects throughout the year or a list of needs are identified by individuals or organizations these core criteria could be used to focus the discussion and determine the highest priorities with available funds. At the mid year budget review, staff will be presenting a list of formerly approved CIP projects for Council approval to "un-appropriate" funds and/or delete from the CIP. Also, staff will be presenting the full list of identified projects in the Long Term Capital Improvement Program and the projected revenue with currently approved or identified sources. We anticipate that this will be just the beginning of a series of Council meetings to review, discuss, develop and approve, a long term Capital Improvement Program. The Next Steps The next steps that the CIP committee is taking to insure a quality CIP program are as follows: 1. Receive Council approval of the criteria for project selection 2. Complete the review of existing projects 3. Complete the review of existing financials available to the CIP program 4. Conduct Citywidelnfrastructure Needs/Capacity Assessment 5. Bring complete CIP Program before the Council for review in December ATTACHMENT A Research Results of Criteria used by other agencies CITY OF SAN DIEGO - Their Proposed Prioritization Process for Transportation CIP Divide List by Category • Roads, Bridges, Bicycle, Pedestrian, Facilities Divide by Phases • Planning, Design, Construction Criteria - Relative Significance - How well each project meets criteria and goals • Health and Safety - Seismic and mandates • Capacity Service - move people and decrease congestion, improve reliability and mobility • Cost and Funding opportunities - grants, grant deadlines, ratio of transportation to other work • Plan Compliance and Community Support- community and economic assessment • Multiple Category Benefit - Higher ranking • Maintenance Needs - Projects that require high maintenance score lower • Readiness and Deliverability - Degree to which it is close to complete a specific phase How will they accomplish prioritization • Evaluation with stakeholders • Funded Priority order • Minimum allocation for each Phase - to Ensure adequate # of projects in the pipeline • Used for CIP and Staff Budgeting • Most effective use of funds - Competitive for grants and faster delivery SANDAG also included the following criteria in addition to some of San Diego's • Smart Growth Potential • Less Environmental Takings • Joint operations • Economic prosperity Goals SACRAMENTO • Required by Health, Safety, or Regulatory Requirement • Reduce maintenance Costs • Maintain Existing Facilities • Replace Existing Facilities • Meet demands of increased growth • Costs offset by grants or other revenue SEATTLE TRANSPORTATION CIP • Operations and preventative maintenance - Rehabilitating existing facilities to avoid the higher cost of deferred eminence • Major maintenance and safety • Mobility Enhancement and Additions to the system PITTSBURGH, CA • Elimination of potentially hazardous or unsafe conditions and potential liabilities • Replacement of high maintenance and inefficient/ineffective infrastructure • Improvement to and /or creation of new services to the Public • Outside agency regulatory requirements and mandates • Stimulation of the local economy/eliminate blighted conditions • Compliance with the City of Pittsburg General Plan • Preservation of existing assets SAN FRANCISCO • Ongoing multi -year project or program needs • Legally or contractually mandated • Safety and security enhancements • System critical • Deteriorated facility • Systematic replacement • Enhance existing asset or service • Improvement of operating efficiency • Service quality improvement - ridership benefits • Local support Also • Needs and benefits • Timing, scheduling and project readiness • Potential for cost effective combinations of construction projects • Funding availability OTHER CRITERIA IDENTIFIED - NOT BY AGENCY • Provide Projects that Maintain or improve neighborhood livability • Maximize public/private partnerships