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2008 10-21 CC CDC AGENDA PKT
Agenda Of IA Regular Meting - 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 IVieeting - Tuesday — October 21, 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 Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/21/08- Page 2 PRESENTATIONS 1. City Manager Presentation — Sales Tax Loss — Budget & Service Reduction Plan 2. Storm Water Calendar Contest (Engineering) 3. Employee of the Month — Lynn Cole — Executive Secretary, Planning PROCLAMATION 4. Proclamation of the City of National City Proclaiming October 20, 2008 as: "Rails -To -Trails Conservancy Day" CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of October 7, 2008. (City Clerk) 6. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 7. Resolution of the City Council of the City of National accepting a grant award from the Department of Conservation in the amount of $16,033 to provide a beverage container recycling program and equipment as well as public education in the National School District. These programs are funded by the grant award and have no impact to the General Fund. (Public works) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/21/08- Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City approving a Finding of No Significant Impact, a Tentative Subdivision Map, a Planned Development Permit for eight condominium units with exceptions for setbacks, parking, and building separation, and a request to waive undergrounding of utilities along 18th Street at 1820 G Avenue. Applicant: Habitat for Humanity. (Case File No. 2008-20 S, PD, IS) (APN 560-233-06) (Planning) 9. Resolution of the City Council of the City of National City approving a Landscape Maintenance Agreement (LMA) with California Department of Transportation (CALTRANS) to maintain landscaping in the CALTRANS Right -of -Way as part of the Bay Marina Drive Widening Project, funded through tax increment funds in the amount of $6,700 annually until the parcel adjacent to the CALTRANS Right -of -Way are privately developed. (Engineering) 10. Resolution of the City Council of the City of National City approving Change Order No. 2 with Republic ITS, Inc. to purchase and install additional school zone signs, striping, flashing beacons, and in -roadway crosswalk lights in the amount of $113,716.00 as part of the National City Safe Routes to School Project (Phase I), and authorizing the Mayor to execute the Change Order. (Funded by State Safe Routes to School Grant and City General Funds) (Engineering) 11. Resolution of the City Council of the City of National City approving Change Order Number Eight to Koch -Armstrong Engineering, Inc. for the National City Street Resurfacing Project FY 08-09 (Phase 2) in the amount of $10,180.00 for construction supervisor services for the installation of the Kimball Park Skate Park Project and authorizing the Mayor to sign the Change Order. (Funded through Parks and Recreation Capital Outlay) (Engineering) 12. Resolution of the City Council of the City of National City awarding a contract to Industrial Coating and Restoration Services, Inc. in the base amount of $88,000.00 and alternative bid amount of $14,501.25 totaling $102,501.25 for the National City Police Department Parking Lot Deck Waterproofing Project. (This is a CIP Project funded through General Funds) (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/21/08- Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City approving Amendment No. 2 to the agreement with Rick Engineering Company in the amount of $6,500.00 to design and prepare specifications and plans for the Marina Storm Drain. (Engineering) 14. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid from Ironman Parts & Services for the diesel retrofitting of equipment to conform with California Air Resources Board Regulations of three trucks and one bus for a total award of $59,040.72. (Purchasing) 15. WARRANT REGISTER #12 (Finance) Warrant Register #12 for the period of 09/10/08 through 09/15/08 in the amount of $810,906.97. (Finance) 16. WARRANT REGISTER #13 (Finance) Warrant Register #13 for the period of 09/16/08 through 09/23/08 in the amount of $1,525,454.80. (Finance) PUBLIC HEARING 17. Public Hearing — Fiscal Year 2008-2009 Supplemental Funding Cycle for the CDBG Program — Funding Recommendations. (Community Development/Housing and Grants) ORDINANCE FOR ADOPTION 18. Ordinance of the City Council of the City of National City amending Chapter 1.08 of the National City Municipal Code pertaining to official City seals, logos, insignias, badges, and names. (City Initiated) (City Attorney) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/21/08- Page 5 NEW BUSINESS 19. Request to initiate a General Plan Amendment/Zone Change/Local Coastal Program Amendment on the existing PSI site from Heavy Manufacturing (MH-CZ) to Medium Manufacturing (MM-CZ) and on proposed PSI site from Medium Manufacturing (MM-CZ) to Heavy Manufacturing (MH-CZ); property generally bounded by Civic Center Drive, Cleveland Avenue, 18th Street, BNSF Railway. (Applicant: City initiated) (Case File No.: 2008-47 GPA/ZC/LCP) (Planning) 20. Request to use the Martin Luther King, Jr. Community Center by the San Diego County Superintendent of Schools for their training on Thursday, October 30, 2008 with no waiver of fees. (Community Services) 21. Temporary Use Permit — ICS Harvest Festival hosted. by the Integrity Charter School on October 31, 2008 from 4:00 pm to 8:00 pm at 125 Palm Avenue, National City, CA 91950. (Neighborhood Services) 22. Temporary Use Permit — Sweetwater High School's Homecoming Football Game Halftime Show on November 14, 2008 from 7 pm to 9 pm at Sweetwater High School. (Neighborhood Services) 23. Notice of Decision — Planning Commission denial of a Conditional Use Permit for the expansion of a food mart and for accessory beer and wine sales at an existing gas station at 1803 Highland Avenue. (Applicant: Fred Karim) (Case file 2008-25 CUP) (Planning) 24. Notice of Decision — Planning Commission approval of a modification of a Conditional Use Permit to reconfigure previously approved parking and open space for a duplex behind an existing home at 720 I Avenue. (Applicant: Jesus Gonzalez) (Case File M1 CUP-2002-17) (Planning) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/21/08- Page 6 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 25. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the reimbursement of CDC expenditures in the amount of $707,286.72 to the City of National City for the months of July 2008 through September 2008. (Finance) 26. Resolution of the Community Development Commission of the City of National City (CDC) awarding a contract to Flores Sierra Contractors, Inc., in the amount of $33,352 for the demolition of a single-family residential unit located at 1820 G Avenue in National City, and establish an appropriation of $33,352 in account No. 552-445-462-650-9024. (Community Development/Housing & Grants) 27. Resolution of the Community Development Commission of the City of National City (CDC) approving the transfer of funds in the not -to -exceed amount of $6,500 from the Tax Increment Undesignated Fund balance to the Marina Way Storm Drain Project. (Engineering) NEW BUSINESS 28. Request for direction to staff to issue a Request for Proposals/Qualifications to developers for a Transit Oriented Affordable InfiII Housing Project in the vicinity of the Public Works Center and Paradise Creek. (Redevelopment/Housing and Grants) STAFF REPORTS 29. Halloween Safety Plan (Fire) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — November 18, 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 10/21/08 City Manager Presentation — Sales Tax Loss — Budget & Service Reduction Plan ITEM #2 10/21/08 Storm Water Calendar Contest - Engineering - ITEM #3 10/21/08 MEMORANDUM + CALIFORNIA --{ • INCORPORATED October 7, 2008 TO Chris Zapata, Ci anag °r FROM Stacey Stevenso ` � , an Resources Director SUBJECT EMPLOYEE THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in October 2008 is Lynn Cole — Executive Secretary. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, October 21, 2008 to be recognized for her achievement and service. Attachment cc: Lynn Cole Roger Post — Planning & Building Director Councilmember Natividad Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 120" Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov I nominate City of National City Performance Recognition Award Nomination Form Lynn Cole for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your exarnples Lynn Cole has been a valued City employee for over 28 years, most of that time as the Planning Department Executive Secretary. She is a hard-working, knowledgeable employee who is known for her excellent customer service. It is not uncommon to receive compliments from the public on her service. Much of her work involves putting Planning Commission agenda materials together, and other follow-up actions relating to Commission work. Lynn has an excellent rapport with Commissioners and they very much appropriate the service she provides. Lynn has been instrumental in making the new Planning and Building Department work. She did a terrific job in integrating the public counters for the two divisions and coordinated the creation of the new Web pages for both Planning and Building. Her reconciling of consultant invoices is especially appreciated. As the only clerical person serving the two divisions, her workload is considerable. In spite of that, she is always able to maintain a positive can -do attitude and is a pleasure to work with. It is an honor to nominate Lynn as the Planning and Building Department's employee of the month. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department Roger Yost Date: 10/7/2008 ITEM #4 10/21/08 CITY OF NATIONAL CITY Rails -To -Trails Conservancy 1)av October 20, 2008 WHEREAS; San Diego County has one of tin most ambitious trail pogranrs in the State of California with a targeted buildout of over 1600 miles of non -motorized multi -use trails and pathways; and WIIEREAS; there are 879.71 miles of bicycle transportation projects in the County of San Diego, and 315 miles of multi -use trails; and WHEREAS; nearly half of all trips tor personal transportation in the t !Hired States are three miles or less in length; and WHEREAS; bicyclists and pedestrians represent 9" 6 of all personal trips nationwide and 14c'6 of all traffic t;trtliues in the l lnired States, yet receive less than 1% of all federal road spending; and WHEREAS; the above disparity indicates an opportunity to produce a substantial shift to these healthy. non - motorized transportation modes; and WHEREAS; federal legislation, SAFE.TEA-I.l t, created the Non -motorized Transportation Pilot Program tor the construction of a network of non -motorized transportation infrastructure facilities in urban communities to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load and play a major tole in transportation solutions; and \VI1EREAS; a national non-profit multi -modal transportation advocacy organization, the Rails-To-l-rails ( ;onservartcy, seeks to expand this program in the next federal transportation reauthorization to include at least 40 communities tvitlt $50 million per community over six years to promote "active transportation" (multi -use !tails and bicycle transportation facilities) for mobility; and WHEREAS; additional funding is required to construct ;in additional 200 miles of (:lass I bicycle transportation projects including the Ba}shore Bikeway, Sweetwater Trail, Coastal Rail :!-rail, Inland Rail Trail, and San Diego River -Trail rind; WHEREAS; Rails -to -Trails Conservancy has identified San l)iego (;ounty as a potential candidate tor the expanded program called the 2010 (..:arnpaign for Active Transportation; and NOW THEREFORE, BE IT RESOLVED, by the City of National City that this City Council, for and on behalf of the citizens of National City, does hereby support and endorse the County of San Diego's participation in the 2010 Campaign for Active Transportation which has a goal of doubling federal funding for multi -use trails and bicycle transportation facilities in the next federal transportation reauthorization. BE IT FURTIIER RESOLVED, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Ocrobcr 20, 2008 as: "Rails -To -Trails Conservancy 1)ay" in National City. Francisco "Frank" 1'arra Vice Mayor ltiicleles Unjh Councilmember Ron Morrison Nlayor Lu• . ad mber Rosalie G. Zarate Councilwoman ITEM #5 10/21/08 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of October 7, 2008 (City Clerk) To: From: Subj ect: ITEM #6 10/21/08 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalia — City Clerk (619)336-4226 (619) 336-4229 Honorable Mayor and Council Michael Dalla, City Clerk Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT NewMEETING DATE October 21, 2008 AGENDA ITEM NO. 7 -- ITEM TITLE Resolution of the City Council of the City of National City accepting a grant award from the Department of Conservation in the amount of $16,033 to provide a beverage container recycling program and equipment as well as public education in the National School District. These programs are funded by the grant award and have no impact to the General fund. PREPARED BY� DEPARTMENT Jeff Servatius, up i tendent Public Works (Ext. 4586) EXPLANATION The City of National City has been awarded a grant from the Department of Conservation related to beverage container recycling. Over the past several years National City has received this grant and has utilized the funds for our beverage container recycling program, public education in the National School District, purchasing of park equipment from recycled materials, and recycled items handed out at City events to increase awareness of recycling. Accepting the grant provides us the necessary funds to continue these programs and has no impact on the General fund. Environmental Review tl N/A Financial Statement Approved By: Finance Director No negative impact on General Fund. Funds are provided to National City by Department of Conservation and revenue will be recorded in fund 172-00000-3642 and appropriations will be established in.fund 172-422-225-229-0000. Account No. STAFF RECOMMENDATION Staff recommendation is to accept the Department of Conservation Grant RD / COMMISSION RECOMMENDATION NIA ATTACHMENTS (Listed Below) 1. Resolution 2. Dept. of Conservation guidelines 3. Funding request summary A-200 (9/99) Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION IN THE AMOUNT OF $16,033 TO PROVIDE PUBLIC EDUCATION TO THE NATIONAL SCHOOL DISTRICT, FUNDING FOR THE CITY'S BEVERAGE CONTAINER RECYCLING PROGRAM AND THE EDUCATION TO THE GENERAL PUBLIC TO INCREASE AWARENESS OF RECYCLING, AND TO FUND THE PURCHASE OF PARK EQUIPMENT MADE FROM RECYCLED MATERIALS WHEREAS, pursuant to Section 14528(a)(5)(A) of the California Beverage Container Recycling and Litter Reduction Act, the City of National City has been awarded a grant in the amount of $16,033 from the California Department of Conservation to be utilized specifically for beverage container recycling and litter cleanup activities; and WHEREAS, as in the past, the grant funds will be used to provide public education to the National School District, funding for the City's Beverage Container Recycling Program and education to the general public to increase awareness of recycling, and to fund the purchase of park equipment made from recycled materials. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the acceptance of a grant award in the amount of $16,033 from the California Department of Conservations to provide public education to the National School District, funding for the City's Beverage Container Recycling Program and education to the general public to increase awareness of recycling, and to fund the purchase of park equipment made from recycled materials. PASSED and ADOPTED this 21st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2008/2009 City/County Payment Program ..Svidelines Pursuant to Section 14581(a)(5)(A) of the California Beverage Container Recycling and Litter Reduction Act, the Department of Conservation (Department) is distributing $10,500,000 in fiscal year 2008/09 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of the Department's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. Eligible Participants Incorporated cities and counties and unincorporated counties in California, as identified by the California Department of Finance, are eligible to receive funding under this program. Allocation of Funds '...Each city is eligible to receive a minimum of $5,000 or an amount calculated by the Department, on a per capita basis, whichever is greater. Each county is eligible • to receive a minimum of $10,000 or an amount calculated by the Department, on a per capita basis, whichever is greater. The per capita amount is calculated, based upon the population, as of January 1, 2007, in the incorporated areas of a city, city and county, or the unincorporated area of a county, as stated in the Annual City/County Population and Housing Estimate Report submitted to the ,,_ 'overnor by the California Department of —Finance. On-line Application Process All eligible cities and counties will receive an electronic invitation that will provide a unique link directing them to the application process. The on-line application process requires the completion of two (2) forms: 1) City/County Profile Form 2) Funding Request Form (FRF) STEP 1 - COMPLETE THE CITY/COUNTY PROFILE FORM To access the profile form, click on the link provided in the electronic invitation and follow the instructions below. Review Payment Mailing Address This is the current address as indicated in the Department's database where the payments will be mailed. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer's address will be identified as the mailing address for counties. To make changes 1 of 4 to the payment mailing address, you must call the Statewide Technical Assistance and Resources Branch (STAR Branch) at (916) 322-0613 and ask for the assigned field representative. Review Primary Contact For cities, the authorized official (city manager, city clerk or mayor) should be identified as the primary contact and for counties, the current recycling coordinator, should be identified. To make changes to the primary contact information, call the STAR Branch at (916) 322-0613 and ask for the assigned field representative. Review Secondary Contact For cities, the person responsible for overseeing the beverage container recycling program should be identified as the secondary contact. For counties, the county treasurer should be identified. Changes to the secondary contact information may be made directly on the electronic form. Establish Password • Select a password (password must be 6 -l5 characters long, have at least one uppercase character, one lowercase character and one number). • Select a password question and complete the password answer. • Write down the user name, password, password question and answer. • Select "Sign-up" to submit the profile. Review Profile Summary • Once you select the "Sign-up" button, a profile summary will appear that will enable the user to verify the information. • To make changes to the profile form, select the "Back" button on your browser. Once changes are made, the password and password question and answer will need to be re-entered. Select "Sign-up" again to accept the changes. • Print a copy for your file. 2 of 4 • The Department will send an electronic notice verifying receipt of the profile. A link directing the applicant to the next step will be included in the notice. • Select "Click Here" on the electronic notice to advance to Step 2. STEP 2 - LOGIN TO FUNDING REQUEST FORM Type in user name and password (Reminder: the user name is the city or county name with initial capitalization and no spaces). Select `LOGIN" to advance to Funding Request Form. If you forget your password, select "Forgot your password?" and follow the screen instructions. STEP 3 - COMPLETE THE FUNDING REQUEST FORM Read and complete all sections in white. Selecting "Save" at any time enables the user to exit and complete the FRF later. Contact for Funding Request Form (person completing form) - This may be the city or county recycling coordinator, lead agency or JPA:r/` Select `?NEXT". Project Description - Provide a brief description of the project(s) you will implement. Supermarket Site Restriction - Select either yes or no to indicate whether the city or county has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business and/or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction. If yes, please provide an explanation in the box provided. Select `NEXT". Project Activities - Select the appropriate box(es) identifying the beverage container recycling activity(ies) planned. Include estimated dollar amounts. The activities selected should be consistent with the project description. If hanges to the dollar amounts are made, select the 44 NW recalculate button to update the grand total. The grand total must equal the eligible amount. If "Other" is checked, a description is required in the text box provided. Select `?NEXT". Funding Request Form Summary - A summary of the FRF will be displayed. Review the summary to verify the information is correct. To make changes, select the "Previous" button. If changes are not required, proceed to the next step. Select "SAVE". To obtain a formatted copy of the Funding Request Form Summary, select "Print View" and print. Select "NEXT". Disclaimer - Select "Yes, I Accept" or "No, I Don't Accept". If "No, I Don't Accept" is selected, the FRF will not ,e submitted and the city or county will not receive ti..runding for the 2008/09 cycle. Select "SUBMIT". Once the FRF is submitted, you will not be able to access the form to make changes. To make a change, you must submit the request in writing (fax or e-mail) to the Department at the attention of your field representative. Once the FRF is submitted, a message will appear stating the on-line process is complete and the user may exit the program. The Department will send an e-mail to confirm the FRF was received. Another e-mail notice will be sent when the FRF is approved. Deadline to Submit The Department must receive the completed FRF no later than June 30, 2008. Any FRFs submitted after the June 30, 2008 deadline date will not be accepted. (PRC Section 14581(a)(5)(E). Eligible Activities for Expenditure of Funds Pursuant to Section 14581(a)(5)(C) of the Public Resources Code, these funds may not be used for activities unrelated to beverage container recycling or litter abatement. Approved project activities are listed in the Activity Summary, by category, on the FRF An "other" box has been provided to allow additional activities to be listed. These are subject to approval by the Department. Eligible activities for the use of these funds may include, but are not necessarily limited to: • Support for new or existing curbside recycling programs. • Neighborhood drop-off recycling programs. • Public education promoting beverage container recycling. • Litter prevention and cleanup. • Product stewardship. • Cooperative regional efforts among two or more cities and counties, or both. • Other beverage container recycling sustainable programs. Payments The Department will approve FRFs and authorize the State Controllers Office to make payments to each city and county at the beginning of the fiscal year (July 1). The State Controller's Office has up to 30 days to process the payment. The warrant will identify the source of funds as "DOC/Recycling" and will arrive without a cover letter to the city or to the county treasurer. Pursuant to Section 14581(a)(5)(F) of the Public Resources Code, the Department may withhold payment to any city, or city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000. 3 of 4 Record keeping In accordance with Title 14, Division 2, Chapter 5, Section 2085 of the California Code of Regulations, each eligible participant receiving funds must maintain documentation for five years from the date of preparation. Notification Requirements If changes to contact information or the FRF are necessary during the year, please contact the STAR Branch at (916) 322-0613 or 1-800-RECYCLE and the assigned field representative will assist you. How to Reach Us California Department of Conservation Statewide Technical Assistance & Resources Branch 801 K Street, MS 17-01 Sacramento, CA 95814-3533 Telephone: (916) 322-0613 Fax: (916) 322-8758 Email: citycounty@conservation.ca.gov Regional field representative contact information is available on our website http://www.conservation. ca.gov/dor/grants/Pages/fra.aspx Other Resources •rr The Department provides free English and Spanish recycling bin labels and other recycling promotional material. For more information visit http://www.bottlesandcans.com/. To order bin labels, use the order form at http://www.conservation.ca.gov/DOR/grants/ EmblemOrdcrForm.htm Additional Information Frequently Asked Questions - http://www. conservation.ca.gov/dor/grants/ Documents/CCPPFAQs. pdf Historical City/County Funding - http://www.conservation.ca.gov/dor/grants/Pages/ cchistfund.aspx Notes Noe 4of4 :alifornia Department of Conservation )ivision of Recycling Lora inky Qutre ch Branch larch 26, 2008' Funding Request Form Summary :ity/County: National City :ligible Amount: $16,033 Contact for Funding Request Form Ir. Jeff Servatius superintendent :ity of National City 100 Hoover Ave lational City, CA 91950- 'hone: (619) 336-4586 ext. ax: (619) 336-4594 ext. :mail: Jservatius@ci.national-city.ca.us Project Description he City of National City proposes to utilize the city/county payment funds for the following activities:(1) Education and educational materials in ur focal schools (2) Purchase and disseminate educational materials related to liter abatement and recycling (3) Purchase equipment for Parks .upermarket site restriction: No Selected Activities Amount Recycling Education $6,033 General Public School / Assemblies / Shows Recycled Content Products / Playground Equipment PAlifinel Program Administrator Contractor / Consultant Advertising / Promotional Promotional Items Beverage Container Collection Programs Public Parks / Recreational Areas Schools Elementary :.fitter Clean-up Public Parks / Recreational Areas Recycling Guides / Booklets / Brochures Grand Total $3,500 $3,000 $2,500 $500 $500 $16,033 hese funds may not be used for activities unrelated to beverage container recycling or litter reduction. [Public Resources Code 14581. 1)(4)(C)J City of National City, California COUNCIL AGENDA STATEMENT NewJIEETING DATE October 21, 2008 AGENDA ITEM NO. 8 ITEM TITLE Resolution Approving a Finding of No Significant Impact, a Tentative Subdivision Map, a Planned Development Permit for Eight Condominium Units with Exceptions for Setbacks, Parking, and Building Separation, and a Request to Waive Undergrounding of Utilities along 18th Street at 1820 G Avenue. Applicant: Habitat for Humanity. Case File No. 2008-20 S, PD, IS, (APN 560-233-06) PREPARED BY EPARTMENT Peggy Chapin, Principal Planner (336-4319) Planning Division EXPLANATION The City Council voted to approve this item at the October 7, 2007 public hearing. The attached resolution is necessary to complete the action. Environmental Review A Statement of Exemption pursuant to CEQA Section 15192 and Finding of No Significant Impact (FONSI) pursuant to NEPA were issued. Financial Statement N/A STAFF RECOMMENDATION , ` ;Q� Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FINDING OF NO SIGNIFICANT IMPACT, A TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT FOR EIGHT CONDOMINIUM UNITS WITH EXCEPTIONS FOR SETBACKS, PARKING, AND BUILDING SEPARATION, AND A REQUEST TO WAIVE UNDERGROUNDING OF UTILITIES ALONG 18TH STREET AT 1820 G AVENUE APPLICANT: HABITAT FOR HUMANITY CASE FILE NO. 2008-20 PD, S, IS APN: 560-233-06 WHEREAS, application was made for approval of a Finding of No Significant Impact, a Tentative Subdivision Map, a Planned Development Permit for eight residential condominium units with exceptions for less than required front and side yard setbacks, building separation, and parking; and a request for a waiver to underground utilities along 18th Street on a 0.33-acre parcel containing a vacant residence and storage building on the southwest corner of 18`h Street and G Avenue, addressed as 1820 G Avenue and generally described as: Lots 16, 17, 18, 19 and 20 in Block 3 of the Subdivision of W.S. Bullis of 10 Acre Lot 114 , in Quarter Section 153 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof, no. 201, filed in the Office of the County Recorder of said San Diego County, May 27, 1881. Together with that portion of the West 10 feet of G Avenue, as closed to public use. WHEREAS, the Planning Commission considered said applications at a duly advertised public hearing held on September 15, 2008, at which time the Planning Commission considered oral and documentary evidence; and WHEREAS, the Planning Commission considered said application and recommended approval of the Finding of No Significant Impact, Planned Development Permit, Tentative Subdivision May, and request to waive underground utilities of two utility poles along 18`h Street; and WHEREAS, the City Council considered said application and recommendation by the Planning Commission at a duly advertised public hearing held on October 7, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2008-20 S, PD, IS which is maintained by the City, and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, in accordance with Section 13.08.050 of the National City Municipal Code, the City Council, upon recommendation by the Planning Commission, may grant a request to waive the requirement to underground existing utilities; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and Resolution No. 2008 — October 21, 2008 Page 2 WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the testimony and evidence presented to the City Council at the public hearing held on October 7, 2008, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1 The proposed map will not have a significant effect on the environment since the site is disturbed and there is no native habitat on site or mature vegetation. 2. The proposed map is consistent with the National City General Plan and Housing Element since the project would provide residential units to households meeting less than 60% of the Area Median Income. 3. The site is physically suitable for the proposed type of development, since the site is relatively flat, will not result in excessive grading, and the design of the proposed development would provide for adequate open space and separation. 4. The proposed development meets the General Plan density which allows one unit for each 1,900 square feet, and the proposed development would provide eight units which is consistent with the RM-1 zone. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project site is located in an urbanized and developed area and no native habitat exists on site. 6. The project site would not impact public services since it is located within walking distance to public schools and within five minutes of a fire station, and all other public services will be provided. 7 The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, since infrastructure improvements are available within existing public easements. 8. The discharge of sewerage waste from the subdivision into the National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region and determined that the subdivision will benefit the community and serve to meet the City's Regional Housing Assessment Needs. Resolution No. 2008 — October 21, 2008 Page 3 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration, and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT That the site for the proposed use is adequate in size and shape, since the 0.33 acre site can accommodate the development of eight two-story homes with 11 on -site parking spaces and a common landscape courtyard and private open space for each unit with minimal exceptions from Code requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since adjacent local residential streets, 18th Street and G Avenue, have sufficient capacity to adequately handle the approximately of 88 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed development would be consistent with surrounding single family homes, and the residents would be served by the nearby schools. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for low income households and help meet the City's housing goals. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 1. The proposed design of the subdivision removes access driveways from 18th Street and G Avenue and utilizes access from the alley, therefore, the exceptions requested for reduced front and side yards and building separation are warranted to provide for adequate interior common open space. 2. The exceptions requested would not be detrimental to the public health, safety, or welfare, or to other properties in the vicinity since the reduced setbacks and building separation are not located adjacent to the residence to the south, and adequate parking will be provided along the streets since driveway access will be accommodated from the alleyway. 3. Granting of the requested exceptions is in accordance with the intent and purpose of the Land Use Code and Subdivision Ordinance, and are consistent with the General Plan and the Housing Element since the exceptions are essential to the design that offers adequate open space and community, and provides for affordable housing opportunities. Resolution No. 2008 — October 21, 2008 Page 4 RECOMMENDED FINDINGS FOR APPROVAL TO WAIVE THE REQUIREMENT TO UNDERGROUND UTILITIES ALONG 18TH STREET 1 The waiver of undergrounding existing utilities will not be detrimental to the public health, safety, or welfare or be detrimental to the use of other properties in the vicinity as subject property's existing utility poles are prevalent along 18th Street and relocation of two poles would not result in a substantial improvement of utilities in the area. 2. The waiver to underground existing utilities would not result in decreased property valuation as there is not a comprehensive plan to underground utilities within the general area. 3. The increase in vegetation along the property boundaries would enhance the visual qualities along 18th Street and the general condition of the area and provide benefit to the surrounding properties. RECOMMENDED FINDINGS FOR APPROVAL OF STATEMENT OF EXEMPTION AND FINDINGS OF NO SIGNIFICANT IMPACT 1. That the Statement of Exemption pursuant to CEQA and the Finding of No Significant Impact (FONSI), pursuant to NEPA contained in the file 2008-20 IS, has been read and considered together with any comments received during the public review process. 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment, and that the Statement of Exemption and FONSI reflect the City's independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings herein before stated, the City Council hereby recommends approval of said Finding of No Significant Impact, Tentative Subdivision Map, Planned Development for eight residential condominium units with exceptions for less than required front and side yard setbacks, parking, and building separation; and a request to waive undergrounding utilities along 18th Street on a 0.33-acre site containing a vacant single-family residence and storage building at the southwest corner of 18th Street and G Avenue, addressed as 1820 G Avenue, subject to the following conditions: General 1. This Tentative Subdivision Map and Planned Development Permit authorize the development of eight single-family condominiums for individual sale to low income households meeting the threshold of 60% ARM. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2008-20 S, IS dated April 11, 2008. 2. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of the courtyard, parking area, walks, Resolution No. 2008 — October 21, 2008 Page 5 trash enclosure, exterior structures, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the Agreement. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 3. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Director of Planning and Building that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County Clerk. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Planning and Building prior to recordation. 6. Pursuant to Section 17.04.070 of the Subdivision Ordinance, approval of the Tentative Subdivision Map expires 24 months from the date of adoption of the resolution of approval at 5:00 p.m., unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Subdivision Map. Housing and Grants Division 7. The applicant/developer shall enter into a Housing Agreement with the city, with terms to be reviewed and revise by the Community Development Department, Housing and Grants Division. The Agreement shall specify that the units shall be offered For Sale to First Time Home Buyers at 60% of the San Diego Area Median Income, or less. The approval and recordation of the agreement shall take place prior to Final Map recordation. This agreement shall be binding to all future owners and successors in interest. Resolution No. 2008 — October 21, 2008 Page 6 Planning Division 8. The building permit shall indicate the approved exterior colors and materials on file with the Planning Division. 9. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc., shall be submitted for review and approval by the Director of Planning and Building. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on -site, including the 6-foot cedar fencing enclosing each of the private yards. Landscaping, irrigation and street trees (averaging one tree for every 40 feet) shall be provided to the walkway. 10. A lighting plan for the site shall be provided to the Planning Division to identify all proposed lighting along driveways and walkways throughout the site for review and approval prior to the issuance of building permits. 11. Trash enclosure shall be provided as indicated on the approved site plan in accordance with City standards to the satisfaction of the Planning Division. The exterior design of the trash enclosures shall reflect similar materials of the residential units. 12. Exterior walls of trash enclosures and any freestanding walls to a height of not Tess than 6- feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 13. Within four (4) days of final approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the Planning Division. Fire Department 14. The project is to be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition of CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 15. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the Fire Marshall. 16. The secondary fire access shall meet fire lane requirements of 20-feet clear width and 28-feet radius corners, subject to the satisfaction of the Fire Marshall. 17. Entry/Exit electric operated gates shall have a Knox key switch, as well as opticom sensors. 18. Access roadways (Driveways A, B, and C) shall be marked as a "no parking fire lane" throughout the development to the satisfaction of the National City Fire Department. Resolution No. 2008 — October 21, 2008 Page 7 Engineering Department 19. A Hydrology study (100-year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 20. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review to the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 21. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 22. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 23. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 24. A sewer permit shall be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6-inch in size with a dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Resolution No. 2008 — October 21, 2008 Page 8 25. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 26. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 27. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (Sidewalk). 28. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 29. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed (gutters on 8th street and alley). 30. A title report and grant deed shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 31. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. Final Map Requirement 32. The final parcel map shall meet all of the requirements of the Subdivision Map Act and the City of National City Municipal Codes, including certification, acknowledgement, complete boundary information, and monumentation. 33. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 34. Separate water and sewer laterals shall be provided to each lot/parcel. Resolution No. 2008 — October 21, 2008 Page 9 35. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 36. SUSMP documentation must be submitted and approved. 37. All utility distribution facilities to the units and within the project shall be placed underground. Pursuant to City Council approval of October 7, 2008, the two utility poles bordering 18th Street are not required to be removed or relocated 38. The final map shall be recorded prior to issuance of any building permit. 39. All new property line survey monuments shall be set on private property, unless otherwise approved. 40. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of October, 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 ,`,,FETING DATE October 21, 2008 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City of National City Council approving a Landscape Maintenance Agreement (LMA) with Califomia Department of Transportation (CALTRANS) to maintain landscaping in the CALTRANS Right of Way as part of the Bay Marina Drive Widening Project, funded through tax increment fund in the amount of $6,700 annually until parcel adjacent to the Caltrans Right -of -Way are privately developed. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION In conjunction with the Bay Marina Drive Widening Project, the City is landscaping the Caltrans Right-of-way. The LMA covers maintenance by the city and/or the land developers of landscaping, irrigation, sidewalks, brow - ditch, electrical, etc within the state Right of Way along both sides of Bay Marina Drive from Cleveland Avenue to Interstate 5. Cost/maintenance will be covered in accordance with National City Municipal Code after parcels are developed privately. 2 Environmental Review X N/A MIS Approval Financial Statement Approved By: mnance Director The maintenance cost for the CALTRANS area is estimated at $6,700 annually. ost/maintenance will be covered in accordance with National City Municipal Code when parcels are developed privately. Account No. STAFF RECOMM DATION Adopt the Resoluti BOARD / COMMIS ON RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Landscape Maintenance Agreement (3 original copies for signature) A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO MAINTAIN LANDSCAPING IN THE STATE'S RIGHT OF WAY AT THE INTERSECTION OF INTERSTATE 5 AND BAY MARINA DRIVE AS PART OF THE BAY MARINA DRIVE WIDENING PROJECT WHEREAS, the California Department of Transportation ("Caltrans") and the City of National City desire to enter into a Landscape Maintenance Agreement ("LMA") to allocate their respective obligations relative to the newly constructed or revised improvements within the State's right of way as part of the Bay Marina Drive Widening Project; and WHEREAS, the LMA addresses the City's responsibility for the landscaping, planting, irrigation systems, letter and weed removal, swales, sidewalks, enhanced paving, lighting, and parking restriction signs placed within the State Highway right of way at the intersection of Interstate 5 and Bay Marina Drive. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Landscape Maintenance Agreement with the California Department of Transportation to maintain landscaping in the State's right of way at the intersection of Interstate 5 and Bay Marina Drive as part of the Bay Marina Drive Widening Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF ('ALI1 ORNIA—HI SINESS, I_RANSI'ORTATIQN AND 15)1(SING AGENCY ARNOLD SCIIWAR/FNEGGFR Governor DEPARTMENT OF''TRANSPORTATION DISTRICT II 4050 TAYLOR STRE;I: T AN I)IEGO, CA 92110 ONE (619) 688-3305 vrorkX (619) 688-3314 'ITV 711 September 2, 2008 Ms. Barby "Tipton Stormwater Compliance City of National City 1243 National City Blvd. National City, CA 91950 RE: LMA for Route 5 / Bay Marina Drive Dear Ms. 'Tipton: 1 1-S D-005 PM 10.04 LMA 11-8322 Permit No. 1 l-04-NMC-0367 Enclosed are an original and two copies of Landscape Maintenance Agreement (I,MA) No. 11- 8322 for the intersection of Interstate 5 (1-5) and Bay Marina Drive in National City. The LMA covers maintenance by the City of the landscaping, irrigation, sidewalks, brow -ditch, etc. within state Right of Way along both sides of Bay Marina Drive to the freeway ramps (see Exhibit `A'). Please sign all three copies and return with three certified copies of your authorized resolution. When the Agreements have been signed by the State, we will send you one fully executed Agreement and as many confirmed copies as you request. Thank you for your prompt attention to this matter. Should you have any questions, please contact Maintenance Agreement Coordinator Brent McDonald at (619) 688-6141. rTqci�^ J. CMANUS D p y District Director Ma ntenancc Enclosures "Caltrans improves mobility across California.' 1 1-SD-005 PM 10.04 V+ LMA 11-8322 AGREEMENT FOR LANDSCAPE MAINTENANCE WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 5 WITHIN THE CITY OF NATIONAL CITY THIS AGREEMENT is made and executed effective this day of , by and between the State of California, acting through its Department of Transportation, hereinafter referred to as "STATE," and the CITY of NATIONAL CITY, hereinafter referred to as "CITY," together referred to as "PARTIES". W ITNESSEI'I I RECITALS: 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number(s) 11-07-NMC-0367. 2. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation systems, litter and weed removal, swalcs, sidewalks, enhanced paving, lighting, and parking restriction signs (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 5, as shown on Exhibit 'A', attached to and made a part of this Agreement. Section I In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: a) PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, & maintenance, (collectively hereinafter "MAINTAIN / MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A." b) When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and provide a new dated and revised Exhibit "A" which will be made a part hereof by an amendment to this Agreement when executed and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. Section II CITY agrees, at CITY expense, to do the following: a) CITY may install, or contract authorizing a licensed contractor with appropriate class of license in the State of California, to install and/or thereafter MAINTAIN (section 27 of the Streets and highways Code) LANDSCAPING conforming to those plans and specifications (PS&E) pre -approved by STATE. h) CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards. c) CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. d) An Encroachment Permit rider may he required for any changes to the scope of work allowed by this agreement prior to the start of any work within STATE's right of way. e) CITY contractors will he required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. f) To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth in perpetuity. g) To replace unhealthy or dead plantings when observed within 30 days when notified by STATE that plant replacement is required. h) To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances arc always maintained for the safety of the public. i) To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 2 J) To control weeds at a level acceptable to STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA-17) to the STATE to Steve Davidson, Landscape Specialist, at the Traffic Management Center (TMC), 7183 Opportunity Road (MS-59), San Diego, CA 92111. k) To prevent materials related to highway Planting Maintenance Operations and other deleterious materials from entering STATE's drainage gutters, drainage outlets and storm drain pipesTo expeditiously repair any STATE facility damage ensuing from CITY'S LANDSCAPE presence and activities, including, but not limited to, damage caused by plants and plant roots and to reimburse STATE for its costs to repair STATE facility damage ensuing from CITY's LANDSCAPE presence and activities should STATE be required to cure a CITY default. m) To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. n) To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. o) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. p) To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. q) To MAINTAIN all sidewalks (including enhanced paving) within the AGREEMENT limits of the STATE highway right of way, as shown on Exhibit "A", at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement, and to grind or patch vertical variations in elevation of sidewalks for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks or the LANDSCAPING in an expeditious manner. r) To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. s) To allow random inspection of LANDSCAPING, street lighting systems, sidewalks, and signs by a STATE representative. 1) To keep the entire landscaped area policed and free of litter and deleterious material. u) All work by or on behalf of CITY will be done at no cost to STATE. Section III STATE agrees to do the following: a) Provide CITY with timely written notice of unsatisfactory conditions that require correction by CITY. b) Issue encroachment permits to CITY and CITY contractors at no cost to them. c) Ensure that the costs of relocation, reconstruction or replacement of LANDSCAPING resulting from future public and private projects and encroachment permittees are borne by the parties responsible for these activities that result in the need to relocate, reconstruct or replace the LANDSCAPING. Section IV Legal Relations and Responsibilities: a) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and MAINTENANCE of these STATE highway improvements or ('ITY facilities different from the standard of care imposed by law. b) If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. The CITY hereby agrees to pay said STATE expenses within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to effect that cure. 4 c) Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by SPATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to he done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of Cl'I'Y. d) Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to he done by CITY under this Agreement. e) Prevailing Wage Requirements Workers employed in the performance of work contracted for by LOCAL AGENCY, and /or performed under encroachment permit, arc covered by the prevailing wage provisions of the Labor Code in the same manner as are workers employed by STATE's contractors. LOCAL AGENCY shall require its contractors to include prevailing wage requirements in all subcontracts entered into to perform the work mentioned in this agreement. All the LOCAL AGENCY's contracts with their contractors shall include a requirement that contractors and their subcontracts shall include prevailing wage requirements identical to those set forth in this Agreement. f) Termination This Agreement may he terminated by timely mutual written consent by the PARTIES, and CITY's failure to comply with the provisions of this Agreement will be grounds for a Notice of Termination by STATE. g) Perm of Agreement This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties or until terminated by STATE for cause. 5 The 1'ARTIES are empowered by Street and Highways Code section 114 & 130 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. THE CITY OF NATIONAL CITY STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: WILL KEMPTON MAYOR Director of Transportation Attest: By: CITY Clerk Maintenance By: Ci['Y Attorney By: Deputy District Director By: **Attorney Department of Transportation Approval by STATE'S Attorney is not required unless changes are made to this form, in which case, the draft will be submitted to Headquarters for review and approval by STATE, 's Attorney as to form and procedures. 6 DIST. CO. RTE. POST MILE 11 SD 5 10.0 FMA 11-8322 (8/21/08) AREA MAP P AY MA - NA N.15._ !NT_RS,-An-: 5 (SOU r•IBOUND) 0 r- rn u CAL R.O.W. Artalt '''' AREA WITHIN CALTRAN$ R.OW. TO BE MAINTAINED BY NATIONAL CITY. LANDSCAPE MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 1 OF 1 C4111414 Q0.W. 83.31314C 110.11 111/2 / / •• ; - • L ' 11 ;1 • City of National City, California COUNCIL AGENDA STATEMENT NewJEETING DATE October 21, 2008 AGENDA ITEM NO. 10 l ITEM TITLE Resolution of the City Council of the City of National City approving Change Order No. 2 with Republic ITS, Inc. to purchase and install additional school zone signs, striping, flashing beacons and in -roadway crosswalk lights in the amount of $113,716.00 as part of the National City Safe Routes to School Project (Phase I), and authorizing the Mayor to execute the Change Order (Funded by State Safe Routes to School Grant and City General Funds) PREPARED BY Stephen Manganiello (1 DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. Environmental Review X N/A MIS Approval Financial Statement Funds available through Account #'s: 323-409-500-598-6166 (State Safe Routes to School Grant), 001-409-500-598-6166 (City General Fund) Approved By: Finance Director Account No. STAFF RECOMMENDATION t he resolution. RD / COMMISSION RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Change Order #2 A-200 (Rev. 7/03) Explanation The City was awarded a $432,000 State Safe Routes to School Grant, with a local contribution of $50,000 through the City General fund, for a total of $482,000. These funds are allocated towards engineering, infrastructure improvements, construction management, and public outreach and education for the project. On November 20, 2007 City Council approved a contract award to Republic ITS, Inc. in the amount of $314,760 for infrastructure improvements for the National City Safe Routes to School project, Specification No. 06-05. The original contract was increased by $3,400 through Change Order No. 1 to install an additional 340 square feet of sidewalk. The current contract amount for all work completed to date, including contingency work and Change Order No. 1, is $321,749. In an effort to expend the remaining grant funds, and based on the quality and timeliness of work provided by Republic ITS, Inc., City Engineering is requesting City Council the approval of Change Order No. 2 in the amount of $113,716 to authorize Republic ITS, Inc. to purchase and install additional school zone signs, striping, flashing beacons and in -roadway crosswalk lights. This change order will result in an increase in quantities only, and does not add any new construction line items to the contract. The new construction contract amount will equal $435,465. City of National City Safe Routes to School Project #06-05 CHANGE ORDER (CIO) CO #2 Contractor: Republic ITS September 25, 2008 `IN ' A Change Order is hereby recommended for the following work in the amount identified below: Description of Change in the Contract this Change Order will ADD the installation of school zone signs, striping, flashing beacons and in - roadway crosswalk lights. See Contractor's proposal (Attachment "A") for details. Cost Reconciliation This change in the contract was reviewed and negotiated by and between City Representatives and the Contractor and represents the entire agreement for the work described herin and includes all costs associated with the work including but not limited to manpower, equipment, labor, fees, taxes, insurnace, bonding. overhead, profit. etc. and there will he no other compensation. This Change Order hearby incorporates the original contract and all its referenced documents' terms and conditions. Justification for Change to Contract These changes are made at the request and direction of the City for additional safety equipment that qualify and are funded under the State Safe Routes to School Program. Construction Contract Accounting Summary Original Contract Amount: 314,760.00 Approved Contingency Work: 3,589.00 Net change by previously authorized Change Orders: 3,400.00 Contract amount prior to this Change Order: 321,749.00 Amount of this change order: 113,716.00 vole New contract amount: $ 435,465.00 Original contract time (calendar days): 40 Previously approved additional working days: 0 Additional working days for this change order: 40 Total contract time (working days): 80 Reviewed by. City Engineer Dale Project Manager Date Principal Civil Engineer f):ate City Traffic Engineer Date Agreed to and Accepted by: Approved by. - Republic ITS Date Mayor of National City Date CC: Republic ITS Construction File "ATTACHMENT A" - SAFE ROUTES TO SCHOOL (SPEC. NO. 06-05) - CHANGE ORDER #2 No. Location Item Quantity Unit Unit Cost Total Sign Removal/Installation 1 18th, west of Wilson Install 1 SA-D on Type 9A pole & mastarm assembly (see Item No. 45) 1 each $390.00 S390 2 18th & "E" Remove 1 SA-B sign; install 4 R49 signs (48"x18", double arrow) on ped barricades (see Item No. 46) 4 each S160.00 $640 3 18th & "G" Install 4 R49 signs (48"x18", double arrow) on ped barricades (see Item No. 47) 4 each S140.00 $560 4 18th between Palm & Grove Remove 2 SA-C; install 2 SA-C 2 each S360.00 S720 5 16th between "D" & Highland Remove 3 SA-C; install 2 SA-C 2 each S405.00 $810 6 "D" Avenue, north of 16th Remove 2 W11-2 signs: install 2 SA-D signs 2 each $360.00 S720 7 "D" Avenue. north of 16th Install 2 SA-B signs 2 each S280.00 $560 8 "D" Avenue, north of 16th Install 2 R1-5a signs 2 each S220.00 $440 9 Plaza & "E" Remove 4 R49 signs: install 4 R49 signs (42"x18", 2 left arrow, 2 right arrow) on existing ped barricades 4 each S230.00 $920 10 28th, west of Highland Remove 1 SA-B sign; install 1 SA-B sign (no arrow plaque) 1 each $360.00 $360 11 20th, west of Newell Install 3 R3-4 signs 3 each $220.00 $660 Subtotal $6,780 Flashing Beacons 12 18th, west of Wilson Install 2 solar -powered flashing beacons (model R247C) on Type 9A pole & mastarm assembly (see Item No. 45) 2 each $2,709.00 $5,418 13 18th between Palm & Grove Install 2 solar -powered flashing beacons (model R829C) on same posts as SA-C signs (see Item No. 4) 2 each $5,083.00 S10,166 14 16th between "D" & Highland Install 2 solar -powered flashing beacons (model R829C) on same posts as SA-C signs (see Item No. 5) 2 each $5.083.00 $10,166 Subtotal $25,750 In -Roadway Lighting for Crosswalk 15 "D" Avenue, north of 16th Install 14-unit solar -powered In -Roadway Lighting Crosswalk System 1 each S42,700.00 $42,700 Subtotal $42,700 "ATTACHMENT A" - SAFE ROUTES TO SCHOOL (SPEC. NO. 06-05) - CHANGE ORDER #2 No. Location Item Quantity Unit Unit Cost Total Striping Removal/Installation 16 18th & Coolidge Remove crosswalk; install crosswalk to match 26th & "F" s.f. $0 17 18th & Coolidge Refresh 2 "School" legends s.f. $0 18 18th & "C" Remove crosswalk; install crosswalk to match 18th & "F" s.f. SO 19 18th & "C" Refresh 1 "Slow" legend, 1 "School" legend and 1 "Xing" legend s.f. S0 20 18th & "C" Install 1 "Slow" legend, 1 "School" legend and 1 "Xing" legend s.f. SO 21 18th & "D" Refresh 2 crosswalks s.f. SO 22 18th & "E" Remove crosswalk s.f. $0 23 18th & "F" Refresh crosswalk s.f. SO 24 18th & "F" Refresh 1 "Slow" legend, 1 "School" legend and 1 "Xing" legend s.f. SO 25 18th & "F" Install 1 "Slow" legend, 1 "School" legend and 1 "Xing" legend s.f. $0 26 18th & Newell Refresh 3 crosswalks s.f. SO 27 16th & "D" Refresh 4 crosswalks s.f. SO 28 16th & "D" Remove 2 "School" legends and 2 "Xing" legends s.f. SO 29 16th & "F" Remove crosswalk; repair AC; install crosswalk to match 18th & "F" s.f. SO 30 16th & "F" Refresh 2 "Slow" legends, 2 "School" legends and 2 "Xing" legends s.f. $0 31 16th & "F" Install 2 "Slow" legends, 2 "School" legends and 2 "Xing" legends s.f. $0 32 "D" Avenue, north of 16th Remove crosswalk; install crosswalk to match 18th & "F" s.f. $0 33 "D" Avenue, north of 16th Remove 2 "Ped" legends and 2 "Xing" legends; install 2 "Slow" legends, 2 s.f. SO "School" legends and 2 "Xing" legends 34 "D" Avenue. north of 16th Install 2 "Yield" lines per CSP A24E s.f. SO 35 Plaza & "D" Refresh 2 crosswalks s.f. $0 36 Plaza & "E" Refresh crosswalk s.f. $0 37 Plaza & "E" Refresh 4 "School" legends s.f. $0 38 Plaza & "E" Remove 4 "Zone" legends s.f. SO 39 8th & "E" Refresh 4 "Slow" legends, 4 "School" legends and 4 "Xing" legends s.f. SO 40 9th & "E" Refresh crosswalk s.f. SO 41 24th & "F" Refresh 4 "Slow" legends, 4 "School" legends and 4 "Xing" legends s.f. SO 42 26th & "D" Remove crosswalk; install crosswalk to match 18th & "F" s.f. SO 43 26th & "D" Refresh 2 "Slow" legends, 2 "School" legends and 2 "Xing" legends s.f. SO 44 26th & "F" Refresh crosswalk s.f. SO l l "ATTACHMENT A" - SAFE ROUTES TO SCHOOL (SPEC. NO. 06-05) - CHANGE ORDER #2 No. Location Item Quantity Unit Unit Cost Total Estimated Quantities for Items 16 thru 44 Grind Conflicting Markings per Sq. Ft. 1100 s.f. S3.30 $3,630 Ln Ft. 12" Thermoplastic Crosswalk/Limit Lint 2280 s.f. S3.10 $7,068 Thermoplastic "Sharks Teeth @ YIELD Locations 80 s.f. $3.85 $308 Thermoplastic Pavement Markings Sq. Ft. 2000 s.f. $5.40 S10,800 s.f. $0 Subtotal $21,806 Poles / Barricades 45 18th, west of Wilson Install Type 9A pole & mastarm assembly per CSP ES-7K 1 each S14,400.00 $14,400 46 18th & "E" Install 2 Type I ped baricades per CSP ES-7P 2 each $570.00 $1,140 47 18th & "G" Install 2 Type I ped baricades per CSP ES-7P 2 each $570.00 $1,140 Subtotal $16,680 TOTAL $113,716 Notes: - A walkthrough will be conducted to determine exact locations for all new installations - All signs to be installed on 2" square steel posts (per specs) unless specified otherwise - All signs to be high intensity grade and include anti -graffiti coating - SA = School Assembly; include arrow plaque for SA-B unless specified otherwise - CSP = Caltrans Standard Plans (May 2006) - "Remove" crosswalk requires grinding/sandblasting - "Refresh" crosswalk does not require grinding/sandblasting - "Install" crosswalks/legends using thermoplastic material (per specs) - Refer to Caltrans Standard Plans A24D and A24E for pavement "legend" s.f. SUBMITTED BY: REPUBLIC, ITS ....4144sesolsonasses, Martin Eichmann, Regional Manager Dated: September 25, 2008 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WITH REPUBLIC ITS, INC., IN THE AMOUNT OF $113,716 FOR THE PURCHASE AND INSTALLATION OF ADDITIONAL SCHOOL ZONE SIGNS, STRIPING, FLASHING BEACONS, AND IN -ROADWAY CROSSWALK LIGHTS AS PART OF THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT WHEREAS, the City was awarded a $432,000 State Safe Routes to School Grant with a local contribution of $50,000 through the City's general fund for a total of $482,000; and WHEREAS, on November 20, 2007, the City Council approved a contract award to Republic ITS, Inc., in the amount of $314,760 for infrastructure improvements for the National City Safe Routes to School Project; and WHEREAS, Change Order No. 1 in the amount of $3,400 provided for the installation of 340 square feet of sidewalk; and WHEREAS, Change Order No. 2 in the amount of $113,716 provides for the purchase and installation of additional school zone signs, striping, flashing beacons, and in - roadway crosswalk lights as part of the National City Safe Routes to School Project, which will expend the remaining grant funds for infrastructure improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Change Order No. 2 to the contract with Republic ITS, Inc., in the amount of $113,716 for the purchase and installation of additional school zone signs, striping, flashing beacons, and in -roadway crosswalk lights as part of the National City Safe Routes to School Project. Said Change Order is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of October, 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 iEETING DATE October 21, 2008 AGENDA ITEM NO. 11 ITEM TITLE A Resolution of the City Council of the City of National City approving Change Order Number Eight to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project FY 08-09 (Phase 2) in the amount of $10,180.00 for construction supervisor services for the installation of the Kimball Park Skate Park Project and authorizing the Mayor to sign the change order. (Funded through Parks and Recreation Capital Outlay) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 *" Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total cost of the project is estimated to be $165,000 via resolution # 2008-154. The total amount for change order No. 8 is $10,180.00 and is within the estimated budget for this project. Funding is available through Parks and Recreation Capital Outlay Funds Acct No. 115-409-500-598-4128. Account No. TAFF RECOMMENDATION Ado t Resolution. O RD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Change Order #8 A-200 (Rev. 7/03) SPEC 08-04 1XPLANATION On May 6, 2008, Community Services, working closely with the Engineering Department, requested Council approval on the development and allocation of funding in the amount of $165,000 for a skate park in the southwest section of Kimball Park. On August 5, 2008, Resolution 2008-154 memorialized the appropriation of the funding from the Parks and Recreation Capital Outlay Fund. With the budget mentioned and the assistance of Navy volunteers and Public Works staff, a new skating surface, fencing, lighting repair, and several skateboard components were installed in record time and resulted in the recent grand opening on Friday, September 19, 2008, of National City Week where kids and adults of all ages have enjoyed and utilized National City's long-awaited public skate park. During the construction phase of the project, the unassembled skate park components required supervised installation to ensure proper assembly and retain the manufacturer's warrantee. In an effort to expedite the installation, it was decided by Engineering that installation coordination be provided by American Ramp Company (the manufacturer of the skate park components) via Koch -Armstrong General Engineering. Inc, the prime contractor for phase two of this year's street resurfacing project. The original contract amount was $5,327,000. Change Orders one through seven were -previously approved for a cumulative amount of $36.758 using resurfacing funding sources. a..�fhe current total contract amount prior to this recommended change order is $5,363,758.00. Staff is recommending the approval of Change Order Eight in order to provide payment for construction supervisor services from a different account (see below) for the installation of the Kimball Park Skate Park Project. With this change order request, the contract cost with Koch - Armstrong General Engineering, Inc. is increased by $10,180.00 resulting in a new contract amount of $5,373,938.00 for this project. As stated in the Financial Statement, the total cost of this subsidiary project to the resurfacing contract is estimated at $165,000 per resolution No. 2008-154. Funding will be provided through Parks and Recreation Capital Outlay Funds Account Number 115-409-500-598-4128. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 8 TO THE CONTRACT WITH KOCH-ARMSTRONG GENERAL ENGINEERING, INC., FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 (PHASE 2), IN THE AMOUNT OF $10,180 FOR CONSTRUCTION SUPERVISOR SERVICES FOR THE INSTALLATION OF COMPONENTS FOR THE KIMBALL PARK SKATE PARK PROJECT WHEREAS, during the installation of the Kimball Park Skate Park, the unassembled skate park components required supervised installation to ensure proper assembly, and to retain the manufacturer's warrantee; and WHEREAS, in an effort to expedite the installation in time for National City Week, it was decided by the Engineering Department that the coordination of the installation be provided by the manufacturer of the skate park components, American Ramp Company, via Koch -Armstrong General Engineering, Inc., the prime contractor for Phase Two of this year's Street Resurfacing Project; and WHEREAS, Change Order No. 8 in the amount of $10,180 provides payment for construction supervisor services for the installation of the Kimball Park Skate Park components, bringing the total Street Resurfacing Project contract amount to $5,363,758. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Change Order No. 8 in the amount of $10,180 to the contract with Koch -Armstrong General Engineering, Inc., for construction supervisor services performed by American Ramp Company for the installation of components for the Kimball Park Skate Park Project. PASSED and ADOPTED this 21 st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City National City Streets Resurfacing Project Project #08-04 CHANGE ORDER #8 August 14, 2008 Contractor: KOCH-ARMSTRONG A Change Order is hereby recommended for the following work in the amount identified below. Description of Change in the Contract This Change Order will ADD Construction Supervisor, Jason Stouder, from American Ramp Company, to supervise the installation of all American Ramp Products received by the City of National City at the Kimball Park Skate Facility in manner so as to validate the manufacturer's warranty. (Please see attachment for further explanation.) Cost Reconciliation This change in the contract was reviewed and negotiated by and between the City Representatives and the Contractor and represents the entire agreement for the work described herein and includes all costs associated with the work including but not limited to manpower, equipment, labor, fees, taxes, insurance, bonding, overhead, profit, etc. and there will be no other compensation. This Change Order hereby incorporates the original contract and all its referenced documents' terms and conditions. Justification for Change in Contract This change is at the request and direction of the City to provide a supervisor for the installation of the Skate Park fixtures and ensure proper workmanship for the validation of the product warranty. Construction Contract Accounting Summary Original Contract Amount. 5,327,000.00 Net change by previously authorized Change Orders: 40,430.50 Contract amount prior to this Change Order: 5,367,430.50 Amount of this change order 10,180.00 New contract amount. $ 5,377 610 50 Original contract time (calendar days): 90 Previously approved additional working days: 0 Additional working days for this change order 0 Total contract time (working days). 90 Reviewed by: City Engineer rincipal Civil EngTeer Date Project Manager Agreed to and Accepted by Approved by. Koch -Arm trong CC: Construction File Koch -Armstrong Date Date Mayor of National City Date ATTACHMENT TO CHANGE ORDER #8 EXPLANATION During the construction phase of the project, the unassembled skate park components required supervised installation to ensure proper assembly and retain the manufacturer's warrantee. In an effort to expedite the installation, it was decided by Engineering that installation coordination be provided by American Ramp Company (the manufacturer of the skate park components) via Koch -Armstrong General Engineering, Inc, the prime contractor for phase two of this year's street resurfacing project. ,`,. KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561-2005 FAX: (619) 561-0317 LICENSE 194819-A CHANGE ORDER PROPOSAL #23 SKATEPARK RAMP SUPERVISOR C. e 0 If--- e PAGE 1 OF 1 TO NATIONAL CITY STREE1 RESURFACING FY 06 07 ATTN BYRON WADE 1243 NATIONAL CITY BLVD TEL (619) 336-4380 NATIONAL CITY . CA 91950 FAX (619) 336 4397 DATE 9/26,2008 We propose to furnish all labor, material,and equipment necessary to perform the following items of work, subject to terms and conditions stated. This quotation expires 30 days from the date above and is good for work completed within one year of date above unless otherwise noted. JOB LOCATION KIMUALL PARK SKATE FACILITY, W 15th STREET -EAST OF NATIONAL CITY BOULEVARD IDENTIFIED "NATIONAL CITY STREET RESURFACING PROJECT ". CHANGE ORDER PROPOSAL #23- PROVIDE SKATEPARK RAMP SUPERVISOR ITEM DESCRIPTION APPROX. QUANTITY UNIT UNIT PRICE TOTAL 1 PROVIDE A SUPERVISOR FROM, 'AMERICAN RAMP COMPANY' TO SUPERVISE AND ADVISEt 1 LS ON THE INSTALLATION OF RAMPS. AMERICAN RAMP CO 1 LS 8717 20 KOCH-ARMSTRONG'S MARK-UP 15% PCT 1307 58 BOND COST 0.015 PCT 150 37 SUB -TOTAL 1 LS 10175.15 TOTAL- CHANGE ORDER PROPOSAL #23 10180.00 TERMS: 1 INCLUDES ONE MOVE IN, PREVAIL INC; WAGES. BOND COST 2 EXCLUDES ANY WORK/LABOR/ MATERIAL S OR ITEM NOT SPECIFICALLY STATED IN QUOTE, SPRAYING S TRFEL S THAT HAVE BEEN CRACKSEAI.ED AT BEGINNING OF START DATE 1 L CONDITIONS 1 Does not include permits. bonds, any torn of engineering(stakmg testing rnspecfion. etc ). base under concrete, redwood headers, striping. traffic control. or utility adjustment unless otherwise specified 2 Monthly Progress Payments and Full Payment upon completion Accounts are delinquent after 30 days and they are subject to the maximum finance charge allowable by law 3 Work to be done rn accordance with plans specdreations and quantities identified above Koch.Armstrong General Engrneenng. Inc shall be notified In writing poor to any proposed changes 4 Suhgrade to he taken from .1 10' to balance and at or below optimum moisture before Koch Armstrong General Engineering. Inc begins work unless otherwise specified 5 Any unusual conditions of subsoil encountered. such as buried slabs underground piping trash deposits, etc shall be deemed cause for addrtrenal charges 6 Required Gahfornla Preliminary Lien intonation (Cahfurnra Civil Cafe Section 3097;2098) shall be provided to Koch -Armstrong General EngineeringInc before work begins 1 Suhlecl to Credit Approval and verification of California Preliminary Lien information 8 Class 2 material if included is 3',4" recycled Class 2 per Caltrans Standard Specification Section 26 unless otherwise noted Acceptance: Please sign and whim one copy this quotation constitutes the sole and only agreement Any prior agreement;. negotiations etc. , not set forth herein are of no force nr effect New, NA1 IONAL CITY STREET RESURFACING FY 06.07 By: By: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. Date FRANK HERRERA 9/26/08 American Ramp Company 601 McKinley Avenue Joplin, MO 64801 USA Voice: Fax: 877 -7 26 -7 77 8 417-206-6888 Sold To: National City CA 1243 National City Blvd National City, CA 91.9`50 Customer 11): Customer PO "Enroute CA, National City Quantity item 1.00IPs-Installation r Remit To: American Ramp Company P.O. Box 3221 Joplin, MO 64803 Payment Terms Net 30 Days Description uperv.ised Installation yo y"-( Z=J'L,G) Due Date 9/28/08 1I s 'off S C-To tod-o Invoice Invoice Number: 18652 Invoice Date Aug 29, 200Nmo, Page: Sales Rep II) Unit Price 8,717.20 Subtotal Sales Tax Total Invoice Amount Payment/Credit Applied TOTAL Extension 8,717.20! 8,717.20 8,717.20 8,717.2b City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2008 AGENDA ITEM NO. 12 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to Industrial Coating and Restoration Services, Inc., in the base bid amount of $88,000.00 and alternative bid amount of $14,501.25 totaling $102,501.25 for the National City Police Department Parking Lot Deck Waterproofing Project. (This is a CIP Project funded through General Funds.) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 2 Environmental Review X N/A MIS Approval Financial Statement Approved By: -/- Finance Director The total estimated amount for the work is $141,000. Funding is available through Account 001-409-500-598-1408 (General Funds). Account No. STAFF RECOMMENDATION opt, he ' esolution. / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 3. Bidders' Proposal Summary Sheet 2. Bid Opening Information Sheet SPEC 08-14 A-200 (Rev. 7/03) .XPLANATION In spring of 2008, the Police Department had continuing concerns with cracks in the concrete of the upper parking lot allowing water infiltration into the interior of Police Headquarters. There was a concern by the Engineering Department that the water could possibly compromise the structural integrity of the building by corroding and weakening the rebar. A state -licensed structural engineer was brought in to access the concern. Fortunately, it was found that no structural damage had occurred. However, to stop the water from leaking into the building and avoid possible future structural damage, a waterproofing membrane is highly recommended by both the structural engineering consultant and our Engineering Department. Police consulted with the Engineering Department for assistance since design plans and contractual specifications were important for a project of this magnitude. The engineer's estimate was established at $105,000 for the waterproof coating (base bid) and $25,000 for the caulking (alternative bid #1), totaling $130,000. On September 2, 2008, the National City Police Department Parking Deck Waterproofing Project was advertised. The project consists of the cleaning and installation of a waterproofing membrane system for vehicular traffic areas on the top deck of the National City Police Department Parking Structure. On September 16, 2008, an optional pre -bid meeting was held to answer any questions and provide site access to potential bidders. On September 23, 2008, eight bids were received and opened by our City Clerk (See attachment )r listing). As stated in the bid documents, the sum of the base bid and additive bid alternative #1 was the determining factor in establishing the apparent lowest bidder, i.e. the alternate bid could be accepted or removed upon the recommendation of staff and the discretion of City Council. Review of the bid documents and research of the apparent lowest bidder, Industrial Coating and Restoration Services, was completed. The aforementioned company has a valid current contractor's license, outstanding references, and many years of experience. They are qualified to perform the scope of work the City is seeking. In summary, staff has completed a comprehensive review of all the proposals and found the lowest responsive bidder, Industrial Coating and Restoration Services, qualified to perform the scope of work as specified in the base bid amount of $88,000 and additive alternate bid item number one (Remove and Replace Caulking) for $14,501.25 totaling $102,501.25 for the National City Police Department Parking Lot Deck Waterproofing Project. (Please see attached Bidders' Proposal sheet for details.) The staff recommendation is to award the contract to Industrial Coating and Restoration Services to perform the work. The total cost of the project is estimated to be $141,000 for the base bid and the alternate bid item. This amount includes the construction base and alternative bid amount of $102,501.25 plus approximately 20% ($20,500) for contingencies, approximately 12% ($12,300) for construction management services, and approximately 5% ($5,125) for materials testing and lspection. CALIFORNIA NATIONAL, CI r'y INCOItPOHATED BID OPENING SPECIFICATION .NUMBER: 08-14 PROJECT TITLE: NATIONAL. CITY POLICE DEPARTMENT PARKING LOT DECK WATERPROOFING TIl\IE: 3:00I'.M. ESTIMATE: S105,000 BASE 131D,' S25,000 ALT. L311) 4=1 PROJECT ENGINEER: I3YRON WADE NO. BIDDER'S NAME (I'.A(iE 13-14) BID Ah101)N"I (PAGE 15) ADDENDA (I'.A(i1: l ) RIDsF(URIIY (1'A(iF I?-enI,(K (I'AUI 18-130ND) I . 'Industrial Coating and Restoration 2534 Oceanside 13lvd. Oceanside, ('A 92054 $ 88,000.00 $ 14,501.25 1 130ND $102,501.25 2. F.D. "Thomas, Inc. 8018 Portland Avenue, E. Tacoma, OVA 98404 $ 98,75(1.0(1 $ 13,500.00 1 BOND $112,250.00 3. Carolino Construction Corp. 3035 F. 8'I' Street National City, CA 91950 $ 99,999.00 S 25.000.00. S124,999.00 1 13ONI) 4. South ('oast Specialty Systems. Inc 7966 Arjons Drive, Ste. C San Diego, CA 92126 S135,000.00 S 12,375.00 1 BOND $147,375.00 5. DV Josue Construction, Inc. 371 13randywood Street San Diego, CA 92114 $120,880.00 28, I25.00 $149,005.00 I BOND 6. Best Contracting Services 19027 S. Hamilton Avenue Gardena, CA 90248 $138,830.00 $ 11,250.00 $150,080.00 1 BOND 7. Symbolic Builders 3525 1)el Mar heights Road tt274 San Diego, Ca 92130 S143,500.00 $ 15,660.00 $159,160.00 1 BOND 8. Slater Waterproofing 5577 Arrow highway Montclair, (`A 91763 $158,880.00 $-. 9 562.50 1 BOND $168,442.50 I T INA I IVINHL I I T - MIL) JUIVIIVIANY PROJECT NAME: Hir • \ c, • FILE NO BID D \ I 11.,D ‘1 \lIfIr:; t"si A1100 \ I ()\\ I< I \ ,IDI k. I 1/ U33\ Hill AMID NI ...la,r Irr:. :••• j• ‘. I ‘1 \ I. \ DID DDI I I IDD \1 iiirI I\ I .1 S:4 01.1i FIGURES CHECKED BY: CHECKLIST NO ITEM QTY UNIT !1 • \ ENGINEER'S ESTIMATE 'ernancez '0!8i2.008 I I2 3 ., A \ 1,1“(;I, (3 LowysT fill)l)ING ..,- i. Sr 1.,:r.•,A1 t r. : A •: ,A:. covrit.1("11)12S1 :760.554 :,541 :253 5-.3.1625 .,,• 4: 424-4242 ,_,N.' ::7-_,E— T..7,•-",=', . JN — •:—/:S. UN 7 COS f. T,rA,. , , ,. ., • , • • ,f:. ' .: , •• , .: 7.: 2._ ', , • • .2 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INDUSTRIAL COATING AND RESTORATION SERVICES, INC., IN THE BASE BID AMOUNT OF $88,000, AND ALTERNATIVE BID AMOUNT OF $14,501.25, TOTALING $102,501.25 FOR THE NATIONAL CITY POLICE DEPARTMENT PARKING LOT DECK WATERPROOFING PROJECT WHEREAS, the Engineering Department, in open session on September 23, 2008, did publicly open, examine, and declare eight sealed bids for the National City Police Department Parking Lot Deck Waterproofing Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards a contract for the National City Police Department Parking Lot Deck Waterproofing Project to the lowest responsive, responsible bidder, to wit: INDUSTRIAL COATING AND RESTORATION SERVICES, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with Industrial Coating and Restoration Services, Inc., in the base amount of $88,000, and alternative bid in the amount of $14,501.25, for a total amount of $102,501.25 for the National City Police Department Parking Lot Deck Waterproofing Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2008 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 2 to the agreement with Rick Engineering Company in the amount of $6,500.00 to design and prepare specifications and plans for the Marina Way Storm Drain. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION As part of the Disposition and Development Agreement with Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation, the City is responsible to install a storm drain on Marina Way. The City entered into an agreement by Resolution No. 2008-69 on May 9, 2008 with Rick Engineering Company for design services. Amendment #1 in the amount of $24,600 to provide geotechnical services and prepare design development and construction documents to the Historic Train Depot parking lot brought the total contract to $395,197.00. This amendment #2 to Rick Engineering Company's agreement is for design and preparation of specifications and plans for the Marina Way Storm Drain Project (specification 08-12) not to exceed $6,500.00 and will bring the total agreement of authorized work to $401,697.00 A resolution to transfer and appropriate funds is on the Community Development Commission Agenda. Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available through tax increment undesignated fund balance account number 511-2501 and appropriations in the amount of 6,500 will be established in account number 511-409-500-598-3852 (Marina Way Storm Drain). Account No STAFF RECOMMENDATION Ad• •t the Resolution. 4.__7 et/4/4-7 OARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (2 Original copies) rick 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. 2 TO THE AGREEMENT WITH RICK ENGINEERING COMPANY IN THE NOT TO EXCEED AMOUNT OF $6,500 TO DESIGN AND PREPARE SPECIFICATIONS AND PLANS FOR THE MARINA WAY STORM DRAIN PROJECT WHEREAS, pursuant to the Disposition and Development Agreement with Marina Gateway Development company, LLC, and Sycuan Tribal Development Corporation, the City is required to install a storm drain on Marina Way; and WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 2008-69, approving an agreement with Rick Engineering Company for civil engineering design services for the Bay Marina Drive Improvement Project; and WHEREAS, Amendment No. 1 to the Agreement in the amount of $24,600 was for geotechnical services and the preparation of design development and construction documents to the Historic Train Depot parking lot; and WHEREAS, Amendment No. 2 is for design and preparation of specifications and plans for the Marina Way Storm Drain Project for the not to exceed amount of $6,500, bringing the total agreement amount to $401,697. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 in the not to exceed amount of $6,500 to the Rick Engineering Company for design and preparation of specifications and plans for the Marina Way Storm Drain Project. Said Amendment No. 2 is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney fhl RICK ENGINIiIRING COMPANY Exhibit "A" Contract Addendum Rick 1:ngincering Company Job No. 12861-N September 8, 2008 Addendum No. 2 PageIofI Ms. Maryam I3abaki City of National City 1243 National City Boulevard National City, California 91950 JOB DESCRIPTION: MARINA GATEWAY STREETSCAPE By signing below as indicated, Rick Engineering Company is authorized to expend an additional $6,500.00, bringing the total amount authorized as of this date to $401,697.00, to perform work in conjunction with our contract dated May 6, 2008. Additional Scope of Work: Prepare construction specifications for the construction of the storm drain within the City's property adjacent to Marina Way. This storm drain is being installed to provide a connection for Marina Gateway hotel. Included arc the modifications to the hotel plans showing storm drain to facilitate the City's work on a new set of plans. These plans will he included in said specifications as well as will existing Marina Way (I larrison Avenue Fxtension) landscape and irrigation plans for reference for landscape repair. All other provisions of the original contract are to remain unchanged. Authorized by: RICK F. ( 1 'RINK Signatur Approved by: CITY OF NATIONAL. CITY John D. Goddard, Jr. R3037 Date: September 8, 2008 Title: Associate Principal Date: Signature: 'Title: JF)(i KVM srK•Job Files \12861\N\Addenda\Add 2 AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This Amendment to Agreement is entered into this 8") day of September. 2008, by and between the City of National City, a municipal corporation ("CITY"), and Rick Engineering Company (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on May 6, 2008 ("the Agreement"), wherein the CONTRACTOR agreed to provide civil engineering design services for the Bay Marina Drive Improvement Project. B. The parties desire to amend the Agreement to expand the Scope of Services to include additional services to design and prepare construction documents for the storm drain to be constructed on Marina Way in conjunction with the Marina Gateway Project. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed not to exceed $6,500.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 6, 2008, through the adoption of City of National City Council Resolution No. 2008-69, shall be amended by expanding the Scope of Services as set forth in the attached Exhibit "A", which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and ' provision of the Agreement dated May 6, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor RIC. ENGIN• ERING COMPANY (Cor..r on - sign ures of two corporate (P n: rsh - one sip nature) (So , p .pn torship - •ne sig 1)1 B rC. ame) ficers) *ciordj J-• (Print) ; rc i APPROVED AS TO FORM (Title) George H. Eiser, III City Attorney (Title) RICK ENGINEERING COMPANY Exhibit "A" Contract Addendum Rick Engineering Company Job No. 12861-N September 8. 2008 Addendum No. 2 Page 1 of 1 Ms. Maryam I3abaki City of National City 1243 National City Boulevard National City, California 91950 JOB DESCRIPTION: 11IARINA GATEWAY STRELTSCAI'E By signing below as indicated, Rick Engineering Company is authorized to expend an additional $6,500.00, bringing the total amount authorized as of this date to $401,697.00. to perform work in conjunction with our contract dated May 6. 2008. Additional Scope of Work: Prepare construction specifications for the construction of the storm drain within the ('ity's property adjacent to Marina Way. ''his storm drain is being installed to provide a connection for Marina Gateway I lotel. Included are the modifications to the hotel plans showing storm drain to facilitate the C'ity's work on a new set of plans. These plans will he included in said specifications as well as will existing Marina Way (1larrison Avenue Extension) landscape and irrigation plans for reference for landscape repair. All other provisions of the original contract are to remain unchanged. Authorized by: RICK L. Signat Approves:' i y: CITY OF NATIONAL IONAI. CITY 'ERI i COMP NY it John D. Goddard, Jr. I 33037 Date: September 8, 2008 Title: Associate Principal Date: Signature: Title: JIX; RVMsr.K •Job File \1286l',N`.Addenda',Add 2 AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This Amendment to Agreement is entered into this 8'l' day of September, 2008, by and between the City of National City, a municipal corporation ("CITY"), and Rick Engineering Company (the "CONTRACTOR"). RECITALS The CITY and the CONTRACTOR entered into an agreement on May 6, 2008 ("the Agreement"), wherein the CONTRACTOR agreed to provide civil engineering design services for the Bay Marina Drive Improvement Project. The parties desire to amend the Agreement to expand the Scope of Services to include additional services to design and prepare construction documents for the storm drain to be constructed on Marina Way in conjunction with the Marina Gateway Project. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed not to exceed $6,500.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 6, 2008, through the adoption of City of National City Council Resolution No. 2008-69, shall be amended by expanding the Scope of Services as set forth in the attached Exhibit "A", which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 6, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM RICK ENGIN (Corpor signa (Partger4-hip one si. (Solership - By ame) ERING COMPANY ures of two corporal officers) mature one s up) ja,„ e (f a (1.1 (Print) 7 kELV )C ( fir'tr [-. pp• (Title) George H. Eiser, ill (Name) City Attorney (Print) C. 04_ i (Title) City of National City, California COUNCIL AGENDA STATEMENT October 21. 2008 EETING DATE AGENDA ITEM NO. 14 ITEM TITLE Resolution accepting the lowest, responsive, responsible bid from Ironman Parts & Services. for the diesel retrofitting of equipment to conform with Calif. Air Resources Board regulations of 3 trucks and 1 bus, for a total award of $59,040.72. PREPARED BY Brenda E. Hodges, C.P.M DEPARTMENT Purchasing Dept. EXT.x4570 EXPLANATION Request for Bid #GS0809-1 was issued for the diesel retrofitting of (3) trucks, 2000 Intl Harvester IHC, 2001 Ford F450 Truck w/ Rodder. Freightliner Chipper/Dump Truck, and (1) bus, 2002 Thomas Bus/Converted School Bus. This contract is to retrofit the diesel particulate filters on the vehicles so that they will conform with Calif. Air Resources Board Regulations. Bids were mailed to eleven (11) vendors, netting six (6) responses. Bids were opened and publicly read on September 25, 2008 with no vendors present for the opening. Ironman Parts & Services offered the lowest, responsive, responsible bid in the amount of $59,040.72. Three (3) vendors opted not to bid, and five (5) vendors did not respond. The award to Ironman Parts & Service will be $59,040.70, including tax and delivery. J (Environmental Review N/A MIS Approval Financial Statement $85,000 was budgeted for this purchase. Approved By:" Finance Director 644-422-223-511 $59,040.72 Account No. STAFF RECOMMENDATION In concurrence with the Public Works Director, the Purchasing Agent recommends that the award be made to Ironman Parts & Service, and thgt authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) Resolution Bid Abstract Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FROM IRONMAN PARTS AND SERVICE FOR THE DIESEL RETROFITTING OF THREE TRUCKS AND ONE BUS TO CONFORM WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS FOR A TOTAL AWARD OF $59,040.72 WHEREAS, the Purchasing Agent of the City of National City did, in open session on September 25, 2008, publicly open, examine and declare six sealed bids for the diesel retrofitting of a 2000 International Harvester IHC truck, a 2001 Ford F450 truck with rodder, a Freightliner chipper/dump truck, and a 2002 Thomas bus/converted school bus to conform with California Air Resources Board regulations (Bid #GS0809-1); and NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the diesel retrofitting of three trucks and one bus to conform with California Air Resources Board regulations, to the lowest responsive bidder, to wit: IRONMAN PARTS AND SERVICE BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Ironman Parts and Service in the amount of $59,040.72 for the diesel retrofitting of a 2000 International Harvester IHC truck, a 2001 Ford F450 truck with rodder, a Freightliner chipper/dump truck, and a 2002 Thomas bus/converted school bus to conform with California Air Resources Board regulations (Bid #GS0809-1). Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Purchasing Dept BID ABSTRACT #GS0809-1 9/30/2008 Vendor/Location Ironman Corona, CA Action Turbo Repair Santee, CA Valley Power Systems Mira Loma, CA Dion International Truck San Diego, CA Nixon -Egli Ontario, CA Quinn City of Industry, CA A-Z Bus Sales Colton, CA Cummins Cal Pacific Corona, CA Emissions Retrofit Sacramento, CA Engine Control Systems Reno, NV Hawthorne Power Systems San Diego, CA Total Bid Payment Turn -Around find tax & delivery) Terms Time $59,040.70 Net 30 6-7 weeks $61,819.20 Net 30 5 weeks $89,698.39 Net 30 6 weeks No Bid No Bid No Bid No Response No Response No Response No Response No Response AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND IRONMAN PARTS & SERVICES THIS AGREEMENT is entered into this 21st day of October, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and IRONMAN PARTS & SERVICES, a California company (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to retrofit existing diesel equipment for compliance with the California Air Resources Board regulations. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A (Bid #GS0809-1)". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. David Pease, Equipment Maintenance Supervisor hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision 1 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 City's Standard Agreement - June 2008 revision The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the California Govemment 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 CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional 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 CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 City's Standard Agreement — June 2008 revision 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 vie than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. if the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to 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 attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 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, Califomia, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 r/' Ninsif City's Standard Agreement — June 2008 revision 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, retum 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 Califomia) 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: Brenda E. Hodges, C.P.M. Purchasing Agent City of National City 2100 Hoover Avenue National City, CA 91950-4301 7 City's Standard Agreement — June 2008 revision To CONTRACTOR: Ironman Parts & Services 2535 Anselmo Drive Corona, CA 92879 PH (951)735-3710 FX (951)734-5833 EM sfetters@ironmanparts.com Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax 'must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 8 City's Standard Agreement — June 2008 revision 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 Califomia. 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. 9 City's Standard Agreement — June 2008 revision SSA #141, Bid #GS0809-1 CITY OF NATIONAL CITY (Corporation - signatures of two corporate officers) (Partnership- one sign (Sole proprietorship - By: By: Ron Morrison, Mayor (Name) (1)1611 Pilf)1( (S- (Punt) erts�de�� APPROVED AS TO FORM: By: George H. Eiser, III (Na (Title) City Attomey SSA #141 10 y /l/LLY (Print) cop, (Title) City's Standard Agreement - June 2008 revision ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP IDBT AFSIN-1 DATE (LI UDO/TYYY) 10/07/08 PRODUCER ASK Universal Underwriters Insuran 7045 College Blvd. Overland Park KS 66211 ' le: 800-840-8842 Fax: 913-469-3769 AFS, Inc dba Ironman Parts 2535 Anselmo Drive Corona CA 92879 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE MISER Westrope & Associates N SURLN B NSURER C N SURER D N SURER E' NAIC # COVERAGES 17E ANY MAY POLICES NSR 1.71i POLICIES REM/RELENT. PERTAN, AGGREGATE ADDS RAM OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F OR THE POLICY PERIOD NDICATED NOTWITHSTANDING TERM OR CONORION OF ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR THE INSURANCE AFFORDED BY TIE POLICES DE SCREED HERE IN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMDD/YY) POLICY EXPIRATION DATE (YWOD/YY) -- _..._.__ _.. __ WITS GENERAL GENE --� UABLf V COAIAERCIALGENERAL LABILITY EACH OCCURRENCE f DAMAGE TO BEHIND --- PREMISES (Ea oca*.,oe) --- --.- f CLAIMS MADE r_ I OCCUR 7 MED EXP (MY one P.rson1 f — - _. PERSONAL a A0v NARY f f GENERAL AGGREGATE AGGREGATE LIMIT APPLES PER PRODUCTS • CCAPIOP AGG f POLICY -I—I PJEFIT I Ir I LOC AUTOMOBILE -- — - --, ,—_ LIABILITY ANY AUTO ALL OWNED AUTOS sc mn FD AUTOS HNED AUTOS Np1-0ANED AUTOS --- COMBINED SINGLE LIMIT (Es *Tuaent) f BODAT INAIRY (Pet person) --- _ BODILY RAJRY (Po( 00.8. 1I) --- f PROPERTYDAMAGE (PH . d.nt) _ ___ __ . .__. __. GARAGE .-- LABILITY ANY AUTO AUTOONLY • EA ACCIDENT f OTHER THAN EA ACC f AUTO ONLY AGG f I XCE55DMBRELLA LIABILITY OCCUR I _ CLAIMS MADE DEDUCTIBLE RETENTION f EACH OCCURRENCE f AGGREGATE f f -- ._--- f S --- WORKERS COMPENSATION EMPLOYERS LABILITY—"" ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER AND E%0.lICED9 Cebu WC S1ATU• 01H• TOFLY UNITS ER " El EACH ACCIDENT .- f _.. .. _. _._.... _—� E.l. DISEASE • EA EMPLOYEE f /I Yee. describe under SPECIAL PROVISIONS E L DISEASE - POLICY EMIT f A OTHER Professional Liab 03036282 08/02/08 08/02/09 per Claim 1,000,000 Ret/Ded 25,000 DESCRPTON OF OPERATIONS ;LOCATORS 1 VEHICLES I EXCLUSIONS ADOEO BY ENDORSEMENT J SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 CERTIFICATE HOLDER CANCELLATION NATIONAL CITY PURCHASING DEPT 2100 HOOVER AVENUE 'tar' NATIONAL CITY CA 91950 SHOULD ANY OF THE. ABOVE DE SCREED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE 165111ND INSURER WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER HOMED 70 7HE LEFT. BUT FALURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KID UPON THE NSURER, ITS AGENTS OR REPRESENTATIVES. 10 DAYS WRITTEN AUTHORIZED REPRESENTATIVE Bruce Hawley-A-AE-SCA-W ACORD 25 (2001/08) © ACORD CORPORATION 1988 ACORD,,,, CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE (MM/DD/WW) 10/03/2008 PRODUCER Zurich, ASM Account Service Center 7045 College Blvd. Overland Park, KS 66211 Fax: 888-734-6776 Ph: 877-225-5276 opt. 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED 0201315-01 IRONMAN PARTS & SERVICE AFS, INC. DBA 2535 ANSELMO DRIVE CORONA, CA 92879 INSURER A: Universal Underwriters Insurance Company 41181 INSURERB. Universal Underwriters of Texas Ins. Co. 40843 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADO'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LIABILITY GENERAL LIABILITY 287501 08/03/08 08/03/09 EACH OCCURRENCE $ 300,000 XCOMMERCIAL DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE X OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRO- ❑ POLICY ❑ JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 1 ,000,000 A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 287501 08/03/08 08/03/09 SINGLE LIMIT (Ea accNED ident) $ 300,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ A X GARAGE LIABILITY ANY AUTO 287501 08/03/08 08/03/09 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ 300,000 AUTO ONLY: AGG $ A EXCESSAIMBRELLA LIABILITY OCCUR f CLAIMS MADE DEDUCTIBLE RETENTION $ 0 287501 08/03/08 08/03/09 EACH OCCURRENCE $ 4,000 000 X AGGREGATE $ PRODUCTS COMP/OP AGG $ 4,000,000 $ X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATUTORY OTHER LIMITS E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT I OTHER Customer Auto - Direct Primary 287501 08/03/08 08/03/09 $ 120,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents and employees are named as an Additional Insured ONLY if Toss is due to negligence of the Named Insured. Umbrella acts as excess liability to provide the required $2,000,000 Limit. CUSTOMER AUTO - DIRECT PRIMARY (END. 0389) CUSTOMER AUTO LEGAL LIABILITY FOR NATURAL DISASTERS Reason for Certificate: PRODUCTS SUPPLIED 30 day notice of cancellation applies, except for cancellation due to non-payment of premium. CERTIFICATE HOLDER CANCELLATION THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY,CA 91950 Attn: DEBBIE LUNT Fax: 1-619-336-4597 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOP TO MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIA OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) CMWO - 060552 © ACORD CORPORATION 1988 r,. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 0 . Name and Address of Insured: UNIVERSAL UNDERWRITERS INSURANCE COMPANY 7045 College Boulevard, Overland Park, KS 66211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IRONMAN PARTS & SERVICE AFS, INC. DBA 2535 ANSELMO DRIVE CORONA, CA 92879 Noe ASM Account #0201315-01 Territory 1/1361 ENDORSEMENT NUMBER 533 OTHER INSURED — (AUTO) The WHO IS AN INSURED condition in this Coverage Part is changed by adding the following to "With respect to AUTO HAZARD": (5) The person or organization shown in the declarations as applicable to this endorsement, its directors, officers and employees but only with respect to your negligent acts. The who is not an insured condition in this coverage part does not apply to this endorsement. This endorsement modifies insurance provided under the following: POLICY NUMBER POLICY PERIOD COMMERCIAL GENERAL LIABILITY (COVERAGE PART 500) 287501 08/03/08-08/03/0._di Name of Person or Organization: THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Date October 6, 2008 Countersigned by: Authorized Representative \4. ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/7/2008 PRODUCER GERALD B HIER INSURANCE AGENCY 100 S Citrus Ave Ste 204 ovina, CA 91723 44.''(800)300-1922 INSURED AFS,Inc.,Zippy Lube-A-Truck, Inc. Ironman Renewal, LLC 2535 Anselmo Drive Corona, CA 928/9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Mid -Century Insurance INSURER B: NAIC# INSURER C: INSURER Cr. INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNsR LTR AMYL NERD TYPE OF INSTJRANCE - POLICY NUMBER POLICY EFFECTIVE DATE(MM!DOIYYI POLICY EXPIRATION DATE(MM/DDIYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 DAMAGE- 10 HENIED PREMISES (Ea occJrence) S CLAIMS MADE l I OCCUR MED EXP (Any one person) S PERSONAL E. ADV INJURY S GENL —I { GENERAL AGGREGATE S AGGREGATE LIMIT APPLIES PER: POLICY I^ PRO- JECT LOC PRODUCTS - COMP/OP AGG S A X AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNE-DAUTOS 60467-24-87 08/03/08 08/03/09 (O aawdmlSINGLE LIMIT S 1,000,000 BODILY INJURY (Perperscn) S x x x BODILY INJURY (Per acadent) S PROPERTY DAMAGE (Peracridenl) S GARAGE -` LIABILITY ANYAUTO I AUTO ONLY -EA ACCIDENT S EAACC OTHER THAN S ALITOONLY. AGG S EXCESS/UMBRELLA —I LIABILITY EACH OCCURRENCE S OCCUR ri CLAIMS MADE AGGREGATE 5 DEDUCTIBLE RETENTION S S S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROMETORIPARTNER/EXECUNVE OFFICER/WARIER EXCLUDED7 Ityes,descnbetmder SPECIAL PROVISIONS below WC STATU- 1 OTH- j TORYLIMRS ER E L. EACH ACCIDENT 5 E.C. DISEASE - EA EMPLOYE( S E.L. DISEASE - POLICY LIMIT S A OTHER Hired Auto Physical Damage 60358-50-12 08/03/08 08/03/09 $50,000.00 per occurance DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of National City is named as additional insured CERTIFICATE HOLDER CANCELLATION The City of National City 1243 National City Blvd National City, CA 91950 � I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES VE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 l6 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2001/08) \L9 ACOJ CERTIFICATE OF LIABILITY INSURANCE OP ID BM AIRCO-1 DATE(MNUOQMYYY) 10/01/08 PRODUCER Automotive Aftermarket Svcs 0B82045 6939 Sunrise Blvd. Suite 4111 Citrus Heights CA 95610-7634 ae: 888-383-2274 Fax: 916-676-0828 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 4 'NSINOWIED AFS, Inc. (dba) Ironman Parts & Service Havel Golden 2535 Anselmo Drive Corona CA 92879 INSURERA: Oak River Insurance Company INSURER B. INSURER INSURER D. INSURER E: COVERAGES THE ANY MAY POLICIES. INS LTA POLICIES REQUIREMENT. PERTAIN. -A JNSRD OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE (MM/DDO Y) POUCY EXPIRATION DATE (MMIDD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE t0 (EaHoeNne PREMISES oecuenco) S CLAIMS MADE OCCUR MED EXP (Any ono person) S PERSONAL & ADV INJURY 5 GENERAL AGGREGATE 5 GENt '-1 AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG S POLICY .PIERC n IOC AUTOMOBILE LIABILITY ANY AUTO ALl OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE. LIMIT (Ea acc dM$) 5 BODILY BJ.IURY (Pi Pci ) $ __.., BODILY INJURY (Per aa0oenq S PROPERTY DAMAGE (RN a c 4onl) S GARAGE LIABIUTY ANY AUTO AUTO ONLY • EA ACCIDENT S - OTHER THAN EA. ACC S AUTO ONLY: AGG S EXCESSAIMBRELLA --] LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE 5 DEDUCTIBLE RETENTION S 5 - S S A WORKERS COMPENSATION ANO EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUOED? I yea. Oascribo udel SPECIAL PROVISIONS below 2200053633-081 08/03/08 08/03/09 WC STAT U. OTH- X TORY LIMITS ER E.L.EACH ACCIDENT 51000000 E.L. ()APACE • EAEMPLOYEE S 1000000 EL DISEASE- POLICY LIMIT $ 1000000 OTHER DESCRIPTION Of OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS A11 California Operations. waiver of Subrogation endorsement attached. CERTIFICATE HOLDER CANCELLATION The City of National City Debbie Lunt 1243 National City Blvd. National City CA 91950 CITYNAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILTTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE UIIZSI-An Agcy Owned by Zu ACORD 25 (2001/08) 1�. © ACORD CORPORATION 19 Oak River Insurance Company PO Box 881236, San Francisco, CA 94188 Phone: (888) 495-8949 Fax: (866) 228-4613 Automotive AfterMarket Services Automotive Aftermarket - Auto Repair (Citrus Heights) 6939 Sunrise Blvd. Suite 111 Citrus Heights, CA 95610 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED: AFS, INC. DBAs: See extension page on policy 2535 ANSELMO DRIVE CORONA, CA 92879 The following documents provide details for the following endorsement: Subro Waiver Endorsement (Specific) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02A (Ed 1-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA PER -PROJECT (SPECIFIC) BASIS e have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right "ainst the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5,00 % of the California workers' compensation premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5.00% of risk standard premium. The minimum premium for this endorsement is $ 350.00 Schedule Person or Organization City of National City 1243 National City Blvd., National City, CA 91950 Job Description RE: all projects and services This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/03/2008 Insured AFS, INC. Ir.....ance Company Oak River Insurance Company Policy No.2200053633-081 Endorsement No. 4 Premium $ Countersigned by WC 99 04 02A (Ed 1-07) Iq City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950 Ph: (619) 336-4570 Fax: (619) 336-4597 CITY OF NATIONAL CITY REQUEST FOR BID Bid #: GS0809-1 Title: Diesel Retrofit Equipment to conform with Ca. Air Resources Board Regulations Date Issued: August 13, 2008 Pre -Bid Conference: Monday, August 25, 2008 at 11:00am. See 'Special Conditions' section of bid Final Questions Due:: Wednesday, September 3, 2008 at 5:00pm. See 'Special Conditions' section of the bid. Bids Due: Thursday, September 25, 2008 by 3:30 p.m. Note: Bids must be received in the Purchasing Office, at the address above, by the date & time shown. Note: • Bid is subject to all terms and conditions contained herein. • For information call: Brenda E. Hodges, C.P.M. Purchasing Agent (619) 336-4570 'A ' ® Recycled Paper INSTRUCTIONS FOR COMPLETING REQUEST FOR BID OR PROPOSALS 1. Where applicable, price each item separately. Prices should be stated per unit(s) specified herein. 2. Bids/Proposals must be submitted to, and received by, the Purchasing Agent, City of National City, 2100 Hoover Avenue, National City, CA 91950, by the time and date specified on the cover page. Submittals will be publicly opened at that time. 3. Bids must be submitted using the forms and return address label provided as a part of this bid package. If the form is deemed inadequate, additional information may be submitted with the proposal, via an attachment of catalogs, drawings, photographs or letter. Letters repeating prices and details from the City's specifications should be omitted. Prices shall be firm and not subject to escalation unless allowed in "Special Conditions" section of this bid. The enclosed label should be attached to the envelope in which the bid/proposal is being mailed, so that it is clearly identified as such. 4. Bids/proposals shall be prepared in ink, by typewriter or on computer. Pencil is unacceptable. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the proposal. 5. Bids/proposals are subject to acceptance at any time within 30 days after opening of same, unless otherwise stipulated by the City. 6. Bids/Proposals received after the prescribed time of opening will be time stamped and returned to the bidder unopened. See #2 above. 7. If you choose to "NO BID", or not to respond to this request, return the cover page and state reason; otherwise your name may be removed from the City's bidder list. 8. Should a vendor find discrepancies in, or omissions from the specifications, or be in doubt as to their true meaning, vendor may request an interpretation from the Purchasing Agent. The person submitting the request shall be responsible for its prompt delivery. Any interpretation of, or change to the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City will not be responsible for any other explanation or interpretations. continued on next page In the case of a conflict or discrepancy between instructions in the "Standard Terms and Conditions" and the "Special Terms and Conditions" sections of this proposal, the instructions specified in the "Special Terms and Conditions" shall prevail. In the case of conflict between any terms and conditions and actual product specifications, the product specifications shall prevail. 9. Failure to respond to any portion of the Specification may be cause for rejection of bid. 10.Any vendor who wishes to withdraw its bid/proposal must do so before the time and date established for opening. 11. If there are any questions or comments relative to technicalities of the bid/proposal, they must be submitted in writing to the City Purchasing Agent within 24 hours after the due date and time. 12.Vendor shall read all attached terms, conditions and specifications carefully; they are a part of the bid/proposal and shall be submitted with your response on the due date. 13.No bid/proposal shall include federal excise tax, inasmuch as the City is exempt and will furnish exemption certificate upon request. Prices shall not include state sales or use tax, and taxes should only be listed if a separate and specific space has been provided. The City will pay applicable state sales or use taxes. STANDARD TERMS AND CONDITIONS FOR REQUEST FOR BIDS or PROPOSALS 1. EQUAL OPPORTUNITY Each vendor, having a contract with the City in excess of $10,000 annually, shall comply with the City's Equal Opportunity Program. This requires vendors to have an Equal Opportunity Program of their own, a copy of which must be submitted with the bid, or otherwise filed with the City's Purchasing Department. Companies with fewer than fifteen (15) regular, full-time employees at the time of award, are exempt. The object of this program is to assure that vendors will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin; and will take action to assure that applicants are employed and that employees are treated, during employment, without regard to race, color, religion, sex, or national origin. A copy of the City's Equal Opportunity Program, which is incorporated herein by reference, will be furnished upon request. The City of National City, as a matter of policy, encourages the participation of small, minority, women and handicapped owned businesses. 2. ASSIGNMENT OF RIGHTS TITLE AND INTEREST In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Page 1 3. AWARDS Bids will be awarded to the lowest responsive, responsible bidder(s). The City however, reserves the right to reject any or all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bid or in the bidding. The City reserves the right to make the award to the overall low bidder, or to split the award amongst the bidders. Award of the bid to be made within 30 days after the bid opening date, unless otherwise notified by the City. Proposals will be awarded based on best value, and to the vendor who provides the best solution to the City. In determining the lowest bid, discounts of 21 days or greater will be considered; however, pricing less than 21 days will be considered net. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered unresponsive and will be rejected. Prices shall include all freight charges. 4. CAL OSHA As applicable, all items furnished under this bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended. 5. CONFLICT IN TERMS A purchase order resulting from this Request for Bid or Proposal will include all specifications, terms and conditions. The City's terms and conditions will take precedence over other terms and conditions. 6. DELIVERY Time is of the essence, and the Purchase Order is subject to termination for failure to deliver on time. The acceptance by buyer of later performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the vendor. Page 2 24. 7. INSPECTION All items or services are subject to final inspection and acceptance by the City. Defective items will be rejected by the City or made good by the vendor in a manner satisfactory to the City. Such final inspection shall be made within a reasonable time after delivery. 8. UNRESPONSIVE BIDS/PROPOSALS Bids or Proposals submitted in response to the City's request must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the Request for Bid/Proposal indicates alternate specifications will be acceptable. 9. PRICING In the event of a conflict between unit price and bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the bid/proposal will be rejected as unresponsive for reason of inability to determine the intended offer. 10. REJECTION OF BIDS/PROPOSALS The City reserves the right to reject any and all bids/proposals, should it deem necessary for the public good; and also the bid/proposal from any bidder who has been delinquent or unfaithful in any former contract with the City; and to accept or reject any item(s) thereon, or waive any informality in the process. 11. SAMPLES When requested, bidders shall submit properly marked samples of the article(s) on which the bid is made to the City. Any sample submitted must be clearly marked in such a manner that the marking is fixed, so that the identification of the sample is assured. Such marking shall state: (1) name of bidder, (2) bid number, and (3) item number. Samples, when required, must be furnished free of expense to the City, and if not destroyed by tests, will upon request be returned at the bidder's expense. 12. SIGNATURE All offers must be signed with the firm name and by an authorized officer or employee. The name is to be typed or printed along with signature. Obligations assumed by such signature must be fulfilled. Page 3 2� 13. TERMINATION A. The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price. B. The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such terminations: 1. The unit or pro-rata price for the delivered and accepted portion. 2. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. 3. In no event shall the City be liable for any Toss of profits on the resulting order portion thereof so terminated. C. The rights and remedies of the City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 14. TITLE Title to the material and supplies purchased shall pass directly from vendor to City at the F.O.B. point shown, subject to the right of City to reject upon inspection. Page 4 2V 15. VARIATIONS IN SPECIFICATIONS The City reserves the right to waive a variation in specifications if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. 16. WARRANTIES Vendor agrees that the supplies or services to be furnished shall be covered by the most favorable commercial warranties the vendor gives to any customer for the same or substantially similar supplies or services and that the rights and remedies so provided are in addition to and do not limit any rights afforded to the City. 17. FAILURE TO RESPOND In the event your company fails to respond to two (2) consecutive "Request for Bids/Proposals", your company will be deleted from the Purchasing Division's bidder list. Reinstatement can be accomplished upon request. 18. HAZARDOUS MATERIALS a. If the product being supplied contains any material which is listed on California OSHA Director's List, and/or California Administrative Code Title 22, Public Health Service Chapter 30 as hazardous; the successful bidder shall forward a Material Safety Data Sheet (MSDS), (OSHA Form 20), referencing the Purchase Order Number, to San Diego County, Department of Health Services, 1700 Pacific Highway, San Diego, CA 92101, Attn: Occupational Health Engineer, and to the National City Fire Department, 333 East 16th Street, National City, CA 91950 -4596, and to the Purchasing Agent at 2100 Hoover Avenue, National City, CA 91950-6599. b. In accordance with National City Council Policy, vendor shall not provide or deliver any product containing fully halogenated chlorofluorocarbons (CFC's) unless specifically authorized by the National City Purchasing Agent. If any of the items specified in this bid contain CFC's please alert the Purchasing Agent immediately. Page 5 21. 19. INDEMNIFICATION The Bidder shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, material, laborers, or any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this bid, and from any and all claims occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Contractor in.the performance of this contract. 20. BUSINESS LICENSE All vendors conducting business within the corporate limits of the City of National City must procure a business license. (Ref.: NCMC 6.04). Additional information may be obtained by calling the Business License Inspector at (619) 336-4265. 21. SPECIFICATIONS The specifications contained herein are to be considered as minimum. Vendors may offer equipment which exceeds these requirements, however, equipment which fails to meet the minimum requirement shall be considered as non- responsive to our needs. Any additions, deletions or variations to this specification must be stated. Bidder must furnish descriptive literature, complete specifications and data on the equipment proposed to be furnished. 22. AVAILABILITY OF FUNDING The City reasonably believes that funds are available for this purchase. However, depending on cost and budget availability at the time, the City may or may not make an award. The City's obligation for payment of any contract beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the City shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. LOCAL TAX INCENTIVE The City of National City receives sales tax revenue of approximately 1% of all taxable sales transacted in the City, and an additional 1% due to Proposition 'D'. Therefore, an adjustment of 2% may be made for bids submitted by local vendors. This 2% "deduction" will be made for evaluation purposes only, in an effort to determine the true cost to the City and therefore determine the lowest bid. A "local vendor" is defined as having a fixed location within the corporate limits of National City. Local vendors having multiple locations, must agree that any sales made to the City of National City, be negotiated from the National City location, and thus declared on the "State, Local and District Sales and Use Tax Return" filed with the State Board of Equalization as having National City as the point of sale. If the award is made to a local vendor, the City of National City may require a copy of the "State, Local and District Sales and Use Tax Return" submitted to the Finance Director. All returns will be treated in a confidential manner. By virtue of your signature on the bid package, you acknowledge, understand and agree with the above policy. 261 BRAND NAME OR EQUAL The use of the name of a manufacturer, or any special brand or make, in describing any item in the bid documents does not usually restrict bidders to that manufacturer or specific article. Such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of product that will be satisfactory. However, some items in this bid may have as part of their description, the term "No Sub". In order to provide uniformity and continuity in personnel training and service, or to maintain the integrity of standardization of products, or to conform to our current mode of operation, do not substitute these items. For items identified in this manner, no bids for substitute or equal items will be considered. Notwithstanding the foregoing, the City may impose additional restrictions in the Specifications or Special Conditions sections of these documents. If the bidder proposes to furnish an "equal" product, the brand name of the alternate item should be clearly stated on the bid form. Unless clearly indicated by the vendor that an "equal" product is being offered, the bid will be considered as offering the brand name product specified. If alternates are bid, literature must be submitted with the bid in order for the alternate to be considered. Literature must be descriptive enough for the Purchasing Agent to determine: (1) whether the product offered meets the minimum specifications required, (2) exactly what the bidder proposes to furnish, and (3) what the City would be committing itself to, by making the award. All items on which bids are submitted must in all cases be equal or better in quality and utility than those specified by the City. Determination of equality and acceptability of alternate products shall be solely at the discretion of the Purchasing Agent. The City reserves the right to waive a variation in specification if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. If the bidder proposes to modify a product so as to make it conform to the requirements of the request for bids, the bidder shall: (1) include with the bid, a clear description of such proposed modifications, and (2) clearly mark any descriptive material to show the proposed modifications. Modifications proposed after the bid opening to make a product conform to a brand name product referenced in the Request for Bids will not be considered. Caution to Bidders: The Purchasing Agent is not responsible for locating or securing any information which is referenced by the vendor, but not included with the bid response, and which is not reasonably available to the purchasing activity. SPECIAL CONDITIONS Pre -Bid Conference. A pre -bid meeting will be held on Monday, August 25, 2008 at 11:00 am. I.,ocation: Public Works Department Conference Room, 2100 Hoover Avenue, National City, CA 91950. Please check -in at the front counter. The first part of the meeting will occur in the conference room, followed by an equipment inspection at the same location. Please be on time. Although this meeting is not mandatory, you are highly encouraged to attend, since this may be the only time that the equipment will be available for inspection, or that you will be able to ask questions. Vehicle inspection will help you determine how to approach the retrofit, and what parts/equipment/labor costs to include in your bid response. Everyone attending the meeting will be required to sign in. Questions: Any questions you have should be brought up or addressed at the Pre -Bid Conference. However, if you do not attend the conference, or you have additional questions prior to submitting your bid, you must submit them in writing to the Purchasing Agent no later than September 3, 2008 at 6:00pm. This will allow sufficient time to issue an addendum prior to the due date for bids. Questions should be sent to the Purchasing Agent at 2100 Hoover Avenue, National City, CA 91950; or faxed to (619)336-4597; or emailed to: bhod es nationalcityca.gov. All questions should reference "Bid ##GS0809-1" and the Page/Section you are asking about. Addenda: Any changes or clarifications that need to be made to the bid documents (as a result of the pre -bid walk-through, or final date for questions) will be done via a written addendum. Addenda will be mailed to all vendors on the original mailing list. If you have obtained this bid package from someone other than the National City Purchasing Department, it will be your responsibility to follow up to see if any addenda were issued. All addenda are considered part of the bid package and subsequent award. Technical Representative: The City has designated the following individual as the Contracting Officer's Technical Representative (COTR): David Pease, Equipment Maintenance Supervisor at (619) 336-4588. The COTR is designated to receive vendor invoices, approve invoices for payment, coordinate pick-up and delivery, and provide technical guidance as required. The COTR is NOT authorized to change any terms or conditions of the bid or subsequent purchase orders. Changes to the specifications or Scope of Work shall be made only by the Purchasing Agent, by issuing a properly executed Change Order to amend the Purchase Order. Work Conformity: All work (which term throughout this clause includes the work performed, material furnished or utilized in the performance of the work, and workmanship in the performance of the work) shall be subject to inspection and test by the City. If any of the work performed hereunder is not in conformity with the requirements of this bid, the City shall have the right to require the contractor to perform the work again, in conformity with the requirement of the contract, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by the re -performance of the work, or the vendor fails to promptly perform the work in conformity with this bid, the City shall have the right to: a) perform the work, or have the work performed, in conformity with the requirements of the contract; and/or b) reduce the bid price to reflect the reduced value of the work performed, or otherwise charge the vendor any cost occasioned to the City that is directly related to the performance of such work; and/or c) terminate this contract for default. Authorization: Awarded vendor/installer must be authorized by the parts/equipment manufacturer to install and maintain the proposed parts/equipment. Experience/References: Bidders must have previous experience performing this work for another public agency. Please list references on a separate sheet of paper, and submit with the bid response. Describe work done, and include agency name, contact name, phone number and/or email address. Price Schedule: The attached Price Schedule must be used, however additional information may be submitted with the bid if desired. Bids must include all costs for all parts, labor, and transportation associated with the initial retrofit, and any required repairs during the warranty period. Work Location: Work under this contract may be performed on the vendor's site or on City property, whichever is most cost-effective for the City. Specify location for each piece of equipment on the Price Schedule attached. Fuel Costs: If work is to be performed at a location other than City property, the vendor must pay for fuel costs. The City will ensure that the fuel tanks are full at the time of pick-up. Vendor must deliver the vehicles with full tanks. Otherwise, the City will deduct the cost to top -off the tank from the vendors invoice. Air Resources Board (ARB) Regulations: All parts and equipment proposed in your bid, must be approved by ARB. All filters will be "Cleaire" brand, or equal, as determined/approved by ARB. MI labor and installation performed as a result of this bid must be in accordance with ARB Executive Order #DE-05-010-01, and any 32-. applicable ARB rules and regulations. Equipment must be retrofitted with the "best available control technology" (BACT) diesel particulate filers. All ARB information and regulations may be found on the ARB website at www,arb.ca.gov. The awarded vendor is responsible for ensuring compliance with ARB regulations. Warranty: The awarded vendor must warrant that the installation is free from defects in workmanship or materials which cause the diesel emission control strategy to fail to conform to the emission control performance level it was verified to or the other requirements of Sections 2700-2706 for the minimum time periods shown in Table 5. To access these sections and tables, go to the ARB website (specifically www.arb.ca.gov/diesel/verdev/verdev.htm). Click on "Regulation for the verification procedures for in -use strategies to control emissions from diesel engines". Scroll down to see the referenced Sections and Table. Service Agreement: The City's professional service agreement is required for all contracted services. A "sample" agreement is enclosed. This agreement is considered part of this solicitation and will be part of the subsequent award. Once an apparent low bidder has been identified, the "actual" agreement will be drafted for signature. Upon receipt of the signed original and the required insurance documents, the package will be submitted for Council approval and award. Equipment Location: Public Works, Equipment Maintenance Division, 2100 Hoover Avenue, National City, CA. 91950. Equipment will be picked up at, and/or delivered to this location. F.O.B Point: Bids must be quoted FOB National City Public Works. See equipment location above. No shipping, delivery or transportation charges will be paid by the City. Award: The award will be made to the lowest responsive, responsible bidder(s). The City, however, reserves the right to reject any or all bids, to accept or reject any one or more items on a bid, or to waive any irregularities or informalities in the bid, or in the bidding. The City reserves the right to award to the overall low bidder, or to split the award, therefore you may bid on all or part of the items. Notice to Proceed: Upon approval and award by the City Council, a purchase order will be issued. The purchase order will function as the "Notice to Proceed". Delivery Notification: Awarded vendor must notify David Pease, Equipment Maintenance Supervisor at (619) 336-4588 with a minimum of twenty-four (24) hours notice of intent to deliver. Please remember that we are closed on Fridays. 3� . To be submitted with this bid: References, per "Special Conditions" section All issued addenda Price Schedule Signature Section SPECIFICATIONS General description of work: Retrofit the diesel particulate filters on the following pieces of equipment, so that they will conform with California Air Resources Board (ARB) Regulations. Vehicles must pass an ARB inspection prior to acceptance by the City. Item #1 2000 International Harvester Truck, model #4700 (city fleet #392) Engine details: Make: International Harvester IHC Model: #DT466E C195 Family: #YNVXH0466ANA Manufacturer # 1833189C 1 Item #2 2001 Ford F450 Truck with Rodder (city fleet #410) Engine details: Make: Ford Model: 7.3L Family: 1 NVXH073ANA Manufacturer #: unknown Item #3 2002 Thomas Bus/Converted School Bus (city fleet #425) Engine details: Make: Cummins Model: EFISB190 356 5.9L Family: YCEXH0356BAP Manufacturer #: unknown 3A f Item #1 Proposed brand of filter: Address where work will be performed: City property PRICt SCHEDULE FOR NATIONAL CITY BID #GS0809-1 f Parts/Equipment Labor/Installation Cost (taxable) Cost (not taxable) 8.75% Tax Total Bid Cleaire Horizon M $ 11,522.00 $ 2,230.00 $ 1,008.18$14,760.18 Warranty for parts/labor: 5 years or 150,000 miles Turn -around time *: 6-7 weeks ARO Item #2 Proposed brand of filter: Address where work will be Cleaire Horizon M performed: City property Warranty for parts/labor: 5 Turn -around time *: 6 years or 150,000 miles -7 weeks ARO _ Item #3 Proposed brand of filter: j) Address where work will be Cleaire Horizon M performed: City property Warranty for parts/labor: 5 Turn -around time *: 6 years or 150,000 miles -7 weeks ARO Item #4 Proposed brand of filter: Cleaire Horizon M Address where work will be performed: City property Warranty for parts/labor: 5 years or 150.000 miles Turn -around time *: 6-7 weeks ARO Grand Total Bid $ 11022.00 $ 2,230.00 $ 1,008.18 $ 14,760.18 $ 11,522.00 $ 2,230.00 $1,008.18 $14,760.18 $ 11,522.00 $2,230.00 $1,008.18 $14,760.18 T:04-0.1C $sQ,040.72 *Turn -around time: this is the amount of time from the date you receive the City's Purchase Order, until you deliver the completed vehicle. It should include whatever time is necessary to order/receive parts, transport veh perform labor, etc. Company Name: Ica) Signatur Date: Q/ 1 1 � Item #4 Freightliner Chipper/Dump Truck, model #FL70 (city fleet #426) Engine details: Make: Caterpillar Model: 3126 7.2L Family: YCPX0442HRK Manufacturer #: Serial #8YL75181 SIGNATURE SECTION for National City Bid #GS0809-1 Failure to complete this section and to submit Price Schedule may cause bid to be deemed unresponsive. Your signature below states that you understand (and will comply with) all ARB Regulations, and all terms and conditions contained in this bid document and service agreement. Company Nam; Ironman SignatuDate: Printed Name: Craig Phillips Phone: 951-735-3710 Fax: 951-734-5833 Email: sfetters@ironmanparts.com Website: www.ironmanparts.com Payment Terms: Net 30 3L0 City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950 Ph: (619) 336-4570 Fax: (619) 336-4597 ADDENDUM #1 for: Deisel Retrofit, Request for Bid #0809-1 Due Date: Sept. 25, 2008 The enclosed notice has been sent to you by regular and first-class mail. Receipt of either constitutes service of notice. The specifications shall be revised by additions to, deletions from, clarifications and changes as stated in this addendum. Insofar as the original specifications are in variance with this addendum, this addendum shall govern. The following information is provided herein to address questions that came up during the pre -bid conference held on 8/25/08: 1. Fleet Retrofit Data Sheet (one page attached) 2. Labeling Requirements (2 pages attached) 3. If work is to be performed on City property, the City will provide air, power and canopies, but the awarded vendor is welcome to bring their own. 4. All of the vehicles are to be retrofitted with Active Diesel Particulate Filters (ADPF). We do not use our equipment enough or get the exhaust system hot enough, or long enough, for the passive system filters to work properly. Therefore the equipment would not be retrofitted properly if it were fitted with the passive filter. If you have already submitted your bid, and this addendum changes your response, please call the Purchasing Department immediately at (619)336-4570. We can return your unopened bid to you, or you may stop by in person to withdraw your bid and/or submit a new one. This addendum must be signed and returned to the Purchasing Department with your bid, or may be mailed separately. It must be received by the bid opening date/time. This addendum is to be incorporated in, and become part of the bid, and will become part of any subsequent award. Brenda E. Hodges, C.l Purchasing Agent Attached: 3 pages la nowledge receipt of addendum #1: Bidder Signature Company Issued: August 28,2008 9 Date off CC: Bid file ® Recycled Paper FLEET RETROFIT DATA SHEET CITY OF NATIONAL CITY BID #G50809-1 ADDENDUM #1 8/28/2008 Item # from bid specifications Vehicle ID (city fleet #) Group Type Make Model Year Eng_Make Eng_Model Eng _Disp Engine_hp Eng —Year Eng_Fam 392 2 Patch International Nate GVW 2007Miles Purifilter Combifilter Cleaire Longview Donaldson DPF 4700 2000 Navistar DT466E 7.6 195 410 2 Rodder Ford F-450 2001 Navistar powerstroke .8.3 7.3 8.3 235 217 425 2 Bus 426 2 White Chipper Dump Thomas Freightliner ISB190 ND 2002 2001 Cummins Caterpillar 3126 -99 210 2000 2001 2000 2000 YCPXH0466ANA 1NVXH073ANA YCEXH0359BAP YCPXH0442HRK 105885 1104263 37665 37667 -99 15,000 -99 -99 51000 <1000 -99 3000 DPX Catalyzed Soot Filter CRT Particulte Filter Cleaire Horizon Particulate Filter Umweltechnik DPF Notes Yes Yes Bidder to determine what system they think is verified for the engines. No db results. Yes Yes Yes Yes Yes Yes Yes Yes Bidder to determine what system they think is verified for the engines. No db results. Yes LABELING REQUIREMENTS NATIONAL CITY BID #0809-1, ADDENDUM #1 (page 1 of 2) From 13 CCR 2022.1 (3)(g): 3) Records Kept in the Vehicle. For each vehicle, beginning December 31, 2007, the municipality or utility shall keep the following information in the form of a legible and durable label affixed to the driver's side door jamb, or another readily accessible location known to the driver of each vehicle: (A)For each installed diesel emission control strategy, the diesel emission control strategy family name as specified in title 13, California Code of Regulations, section 2706(g)(2), and the installation date From 13 CCR 2706 (g)(2): (g) System Labeling. (1) The applicant must ensure that a legible and durable label is affixed on both the diesel emission control system and the engine on which the diesel emission control system is installed except as noted in (3) below. The required labels must identify the name, address, and phone number of the manufacturer, the diesel emission control strategy family name (defined in (2) below), a unique serial number, and the month and year of manufacture. The month and year of manufacture are not required on the label if this information can be readily obtained from the applicant by reference to the serial number. A scale drawing of a sample label must be submitted with the verification application. Unless an alternative is approved by the Executive Officer, the label information must be in the following format: Name, Address, and Phone Number of Manufacturer Diesel Emission Control Strategy Family Name Product Serial Number ZZ-ZZ (Month and Year of manufacture, e.g., 06-02) (2) Diesel Emission Control Strategy Family Name. Each diesel emission control strategy shall be assigned a family name defined as below: LABELING REQUIREMENTS NATIONAL CITY BID #0809-1, ADDENDUM #1 (page 2 of 2) CA/MMM/YYYY/PM#/N# #/APP/XXXXX CA: Designates a diesel emission control strategy verified in California MMM: Manufacturer code (assigned by the Executive Officer) YYYY: Year of verification PM#: PM verification level 1, 1+, 2, 2+, 3, or 3+ (e.g., PM3 means a level 3 PM emission control system). N# #: NOx verified reduction level in percent, if any (e.g., N25 means NOx reduction of 25 percent). APP: Verified application which may include a combination of On -road (ON), Off -road (OF), or Stationary (ST) XXXXX: Five alphanumeric character code issued by the Executive Officer In summary, we need three labels: 1. Door Jam Label 2. Engine Label 3. Label on the DPF 40 PARTS & SERVICESTM' Proposal for Diesel Retrofit Equipment to Conform With California Air Resources Board Regulations for City of National City Response to Request for Bid #GS0809-1 (Due September 25, 2008) lronman Sales Consultant: Bob Towle Prepared by: Sandy Fetters,Project Coordinator 2535 Anselmo Drive Corona, CA 92879 Date: 09/23/2008 AI Executive Summary lronman Parts & Services (Ironman) is pleased to respond to the City of National City's Request for Bid for the purchase and installation of Cleaire Horizon diesel particulate reduction devices on four (4) vehicles. lronman has been in the field of exhaust emissions for over 25 years, and we are partnered with the leading manufacturers of exhaust systems and components. We have completed thousands of diesel exhaust system retrofits for some of the largest fleets in the region and gained recognition as the leading consulting partner and system installer in California. Why Ironman? Our vast experience and specific knowledge of Best Available Control Technology (BACT) as regulated by CARB will ensure that the City of National City (City) obtains a successful emission reduction retrofit program. With lronman, you will be able to achieve "Emission Compliance with Confidence Best Available Control Technology (BACT) The California Air Resources Board (CARB) determines Best Available Control Technology (BACT) and mandates that BACT must be installed to meet compliance regulations. lronman has quoted calculated current BACT as of the date of this bid/quote. Material and labor costs are subject to increase as new advanced technologies are developed and approved as BACT or when vehicle assessments reveal quoted product is not verified as BACT. Contact Person The primary point of contact for contract (purchase order) execution, administration and compliance shall be carried out by Sandy Fetters, Ironman, 2535 Anselmo Drive, Corona, CA 92879. Contact Information: (951) 520-2978 — sfetters@ironmanparts.com. Mobile Services Ironman's installation teams work from fully stocked mobile trailers and will provide installations on -site at City's designated facility(ies). All work will be performed on dates/times mutually agreed upon by lronman and City representatives. City will make at least one bay available at each facility to Ironman's mobile installers for work to be performed. Warranty Information Warranty for the Cleaire Horizon is five (5) years or 150,000 miles. A copy of the product warranty is attached. Electrical Requirements The Cleaire Horizon's electrical demand is 2800 watts. Voltage requirement is 208 +/- 5 or (under Toad) single-phase AC & 60HZ. Voltage requirement of 240 is also available and must be requested at time product is ordered; otherwise, additional charges will apply. The circuit breaker requirement is 20 amps per plug. Each Horizon connected simultaneously requires its own electrical outlet. The connector plug is supplied; the cord to the outlet is customer's responsibility. All other electrical is part of the Horizon system and is contained on the vehicle. This quote does not include any electrical wiring at customer's site. Please note lronman cannot perform installations until we have verified the electrical infrastructure has been installed. The cord to the outlet is customer's responsibility. lronman can provide a 25' cable assembly for $485.00 or a 50' cable assembly for $650.00 plus sales tax. The assembly has a red plug on one end, and a 208V/20A or 240V twistlock connector on the other end. The twistlock connector can be removed if you want to hardwire the cable to a shut-off/circuit breaker box. To prevent premature plugging of the Horizon substrate, use of CJ-4 low -ash oil is recommended. Scope of Work Ironman proposes to fumish and install Cleaire Horizon diesel particulate reduction devices. Upon receipt of City's Purchase Order or written authorization to proceed, Ironman's Program Coordinator will schedule vehicle assessments and installations with City representatives. Please refer to the "Proposed Schedule" below. Compliance labels will be affixed as required by CARB, and any necessary testing will be conducted to verify the installation and functionality of the installed technology. AZ. Cost/Pricing Information Refer to City's "Price Schedule" attached. Pricing is per unit and includes the diesel particulate reduction device, applicable installation parts, clamps/brackets, delivery fees, labor and sales tax at 8.75%. Bid shall remain valid for a period of not Tess than 180 days from the date of submittal. Proposed Schedule + 6 — 7 weeks ARO This proposed schedule is based upon receipt of City's Purchase Order or written authorization to proceed. Data logging, vehicle assessments, and installations will occur on dates/times mutually agreed upon between Ironman and City representatives. City will make at least one bay available at each facility to Ironman's mobile installers for work to be performed. The proposed schedule is based upon availability of vehicles at scheduled appointment times. Fleet Assessments and Data Logging 1 week Assessments averages 15-30 minutes per vehicle. Material Deliveries 3 - 4 weeks Cleaire Horizon M diesel particulate reduction devices, applicable parts, and clamps/brackets. Installations (Labor & Miscellaneous Parts) 2 weeks Installations to occur at City's designated facilities via mobile installation teams. Average installation time for the Cleaire Horizon device is 14-18 hours per vehicle. Maintenance and Service All emission retrofits require filter cleaning/deashing service at approximately 50,000 miles or 1 year -- whichever comes first. Mechanical issues with the engine and/or vehicle can cause premature plugging of the filter resulting in more frequent service intervals. Please be aware that improper maintenance of the retrofit can void the manufacturer's warranty and that many vendors do not provide maintenance service for the retrofits that they sell and install. Ironman is able to provide on -site maintenance and service and recommends semi-annual filter cleaning as follows: Filter Deashing at City's Designated Facility (Mobile Services) City is responsible for removal and reinstallation of substrate(s): Pulse Deashing: $200.00 per substrate — Average cleaning time is 30 minutes. Ironman is responsible for removal and reinstallation of substrate(s). A minimum of three substrates per visit is required. Pulse Deashing: $400.00 per substrate — Average maintenance time is 3 hours. Payment Terms Ironman's payment terms are Net 30. A') References City of San Bernardino 182 South Sierra Way San Bernardino, CA 92408 George Newlin - (909) 384-5220 1 location - 26 vehicles City of Newport Beach Post Office Box 1768 592 Superior Avenue Newport Beach, CA 92663 Tom Fulton — (949) 718-3464 1 location — 8 vehicles City of Manhattan Beach 3621 Bell Avenue Manhattan Beach, CA 90266 Guy Machado — (310) 802-5530 1 location — 6 vehicles Project Summary: Conducted fleet analysis to determine implementation percentage; data logged vehicles to determine best available control technology (BACT); conducted fleet assessment to determine best configuration/part number to be applied; and provided on -site installation, maintenance training, and general assistance until project was completed. Back Ironman will ensure that the installations for the City of Redlands are in compliance with the deadlines set by CARB. Back pressure testing conducted to ensure product performance. AA TM Electrically Regenerated HORIZON-M./Diesel Particulate Filter for Mobile Applications cleaire AI,L,N f( t l'Srr. a; clearre At l'Ai+: T o EMI/SSIDN. C.214 TRDi S• FEATURES AND BENEFITS: ❑ Level 3 (>85%) PM Control ❑ Meets CARB NO2 "Plus" Standards Li Meets CARB NO2 Compli- ance Standards ❑ Eligible for Local, State and Federal Funding Pro- grams ❑ Modular Design Including Reusable Metal Seals and Optional End Cones ❑ Robust Silicon Carbide Fil- ter Guards Against Melt- ing and Thermal Break- down ❑ Industry Leading Ad- vanced System Monitor- ing, Diag-nostics and Data Retrieval ❑ Rugged Stainless Steel Construction ❑ Installation Hardware Included in Standard Kit ❑ Fuel Tolerance and Flex- ibility The Cleaire Horizon"'" is spe- cifically designed to provide die- sel particulate (PM) reductions for in -use diesel engines in chal- lenging applications and duty cycles. Electrically Regenerated HORIZON-M/Diesel Particulate Filter for Mobile Applications Emission Reductions -Any Fuel PM >_ 85% (Level 3) Fuel Compatibility All Diesel Fuels Including Biodiesel Blends Exhaust Temperature Requirement None Installation Replaces Muffler, Mounted Horizontally or Vertically Sound Attenuation Equivalent to OE MSmoke Reduction Yes Regeneration Time 5 Hours Infrastructure Requirement zo8/24oV,10 18 Amp Max Draw Energy Consumed Per Regeneration _ 15 kW-Hr Total Weight (Approx) 125lbs. (59 kg) General Dimensions: loin. s 11„i II .11 21111 4 V4- S 1.6401\ Optional End Cones (Std. Pipe Size or Custom) Specifications may vary or change without notice Contact your local Cleaire authorized distributor or dealer for the most current information. This active regenerat> system uses clean electricity, through an integrated heating element, to "cook off" the cap- tured diesel particulate, much like a self cleaning oven, while the vehicle is parked overnight. Horizon is managed by Cleaire's proprietary MLC® which monitors system param- eters and controls the automatic electric regeneration process. The MLC also stores the moni- tored parameters in the memory for later retrieval and analysis. Cleaire uses only the highest quality materials, including all stainless steel construction and a robust silicon carbide diesel filter for enhanced durability. Horizon's modular desi'-- facilitates service and de-.r'` cleaning of the diesel particulate filter. The reusable metal seal and band clamp design provide quick turn around for maximum up time. The Cleaire Horizon emis- sion control system meets both the business need of real world diesel engine operators and the environmental needs of our community. Cleaire Advanced Emissions Controls, LLC 14775 Wicks Blvd., San Leandro, CA 94577 Tel: 800 308-2111 • Fax: 510 347-6181 www.cleaire.com info@cleaire.com cleaire ADV:NCED ENISSIoN CONt R.:IS• CUH•6o2 • 2/o7 'err cleaire On -Road Applications Product Warranty roduct Warranty YOUR WARRANTY RIGHTS AND OBLIGATIONS Cleaire Advanced Emission Controls, LLC warrants the diesel emission control system in the application for which it is sold or leased to be free from defects in design, materials, workmanship, or operation of the diesel emission control system which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706, and 2710, for the periods of time listed in Table 1, provided there has been no abuse, neglect, or improper maintenance of your diesel emission control system, vehicle or equipment, as specified in the owner's manuals. Where a warrantable condition exists, this warranty also covers the engine from damage caused by the diesel emission control system, subject to the same exclusions for abuse, neglect or improper maintenance of your vehicle or equipment. Please review your owner's manual for other warranty information. Your diesel emission control system may include a core part (e.g., particulate filter, diesel oxidation catalyst, selective catalytic reduction converter) as well as hoses, connectors, a backpressure monitor (if applicable), and other emission -related assemblies. Where a warrantable condition exists, Cleaire will repair or replace your diesel emission control system at no cost to you including diagnosis, parts, and labor. WARRANTY COVERAGE For an engine used in an application listed in Table 1, the warranty period will be the years or hours or miles of operation shown in Table 1, whichever occurs first. If any emission -related part of your diesel emission control system is defective in design, materials, workmanship, or operation of the diesel emission control system thus causing the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706, and 2710, within the warranty period, as defined bove, Cleaire will repair or replace the diesel emission control system, ,eluding parts and labor. In addition, Cleaire will replace or repair the engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified diesel emission control strategy. This also includes those relevant diagnostic expenses in the case in which a warranty claim is valid. Cleaire may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs. OWNER'S WARRANTY RESPONSIBILITY As the vehicle, engine, or equipment owner, you are responsible for performing the required maintenance described in your owner's manual. Cleaire recommends that you retain all maintenance records and receipts for maintenance expenses for your vehicle, engine, or equipment, and diesel emission control system. If you do not keep your receipts or fail to perform all scheduled maintenance, Cleaire may have grounds to deny warranty coverage. You are responsible for presenting your vehicle, equipment, or engine, and diesel emission control system to a Cleaire-authorized dealer as soon as a problem is detected. The warranty repair or replacement should be completed in a reasonable amount of time, not to exceed 30 days. If a replacement is needed, this may be extended to 90 days should a replacement not be available, but must be performed as soon as a replacement becomes available. If you have questions regarding your warranty rights and responsibilities, you should contact Cleaire at 1-800-308-2111 or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov. August 2006 Installation Warranty YOUR WARRANTY RIGHTS AND OBLIGATIONS The Cleaire-authorized installer warrants that the installation of the diesel emission control system is free from defects in workmanship or materials which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706. The warranty period and the extent of the warranty coverage provided by the Cleaire- authorized installer is the same as the product warranty provided by Cleaire, and the same exclusions apply. OWNER'S WARRANTY RESPONSIBILITY As the vehicle, engine, or equipment owner, you are responsible for presenting your vehicle, engine, or equipment, and diesel emission control system to the Cleaire-authorized installer as soon as a problem with the installation is detected. If you have questions regarding your warranty rights and responsibilities, you should contact a Cleaire-authorized dealer, or Cleaire at 1-800-308-2111, or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov. Warranty Clarifications (Which do not limit or modify the provisions of the above warranty in any way) The warranty above is the sole warranty made by Cleaire Advanced Emission Controls, LLC. There are no other warranties, expressed or implied, or of merchantability or fitness for a particular purpose. For the purpose of this warranty, abuse or neglect includes vehicle accidents, ignoring the system indicator lights, blending lubricating oil with fuel, or any engine failure or condition that allows excess lubricating oil, coolant, contaminants or debris to enter the exhaust system. The owner shall not use any fuel additive or lube oil additive that is not approved for use in diesel engines equipped with catalytic mufflers. Cleaire is not responsible for incidental or consequential damages, which include, but are not limited to fines, theft, vandalism, or collisions. The owner is responsible for incidental costs such as communication expenses, meals, and lodging incurred by owner or employees of owner as a result of a warrantable condition. The verified diesel emission control system must be installed and serviced by Cleaire-authorized personnel. Installation or service by unauthorized personnel may result in a denial of warranty coverage. Table 1 Engine Type Engine Size Warranty Period On -Road Light heavy-duty, 70 to 170 hp, Gross Vehicle Weight Rating (GVWR) less than 19,500 lbs. 5 years or 150,000 miles Medium heavy-duty, 170 to 250 hp, GVWR from 19,500 lbs. to 33,000 lbs. Heavy heavy-duty, exceeds 250 hp, GVWR exceeds 33,000 lbs. Heavy heavy-duty, exceeds 250 hp, GVWR exceeds 33,000 lbs., and the truck is: 1. Typically driven over 100,000 miles per year, and 2. Has less than 300,000 miles on the odometer at the time of installation. 2 years, unlimited miles 14775 Wicks Blvd., San Leandro, CA 94577-6779 800-308-2111 State of California AIR RESOURCES BOARD EXECUTIVE ORDER DE-05-010-03 Pursuant to the authority vested in the Air Resources Board (ARB) by Health and Safety Code, Division 26, Part 5, Chapter 2; and pursuant to the authority vested in the undersigned by Health and Safety Code section 39515 and 39616 and Executive Order G-02-003; Relating to Exemptions under section 27156 of the Vehicle Code, and Verification under sections 2700 through 2710 of Title 13 of the California Code of Regulations Cleaire Advanced Emission Controls, LLC (Cleaire) Horizonni Electric Particulate Filter (Horizon) ARB staff reviewed Cleaire's request for verification of the Horizon. Based on an evaluation of the data provided, and pursuant to the terms and conditions specified below, the Executive Officer of ARB hereby finds that the Horizon reduces emissions of diesel particulate matter (PM) consistent with a Level 3 device (greater than or equal to 85 percent reductions) (Title 13, California Code of Regulations (CCR), sections 2702 (f) and (g) and section 2708). Accordingly, the Executive Officer determines that the system merits verification and, subject to the terms and conditions specified below, classifies the Horizon as a Level 3 system for on -road vehicles that use heavy-duty diesel engines of all model years up through and including 2006, except those belonging to engine families listed in Attachment 1. The Horizon is compliant with the 2009 nitrogen dioxide emissions limit and as such is designated as a "Plus" system per section 2702(f). The aforementioned verification is subject to the following terms and conditions: • The engine must be model year 2006 or older, and not belong to any of the engine families listed in Table 1 of Attachment 1. The Horizon may be used with engines in the families listed in Table 2 of Attachment 1 provided certain conditions are met, as described below. • The engine must be used by an on -road motor vehicle with a manufacturer's Gross Vehicle Weight Rating of over 14,000 pounds. • The engine may have a pre-existing diesel oxidation catalyst from the original equipment manufacturer if the engine's model year is between 1994 and 2005, inclusive. • If the engine's model year is 2006 or if the engine's model year is 1993 or older, the engine must not have a pre-existing diesel oxidation catalyst from the original equipment manufacturer unless following conditions are met: 1 4'1 • The original equipment diesel oxidation catalyst is left in place and not removed. • The Horizon is installed downstream of the diesel oxidation catalyst. • The backpressure sensor is installed upstream of the diesel oxidation catalyst. • The engine must not have a pre-existing diesel particulate filter from the original equipment manufacturer. • The engine must have a displacement no greater than 15 liters. • The engine must be four-stroke. • The engine can be mechanically or electronically injected. • The engine should be well maintained and not consume lubricating oil at a rate greater than that specified by the engine manufacturer. • Lube oil, or other oil, should not be mixed with the fuel. • The product must not be operated with fuel additives, as defined in section 2701 of Title 13, of the CCR, unless explicitly verified for use with the fuel additive(s). • The product must not be used with any other systems or engine modifications without ARB and manufacturer's approval. • The other terms and conditions specified below. IT IS ALSO ORDERED AND RESOLVED: That installation of the Horizon, manufactured by Cleaire Advanced Emission Controls, LLC, 14775 Wicks Boulevard, San Leandro, California 94577-6779, has been found not to reduce the effectiveness of the applicable vehicle pollution control system, and therefore, the Horizon is exempt from the prohibitions in section 27156 of the Vehicle Code for installation on heavy-duty on -road vehicles. This exemption is only valid provided the engines meet the aforementioned conditions. ARB reserves the right in the future to review this Executive Order and the exemption and verification provided herein to assure that the exempted and verified add -on or modified part continues to meet the standards and procedures of CCR, Title 13, section 2222, et seq and CCR, Title 13, sections 2700 through 2710. The Horizon consists of a non -catalyzed silicon carbide wall -flow diesel particulate filter, electric heating element, air pump, and an electronic control system. All necessary hardware and controls are installed on the vehicle, requiring only off -board electric power to supply energy to the heater. The major components of the Horizon are identified in Attachment 2. No changes are permitted to the device. ARB must be notified, in writing, of any changes to any part of the Horizon. Any changes to the device must be evaluated and approved by ARB. Failure to do so shall invalidate this Executive Order. Changes made to the design or operating conditions of the Horizon, as exempted by ARB, which adversely affect the performance of the vehicle's pollution control system, shall invalidate this Executive Order. 2 This Executive Order is valid provided that installation instructions for the Horizon do not recommend tuning the vehicle to specifications different from those of the vehicle manufacturer. Marketing of the Horizon using identification other than that shown in this Executive Order or for an application other than that listed in this Executive Order shall be prohibited unless prior approval is obtained from ARB. This Executive Order shall not apply to any Horizon advertised, offered for sale, sold with, or installed on a motor vehicle prior to or concurrent with transfer to an ultimate purchaser. ARB estimates that the Horizon has no significant effect on average fuel economy. As specified in the Diesel Emission Control Strategy Verification Procedure (CCR, Title 13, section 2706 (g)), ARB assigns each Diesel Emission Control Strategy a family name. The designated family name for the verification as outlined above is: CA/CLE/2005/PM3+/N00/ON/DPF01. Additionally, as stated in the Diesel Emission Control Strategy Verification Procedure, Cleaire is responsible for honoring the required warranty (section 2707) and conducting in -use compliance testing (section 2709). This Executive Order is valid provided that the diesel fuel used in conjunction with the device complies with Title 13, CCR, sections 2281 and 2282, and if biodiesel is used, the biodiesel blend shall be 20 percent or less subject to the following conditions: • The biodiesel portion of the blend complies with the American Society for Testing and Materials (ASTM) specification D6751 applicable for 15 parts per million sulfur content; • The diesel fuel portion of the blend complies with Title 13, CCR, sections 2281 and 2282; and • The use of biodiesel applies to devices verified to reduce only diesel particulate matter. Other alternative diesel fuels such as, but not limited to, ethanol diesel blends and water emulsified diesel fuel are excluded from this Executive Order. Systems verified under this Executive Order shall conform to all applicable California emissions regulations. This Executive Order does not release Cleaire from complying with all other applicable regulations. 3 Violation of any of the above conditions shall be grounds for revocation of this Executive Order. Executed at El Monte, California, this 12th day of June 2007 /s/ Robert H. Cross, Chief Mobile Source Control Division Attachment 1: Excluded Engine Families for the Horizon 2: Horizon Parts List 4 City of National City, California COUNCIL AGENDA STATEMENT ,,",MEETING DATE October 21, 2008 15 AGENDA ITEM NO. / ITEM TITLE Warrant Register #12 for the period of 09/10/08 through 09/15/08 in the Amount of $810,906.97 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-3 36-43 31 Per Government Section Code 37208, attached are the warrants issued for the period of 09/10/08 through 09/15/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Esgil Corporation Health Net Kaiser Health Ins. SDG&E Rick Engineering Check# Amount Explanation 222829 67,982.80 Svcs -Deputy Bldg Official 222834 66,298.53 Health Ins. 222841 132,225.09 Health Ins. 222867 62,618.39 Utilities 222904 55,900.63 Bay Marina Widening/ Gateway 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 $810,906.97 BOARD / COMMISSION RE MMEN 1. Warrant Register #12 TTACHMENTS ( Listed Below ) Resolution No. A-200 (Rev. 7/03) 1 of 8 GAJ IF,QRN!A NATI a `.. INCORPORATED try WARRANT REGISTER # 12 9/16/2008 Payee Description chk no chk date Amount SAN DIEGO COUNTY RECORDER RECORDING FEE FOR REX'ONVEYANCE 222728 9/10/08 154.00 CORNERSTONE CONSULTING ARI3ORIST CONSULTANT 222729 9/1 1/08 1,653.93 PARTY PRODUCTIONS RENTALS DEPOSIT/PARTY RENTAL SUPPLIES 222730 9/15/08 260.00 SFARCI II.IGFITS OF SAN DIEG(.) 4 BEAM SKY/TRACKER 222731 9/15/08 400.00 E1.1/.ABET1I'S FLOWERS FLOWERS/DECORATION 222732 9/16/08 252.83 SMART & FINAI. MOP #45756 FOOL) - FIRE 222733 9/16/08 232.97 A COPY WORI.I) OUTPUT FILES/PROOF IN 110USI: 222734 9/16/08 485.14 BEST REST & KRIEGER 1,1,1' your!! AT/ILL 11(' CENTER - JUL 2008 222735 9/16/08 1,752.20 BROWN MARKETING STRATEGIES NC WEEK 222736 9/16/08 10,000.00 ')RPORATE EXPRESS REDEV OFFICE SUPPLIES 222737 9/16/08 140.16 .**NefANKA OFFICE IMAGING CO. REDEV COPIER SVC 222738 9/16/08 406.69 GFOSYNI EC CONSULTANTS PACIFIC STFE-:1, 222739 9/16/08 2,593.54 MOTIVATIONAL SYSTEMS INC NC CITY IIAI.I. SIGNAGE 222740 9/16/08 9,999.74 NATIONAL, CITY HISTORICAL K►MBALL HOUSE ROOM DIVIDER 222741 9/16/08 4,750.00 NBS MORGAN SQUARE -LANDSCAPE 222742 9/16/08 1,533.00 XEROX CORPORATION S8 COPIER RENTAL. - AUG 2008 222743 9/16/08 439.19 ABBEY "TRAVEL (AMERICORPS. CNCS YR5) 222744 9/16/08 38.96 AT & T MOBILITY WINGS ('EL -I, PHONE. 222745 9/16/08 91.72 CORDOVA TRAVEL (AMERICORPS CNCS,YRS) 222746 9/16/08 42.77 EMPILO TRAVEL. (AMERICORPS CNCS.YR5) 222747 9/16/08 152.69 HYNES TRAVEL (AMERICORPS CNCS,YR5) 222748 9/16/08 44.69 LITERACYWORKS LIVING ALLOWANCE FOR 59 AMERICOPRS 222749 9/16/08 42,000.00 LITERA('YWORKS LIVING ALLOWANCE FOR 59 AMIiRICOPRS 222750 9/16/08 250.00 MAI)ISON-BELT. TRAVEL. (AMER1('ORPS/CNCS. YR5) 222751 9/16/08 42.24 'ARISCAl. CPR TRAINING (AMERICORPS CNCS. YR5) 222752 9/16/08 67.00 '`r 1 2 of 8 +)* CALIFORNIA •.(+ NATI � �` / '1'r INCORPORATED WARRANT REGISTER # 12 9/16/2008 Payee Description chk no chk date Amount MARSI IALL. TRAVEL (AMERICORPS, CNCS YR5) 222753 9/16108 207.68 MCCULLOIJGH IRAVEI. (AMl:R1('ORPS. ('N('S YR5) 222754 9/16/08 56.16 MENDOZA TRAVFI. (AMF:RI('ORPS/CNCS. YR5) 222755 9/16/08 103.55 MIMES"' TAPE CEiILDREVS VIDEOS -WOW MOBILE 222756 9/16/08 134.30 NLINE7 TRAVEI, (AMERICORPS C'NCS.YRS) 222757 9/16/08 332.28 PEREZ (AMERICORPS. CNCS YR5) 222758 9/16/08 60.00 POI 17.F.AUD CPR TRAINING (AMERICORPS CNCS YR5) 222759 9/16/08 75.91 SCIIWARZWAL'LDER "TRAVEL. (AMERICORPS. ('NC'S YR5) 222760 9/16/08 53.82 STHUMATE "RAVE (AMERICORPS CNCS.YR5) 222761 9/16/08 88.35 SINAVSKY TRAVEL. (AMERICORPS CNCS,YR5) 222762 9/16/08 105.8' SOSA IRAVEI. (AMERICORPS CNCS,YR5) 222763 9/16/08 34.22 SPRINT VIDEO ('ONFERENCING/LONG DISTANCE 222764 9/16/08 29.00 STRATEGIC RESOURCE COMPANY/ AMI;RICORPS 11I:ALTI I('.ARI/ 222765 9/16/08 2,042.00 TILE PEN WORTHY ('OMPANY BOOKS FOR THE, WOWMOBII,F. 222766 9/16/08 365.88 WASHINGION TRAVEL (AMERICORPS CNCS,YR5) 222767 9/16/08 338.15 WIDMAR "[RAVI I, (AMERICORPS CNCS,YR5) 222768 9/16/08 116.71 WILDER TRAV1a. (AMERICORPS. CNCS YR5) 222769 9/16/08 35.93 WILLIAMS TRAVI:1. (AMERICORPS, CNCS YR5) 222770 9/16/08 29.89 XEROX CORPORATION BASE C'IIGS/OVERAGE,S 222771 9/16/08 456.44 AMAZON.COM ADLJI.T NON-FICTION BOOKS 222772 9/16/08 18.15 BAKER R. TAYLOR REFERENCE BOOKS 222773 9/16/08 2,066.46 BRODART ADULT AND CHILDREN BOOKS 222774 9/16/08 1,780.83 CITY OE NATIONAL CITY (MIT OF STATE SALES TAX ON INVOICE 222775 9/16/08 18.99 CORPORATE EXPRESS MOP#45704 - OFFICE? SIJPPLIES 222776 9/16/08 593.88 EMERY-PRATT CO. OLD FARMERS ALMANAC 2009 222777 9/16/08 7.5. � 2 3 of 8 CAUF.ORN1A �+ N N C1Ty ��— ac) INCORPORATED WARRANT REGISTER # 12 9/16/2008 Payee Description chk no chk date Amount JENSEN FOR (1) Pt PPIA' PERFORMANCE 222778 9/16/08 100.00 JOI INSON PERFORMER - CI BEDRFN'S PROGRAM 222779 9/ 1608 1 50.00 MIDWI:S'I' I'APE DVD'S/VIDEOS/PROCESSING SUPPLIES 222780 9/16/08 4,383.06 OMNIGRAPIIICS, INC. RFFFRFNCE BOOKS 222781 9/16/08 59.70 RANDOM 11O11SE, INC. REFERENCE BOOKS 222782 9/16/08 2,114.33 SANIT JOI LN PFRFORMANC . - CI LILDREN'S ROOM 222783 9/16/08 140.00 SPECIALTY STORE SERVICES INC. CI) POUCHES FOR CD COLLECTION 222784 9/16/08 168.85 TILE SHOPPER, INC. PROCESSING SUPPLIES FOR UVD'S 222785 9/16/08 1,252.70 TI IOMSON GALE REFERENCE BOOKS 222786 9/16/08 289.46 I.S. POSTMASTER POSTAGE. FOR (VERDl1E NOTICES 222787 9/16/08 378.00 'IlMCR(1Z M. BUSTAMANTE & ASSOC CONSULTING FEES FOR AUG & SEPT 08 222788 9/16/08 6,000.00 EDCO DISPOSAL 1615 E. 4TH SI - AUG 2008 222789 9/16/08 20.95 ICF JONES & STOKES WFSFSIDE SPECIFIC PLAN FIR 222790 9/16/08 15,224.25 NIEDFRFRANK'S ICE CREAM COMMUNITY BENEFIT LOAN 222791 9/16/08 9,405.23 POWER PI.L.1S EQUIPMENT RENTAL, 222792 9/16/08 195.00 VISION INTERNET PROVIDERS W1:BSITE DESIGN SERVICES 222793 9/16/08 18,424.75 WESTFLFX INDUSTRIA!, COMMUNITY LOAN REIMI3 222794 9/16/08 5,094.73 AEP WORKSHOP C'I:QA BASIC WORKSIOP 222795 9/16/08 170.00 AMERICAN ROTARY BROOM CO., INC SWEEPER REPAIRS 222796 9/16/08 838.1 1 ARCO GASPRO PLIIS FUJF1. FOR CITY FLEET 222797 9/16/08 38,172.30 ARJIS ARJIS COSTS, JPA COSTS, ARJIS 222798 9/16/08 9,518.32 ASBURY ENVIRONMENTAL. SERVICES 50/50 COOLANT 222799 9/16/08 210.54 I3ANK OF AMERICA CREDIT C'ARI) EXPENSES - PI) 222800 9/16/08 4,642.11 BEI.SON OUTDOORS, INC. CAMPSI OV1: GRILL 222801 9/16/08 2,709.00 "OOT WORLD MOP #64096 BOOTS - VICTOR ACOSI A 222802 9/16/08 375.00 4 of 8 Payee (:'AI'F CACEO 4)— CALIFORNJA • '-f4- NA I INCORPORATED WARRANT REGISTER # 12 9/16/2008 Description FIRE/I:II) SEPT 2008 CA(T:O SEMINAR REGISTRATION CALIFORNIA COMMER('IAI. SECURITY MOP 45754 KEYS - P1) CALIFORNIA COMMER('IAI. SECURITY MOP #45754 REPIN DOORS & KEYS CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CARDENAS MOP #45698 ELECTRICAL. MATERIAL PD/LTD SEP 2008 DIRECT DEPOSIT - ACCT CLOSED CHEVRON & TEXACO BUSINESS CARD MOP #45699 FUEL, CHIL.DREN'S HOSPITAL. CI IOI(T:POINI' CITY OF NAIIONAI. CITY CITYGATE ASSOCIATES, 1,1.C' COMMCINEMA INC. CORPORATE EXPRESS CORPORATE EXPRESS COUNTY OF SAN DIEGO CRl1Z M. RUSTAMAN E & ASSOC CSMFO SAN DIF.GO CIIAPTER D-MAX ENGINEERING IN(' DAPPER TIRE COMPANY DEI: EA I)ENEAI. DIXIEI,INE LUMBER CO. DOKKE:N ENGINEERING ECOLAB ('1111,D SEXUAL ABUSE AUTO'IRACK DATAI3ASE - AUG 2008 PETTY CASH FOR AUG 2008 CONSULTANT FEES FOR FIRE DEI'T SEPTEMBER 13, 2008 OUTDOOR MOVIE MOP 45704 OFFICE SUPPLIES - BED MOP #45704 FILE: STORAGE BOXES SI IARE OF PARKING CITATION - Pr) CONSULTING SERVICES - CITY CFMFO & CMTA LUNCI IEON - G HOOD DEPOSIT# 1109 I IILLSIDE HOMES TIRES FOR CITY FLEET DENTAL, INS SEPT 2008 MOP45707 FEIN MIJLTIMASTER TOP KIT PROF DESIGN SRVCS JULY 2008 KITC! EN EQIJ11' MAIM ANC'E ENVIRONMENTAL HAZARDS SERVICES HUD HEALTIIY HOMES DIE GRAVE chk no chk date Amount 222803 9/16'08 640.00 222804 9/ 16/08 815.00 222805 9/ 16;08 34.91 222806 9/16/08 254.60 222807 9!16i08 738.51 222808 9/16/08 1,716.00 222809 9/16/08 155.58 222810 9/ 16;08 141.91 222811 9/16/08 787.00 222812 9/1608 200.0(*Vile 222813 9/16/08 362.47 222814 9/16/08 7,990.00 222815 9/16108 1.599.00 222816 9/16/08 416.28 222817 9/16/08 1,494.33 222818 9/16/08 3,432.50 222819 9/16108 6,000.00 222820 9/16/08 30.00 222821 9/16/08 1,152.50 222822 9/16108 343.09 222823 9/16/08 14,88(1.4(1 222824 9/16/08 1,239.18 222825 9/16/08 25,337.84 222826 9/16/08 524.39 222827 9/16/08 1 14.C`410 4 5 of 8 Payee ER(.I) 1l1Rl('S F.SGII. CORPORATION EXPERIAN FEDFX G & A At 1T0 AIR CONDITIONING GORMSEN APPLIANCE CO HEAI.TII NET HEAT:Ill NET I IFAI. rH NET 'EAI.TII NET '-IIVDEPENI)ENL FORENSIC SERVICES INTERNATIONAL. CODE C'OUNCII, INC ITE EMPLOYMENT CENTER INCORPORATED WARRANT REGISTER # 12 9/16/2008 Description PROMOTIONAL. ACTIVITIES SERVICES OE DEPUTY BLI)G OFFICIAL. CREDIT CHECKS FOR NEW PD E:MP TECH PERSONNEL, SERVICES LOW SIDE CYCLING SWITCH SERVICE CALL. HEALTH INS H0067A SEP'08 HFAI.TII INS SEP'08 57135J HEAL:EH-FUL.1. NETWORK 57135A HEALTH-RET INS 110067E SEP'08 SART EXAMS 1CC ('ODE BOOKS REGISTRATION: S. MANGANIEI.LO KAISER FOUNDATION IIEALI li PLANS KAISER INS ACTIVE SEP'08 KAISER FOUNDATION HEALTH PLANS KAISER RET INS SEP'08 LA PRENSA SAN DIEGO LASER SAVER INC LAW ENFORCEMENT JOBS I.EXIS-NEXIS LIBRA HOLDINGS, 1..1..C. LINC'OI.N EQUIPMENT INC. LOV ELT. METRO WASTEWATER JPA MORAN 'ORE DIRECT 2008 ELECTION NOTICE MOP 45725 TONER - FIN WEBSITE JOB POSTING/POLICE ONLINE CHARGES FOR AUG 2008 DEPOSIT# 1206 1625 COOT .I DGE AVE AQUATIC FACILITY - CERTIFICATION BAYFRON'T CONCERT & EXPO ANNUAL 131IDGFT FY 2008/2009 DEPOSIT#1024 2112 N AVE FUJITSU 111611PF:RFORMAN('E COLOR chk no 222828 222829 222830 222831 222832 222833 222834 222835 222836 222837 222838 222839 222840 222841 222842 222843 222844 222845 222846 222847 222848 222849 222850 222851 222852 chk date 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 9/16/08 Amount 1,779.35 67,982.80 57.87 65.17 265.58 84.50 66,298.53 685.94 10,431.41 2,426.42 1,700.00 60.74 250.00 132,225.09 4,325.40 126.54 217.39 105.00 378.40 2,000.00 395.00 5,500.00 20,633.00 6,315.58 4,464.36 5 6 of 8 Payee N C CHAMBER OF COMMERCE NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASII NFPA NGUO1 VIET TODAY NEWS PACIFIC AUTO REPAIR PARTS PLUS AUTOSEORE 4711 PARTY 1'RODl1C'TTONS RENTALS PERRY FORT) PIQUE. (FISCAL AGENT) PRO -EDGE; KNIFE PRI1)FNTIAL OVERALL . SUPPLY .Y REGIONAL. TRAINING CENTER RELIANCE STANDARD SDG&E SOUTHLAND AUTO BODY SOUTTHWEST SIGNAL SERVICE. INC. STARTECII COMPUTERS STEVENSON STRASEN STRATACOM SWEETWATER AUTHORITY 'TARGET SPECIALTY PRODUCTS TARGET SPECIALTY PRODUCTS TETRA TECH ASL, INC'. .i-* CAlIF..ORNIA -E* ITy INCORPORATED WARRANT REGISTER # 12 9/16/2008 Description ('FEY FNIIANC'EMENE Al1G-SET' 2008 R&M CITY VEHICLES ('AR WASHES FOR CITY FLEE E INV 76822003 MEMBERSHIP- JIINIE.L 2008 ELECTION "TRANS OF NOTICE LABOR, SMOG INSPECTION MOT' 6,1946 WINUSI IEILE) - PUR('HSG RENTAL OF 8' BANQUET TABLES LABOR, DIAGNOSTIC ROAD TEST ATTENDING RETIREMENT EVENT - ('C SIIARPENING SERVICE MOP 45742 TOWELS - PD ('('MA ANNUAL. DUES - (.'M VTT. SEPTEMBER 2008 FACILITIES DIVISION LABOR, BODY REPAIRS TRAFFIC SIGNAL/STREET LIGHTING MOP 61744 MINOR EQUIPMENT - MIS CALPELRA CONFERENCE - IIR TO VOID CHILD SUPPORT CHECK MOT' 63845 LEAVE OF ABSENCE - PCII STREET DIVISION WORKER SAFETY SEMINAR - PW TURF & ORNAMENFAI. FIELD SEM - PW NOVEMBER 2007 SERVICES chk no chk date Amount 222853 9/16/08 222854 9/16/08 222855 9/16/08 222856 9/16/08 222857 9/16/08 222858 9/16/08 222859 9116/08 222860 9/16/08 222861 9/16/08 222862 9/16/08 222863 9/16/08 222864 9/16/08 222865 9/16/08 222866 9/16/08 222867 9/16/08 222868 9/16/08 222869 9/16/08 222870 9/16/08 222871 9/16/08 222872 9/16/08 222873 9/16/08 222874 9/16/08 222875 9/16/08 222876 9/16/08 222877 9/16/08 Nor 7,500.00 216.41 328.00 1,581.00 30.00 55.00 38.82 296.00 671.86 50.00��, 44.00 584.93 700.00 2.277.71 62,618.39 90.19 13,791.95 554.50 240.00 1,200.00 1,035.51 4,991.73 225.00 120.00 8,090.2: 44.0. 6 7 of 8 I CALIFORNIA - INCORPORATED WARRANT REGISTER # 12 9/16/2008 Payee Description chk no chk date Amount THE FII.I1'INO PRESS 2008 ELECTION -TRANSLATION 222878 9/16/08 50.00 THI/ LINCOLN NAIIONAI. LIFE INS. I.11'E. & AU&I) STD LTD SEP 2008 222879 9/16/08 9,889.47 THE LINE DESIGNS COPIES OF CI)13G BOOKS - CD 222880 9/16/08 280.25 THE: SAN DIEGO UNION TRIBUNE CDRG FY08-09 ANNOUNCEMENT- - C'D 222881 9/16/08 1,139.00 TRAFFIC CONTROL SERVICE., INC. "TRAFFIC CONES 222882 9/16/08 1,608.70 U S RANK CORPORATE PAYMT SYS CREDIT CARD FEES - PD 222883 9/16/08 1,458.08 UNDERGROUND SERV ALERT UNDERGROUND SV(' ALERT CI IARGES 222884 9/16/08 126.00 UNION TRIBUNE PUBLISHING CO VARIOUS JOB ANNOUNCEMENTS 222885 9/16/08 1,100.00 UNION TRIBUNE PUBLISIIING CO LEGAL. NOTICES AU - AUG 2008 222886 9/16/08 2,038.40 NION-TRIBUNE PUB. CO. PUBLICATION OF PLANNING 222887 9/16/08 1,120.00 'Nair � ITEI) PARCEL SERVICE UPS INTERNET SHIPMENT - PR('l l 222888 9/16/08 24.88 UNITED PARCEL, SERVICE UPS INTERNET SHIPMENT - PRC'H 222889 9/16/08 11.12 UNITED RENTALS CONCRETE BATCH PLANT MIX 222890 9/16/08 181.62 V('A MAIN ST ANIMAL. HOSPITAL K9 VET CARE 222891 9/16/08 35.84 VERONICA TAM & ASSOCIATES TECIINICAL. ASSISTANCE IDIS - CD 222892 9/16/08 367.50 W.W. GRAINGER. INC. 115 VOLT DRAIN CLEANING MACHINE: 222893 9/16'08 1.606.88 WATERLINE 'TEC' INOLOGIES MI:NIC'IPAL, P001, CHEMICALS 222894 9/16/08 2,438.78 WAXIL SANITARY Slll'I'LY ROL.1, CONTROL. ('ENTER -PULL. TOWEL 222895 9/16/08 211.98 WEST GROUP PAYMENT CENTER BILLING JUI.Y 21 - AUG 20. 2008 222896 9/16/08 2,356.10 WYNDHAM HOTEL. N A HISPANIC FIREFIGHTERS CONE 222897 9/16/08 289.66 CACEO CACEO SEMINAR REGISTRATION 222898 9/16/08 370.00 CRU7, M. BUSTAMANTE & ASSOC CONSULTING SERVICES 222899 9/16/08 6,000.00 D-MAX ENGINEERING INC MARINA GATEWAY PROJECT 222900 9/16/08 1,135.00 HUSK PARTNERS CONSULTING SERVICES SEP 2008 222901 9/16/08 7,500.00 'AIIONAL CONSTRUCTION RENTAL. FENCE RENTAL. 1640 E PLAZA BI,VI) 222902 9/16/08 177.08 7 8 of 8 WARRANT REGISTER # 12 9/16/2008 Payee Description chk no chk date Amount PRUDENTIAL. OVERALL. SUI'PI.Y MOP 45742 UNIFORMS - BLDG 222903 9/ 16'08 13.34 RICK ENGINEERING CO. BAY MARINA WIDENING & GATEWAY 222904 9/16108 55,900.63 Total S 810,9(16.97 Grand Total 810,906.97 8 +}— CALIFORNIA —{f aclati �.. INCORPORATED Warrant Register # 12 9/16/2008 001 GENERAL FUND 419,668.00 104 LIBRARY FUND 8,998.39 105 PARKS MAINTENANCE FUND 436.92 108 LIBRARY CAPITAL OUTLAY 4,032.86 111 P.O.S.T. FUND 792.00 120 PLAN CHECKING REVOLVING FUND 7,361.80 125 SEWER SERVICE FUND 29,171.38 166 NUTRITION 568.39 246 WINGS GRANT 215.33 277 NC PUBLIC LIBRARY DONATIONS FUND 390.00 294 HUD HEALTHY HOMES GRANT 459.90 301 GRANT-C.D.B.G. 1,786.75 307 PROPOSITION A" FUND 2,906.25 312 STP LOCAL/TRANSNET HIGHWAY 22,431.59 320 LIBRARY GRANTS 47,275.51 323 SAFE ROUTES TO SCHOOL 1,608.70 502 SECTION 8 FUND 439.19 511 TAX INCREMENT FUND 157,275.59 626 FACILITIES MAINT FUND 41,348.92 628 GENERAL SERVICES FUND 510.01 629 INFORMATION SYSTEMS MAINTENANC 554.50 630 OFFICE EQUIPMENT DEPRECIATION 4,112.00 632 GENERAL ACCOUNTING SERVICES 63.08 643 MOTOR VEHICLE SVC FUND 41,436.06 724 COBRA/RETIREE INSURANCE 7,595.77 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 9,468.08 Total 810,906.97 + CALIFORNIA —e NATI 11111r ilo o INCORPORATED Warrant Register # 12 9/16/2008 001 GENERAL FUND 419,668.00 104 LIBRARY FUND 8,998.39 105 PARKS MAINTENANCE FUND 436.92 108 LIBRARY CAPITAL OUTLAY 4,032.86 111 P.O.S.T. FUND 792.00 120 PLAN CHECKING REVOLVING FUND 7,361.80 125 SEWER SERVICE FUND 29,171.38 166 NUTRITION 568.39 246 WINGS GRANT 215.33 277 NC PUBLIC LIBRARY DONATIONS FUND 390.00 294 HUD HEALTHY HOMES GRANT 459.90 301 GRANT-C.D.B.G. 1,786.75 307 PROPOSITION A" FUND 2,906.25 312 STP LOCAL/TRANSNET HIGHWAY 22,431.59 320 LIBRARY GRANTS 47,275.51 323 SAFE ROUTES TO SCHOOL 1,608.70 502 SECTION 8 FUND 439.19 511 TAX INCREMENT FUND 157,275.59 626 FACILITIES MAINT FUND 41,348.92 628 GENERAL SERVICES FUND 510.01 629 INFORMATION SYSTEMS MAINTENANC 554.50 630 OFFICE EQUIPMENT DEPRECIATION 4,112.00 632 GENERAL ACCOUNTING SERVICES 63.08 643 MOTOR VEHICLE SVC FUND 41,436.06 724 COBRA/RETIREE INSURANCE 7,595.77 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 9,468.08 Total 810,906.97 43- CALI,FQR.NIA --{+ t. 1/3 PAYEE COPY POST PRINTING MORRISON PARTY PRODUCTIONS RENTALS ELIZABETH'S FLOWERS AT&T/MCI ALL FRESH ALL THE KINGS FLAGS ALPINE FIRE PROTECTION DIST. AMERICAN ROTARY BROOM CO INC AT&T/MCI BANK OF AMERICA BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BJ'S RENTALS NATIONAL CITY#3 BOOT WORLD BROADWAY AUTO ELECTRIC CA SOCIETY OF MUNICIPAL CALIFORNIA COMMERCIAL SECURITY CARBAJAL QUEST AUTO PARTS Nri.eTELLANOS CHAPIN CINGULAR WIRELESS CLEAN HARBORS COOPER'S PLUMBING & HEATING CORPORATE EXPRESS CURTIS DALEY & HEFT LLP DAVIS DELTACARE (PMI) DEPARTMENT OF JUSTICE DEUTSCHE BANK DIXIELINE LUMBER CO. DIXIELINE LUMBER CO. EMPLOYMENT DEVELOPMENT DEPT ENVIRONMENTAL HAZARDS SERVICES FEDEX FENTON FERGUSON ENTERPRISES, INC FLEET SERVICES, INC FON-JON KENNELS FURLAN G & A AUTO AIR CONDITIONING 'ISI 3AL PRESENTER NERIZALEZ GRAINGER HAMILTON MEATS & PROVISIONS HERNANDEZ HI -LINE N TI Cfly 1C30J C. INCORPORATED WARRANT REGISTER # 13 9/23/2008 DESCRIPTION CITY ADDRESS EVENT POST CARDS PERSONAL CRDT CARD REIMB - MYR PARTY RENTAL BALANCE FLOWERS REMAINING BALANCE PHONE XXX-3833 09/13-10/12/08 FOOD/CONSUMABLES FLAGS FUEL REIMBURSEMENT SWEEPER REPAIRS PHONE XXX-0757 07/01-08/06/08 CREDIT CARD PAYMENT - PD LIABILITY CLAIM COSTS PERSONNEL ISSUES - ATTY SKIDSTEER LOADER MOP #64096 SAFETY BOOTS ELECTRICAL PARTS CSFMO FY08-09 BUDGET AWARD MOP #45754 1RSV KA 1C94 PADLOCK REFUND - FTB COLLECTION MOP #47557 REMAN STARTER REFUND - BUSINESS TAX PAID COMMTY PRESERVATION SEMINAR PD WIRELESS 08/06-09/05/08 HAZARDOUS WASTE PICKUP LABOR, REMOVE BACKFLOW DEVISE COPY PAPER DEPOSIT#1054 1027 E 5TH STREET CLAIM:SWANAGEN V. VOGEL DEPOSIT#1164 1822 GAMMA STREET DENTAL INS PMI SEP 2008 NEW EMPLOYEE FINGERPRINT TEST ADMINISTRATION FEE AUG'08 - JUL'09 MOP #45707 VELCRO GLOVES T/G COWHIDE WORK LARGE UNEMPLOYMENT INSURANCE REIMB TESTING SERVICE FEDEX PRIORITY OVERNIGHT - PLNN TRAINING MEETING COURT - ATTY MOP #45723 COUPLINGS, ADAPTERS MOP #67804 KIT-SHOE/WHEEL KENNEL FEES FOR POLICE K9'S REFUND/OVERPAYMENT RES RENT CYCLING SWITCH, LABOR MOTORCYCLE TRAINING REIMB - PD VIDEO/MONITOR UPGRADE AQUATIC FACILITY SEMINAR - PW MOP #65179 CIFfCUIT TRACER KIT MEAT PRODUCTS ICI CORE COURSE REIMB - PD EAR PLUGS CHK NO DATE AMOUNT 222905 9/18/08 764.23 222906 9/18/08 492.86 222907 9/18/08 909.90 222908 9/18/08 258.50 222909 9/22/08 238.08 222910 9/23/08 1,066.97 222911 9/23/08 283.08 222912 9/23/08 1,603.31 222913 9/23/08 794.93 222914 9/23/08 1,514.98 222915 9/23/08 12.00 222916 9/23/08 21,338.78 222917 9/23/08 709.50 222918 9/23/08 377.59 222919 9/23/08 453.61 222920 9/23/08 107.75 222921 9/23/08 100.00 222922 9/23/08 823.76 222923 9/23/08 427.00 222924 9/23/08 272.94 222925 9/23/08 50.00 222926 9/23/08 66.16 222927 9/23/08 2,439.19 222928 9/23/08 749.00 222929 9/23/08 500.00 222930 9/23/08 2,158.20 222931 9/23/08 100.00 222932 9/23/08 2,516.90 222933 9/23/08 100.00 222934 9/23/08 3,442.75 222935 9/23/08 320.00 222936 9/23/08 1,200.00 222937 9/23/08 1,160.54 222938 9/23/08 762.25 222939 9/23/08 9,754.62 222940 9/23/08 264.00 222941 9/23/08 44.92 222942 9/23/08 91.26 222943 9/23/08 817.20 222944 9/23/08 559.26 222945 9/23/08 75.00 222946 9/23/08 70.00 222947 9/23/08 281.74 222948 9/23/08 100.28 222949 9/23/08 13,129.58 222950 9/23/08 211.97 222951 9/23/08 2,775.12 222952 9/23/08 96.55 222953 9/23/08 80.00 222954 9/23/08 503.69 2/3 PAYEE HONEYWELL INC. HORIZON HEALTH EAP IKON OFFICE SOLUTIONS IKON OFFICE SOLUTIONS/IOS INFRASTRUCTURE ENGINEERING INTEGRATED BIOMETRIC INTER'L INST OF MNCPL CLERK JACOBSON JC TOWING JOHN DEERE LANDSCAPES KAMAN KAMAN INDUSTRIAL TECHNOLOGIES LASER SAVER INC LEXIS-NEXIS MASON'S SAW & LAWNMOWER SRVC MATTHEW BENDER & CO INC NUNEZ PEDOY'S SCHOOL OF ESCRIMA PRO -EDGE KNIFE PUBLIC EMP RETIREMENT SYSTEM REDDING REGIONAL COMMUNICATIONS SYSTEM RICHARD BUCCIGROSS MD SAN DIEGO PET & LAB SUPPLY SOUTH COAST EMERGENCY SUNGARD PENTAMATION INC SWEETWATER AUTHORITY SWEETWATER KIWANIS SYMPRO, INC. SYSCO SAN DIEGO TETRA TECH ISG #1 TETRA TECH ISG #1 U S HEALTHWORKS U S HEALTHWORKS U S HEALTHWORKS UNION TRIBUNE PUBLISHING CO VELASCO VERIZON WIRELESS WADE & ASSOCIATES WATERLINE TECHNOLOGIES WILLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD WOOD & WOOD YOUNG CORPORATE EXPRESS DEPARTMENT OF JUSTICE DINEROS DIXIELINE LUMBER CO. EQUIFAX INFORMATION SVCS Try ^�_� a e' •INCORPORATED WARRANT REGISTER # 13 9/23/2008 DESCRIPTION REPAIRS EMPLOYEE ASSISTANT PROGRAM MAINTENANCE & SUPPLY BILLINGS COPIER EQUIP LEASE PAYMENTS ENGINEERING PLANNING SERVICES NEW EMPLOYEES FINGERPRT TEST ANNUAL MEMBERSHIP FEE NC FILE CLAIM MOP #68862 TOWING CHARGES MOP #45723 WIRE MESH RACK BALL BEARING INSERT W/COLLAR 10FT-CH_ROLLER CHAIN MOP #45725 PRINTER CARTRIDGES CA DAMAGES LAW & PROOF HONDA GENERATOR TECHNICAL PERSONNEL SERVICES REFUND OF BLDG PERMIT FEES REFUND OF BUSINESS TAX PAID SHARPENING SERVICE SERVICE PERIOD 09-08-3 FTB COLLECTION REFUND COMMUNICATIONS SYS AUG 08 FITNESS FOR DUTY EVALUATION - PD MOP 45753 PET FOOD DOOR SWITCH, SPST PERMITTING FEE SCHEDULE FACILITIES DIVISION MEMBERSHIP DUES JUL/SEP - CM ANNUAL TECHNICAL SUPPORT FOOD/CONSUMABLES DEPOSIT#1116 1306 18TH STREET DEPOSIT#1184 940 E 16TH STREET PHYSICAL EXAMS - PD PRE -EMPLOYMENT PHYSICALS MEDICAL SERVICES VARIOUS JOB ANNOUNCEMENTS DEPOSIT#1133 1334 O AVENUE CELL PHONES 07/22-08/21/08 TOPO DATA COLLECTION -VALLEY RD MUNICIPAL POOL CHEMICALS MOP 45763 COMP SUPPLIES - MIS CLAIM:FLORES V. J C PENNEY CLAIM GONZALEZ V. OFFICER ONE CLAIM.FRISBIE V. CITY OF NC TRAVEL EXPENSE REIMB - PD S8 OFFICE SUPPLIES NEW EMPLOYEE FINGERPRINT TEST REIMB OF OVERPAYMENT AGREEMENT MOP 45707 GUARD CLR BASE - CD CREDIT BACKGROUND CHECK FOR S8 CHK NO DATE AMOUNT 222955 9/23/08 461.19 222956 9/23/08 1,711.24 222957 9/23/08 4,640.21 222958 9/23/08 2,19710 222959 9/23/08 8,404.26 222960 9/23/08 24.00 222961 9/23/08 150.00 222962 9/23/08 3,260.00 222963 9/23/08 100.00 222964 9/23/08 125.00 222965 9/23/08 35.34 222966 9/23/08 114.13 222967 9/23/08 473.17 222968 9/23/08 153.77 222969 9/23/08 3,095.85 222970 9/23/08 193.37 222971 9/23/08 146.00 222972 9/23/08 50.00 222973 9/23/08 45.00 222974 9/23/08 273,290.96NiS 222975 9/23/08 175.00 222976 9/23/08 18,126.00 222977 9/23/08 1,000.00 222978 9/23/08 251.81 222979 9/23/08 40.80 222980 9/23/08 750.00 222981 9/23/08 21,612.78 222982 9/23/08 70.00 222983 9/23/08 4,383 75 222984 9/23/08 3,361.29 222985 9/23/08 1,575.00 222986 9/23/08 1,370.00 222987 9/23/08 390.00 222988 9/23/08 360.00 222989 9/23/08 355.00 222990 9/23/08 1,575.00 222991 9/23/08 3,193.46 222992 9/23/08 4,263.49 222993 9/23/08 29,566.00 222994 9/23/08 582.85 222995 9/23/08 237.28 222996 9/23/08 18,104.90 222997 9/23/08 676.00 222998 9/23/08 449.4r 222999 9/23/08 270.0610111, 223000 9/23/08 525.97 223001 9/23/08 64.00 223002 9/23/08 27.30 223003 9/23/08 112.01 223004 9/23/08 78.75 3/3 PAYEE GMAC INTEGRATED BIOMETRIC U S HEALTHWORKS WADE & ASSOCIATES PAYROLL I'ay period 19 Start Date 8/26/2008 WARRANT REGISTER # 13 9/23/2008 DESCRIPTION ELECTRICITY CHGS MAY - AUG 2008 NEW EMPLOYEE FINGERPRINT TEST PRE -EMPLOYMENT PHYSICALS SVCS RESURFACING HIGHLAND End Date Check Date 9/8/2008 9/17/2008 CHK NO DATE 223005 9/23/08 223006 9/23/08 223007 9/23/08 223008 9/23/08 A/P Total A/P Total AMOUNT 1,223.15 4.00 100.00 6, 640.50 497,156.03 1,028, 298.77 497,156.03 GRAND TOTAL $ 1,525,454.80 . -- CA41:F,ORNIA -- NA- TNCORPOR.ATED _ Warrant Register # 13 9/23/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 261 CDC DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 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 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 1,026,194.86 28,681.32 22,409.23 3,549.34 180.28 71.98 27,268.70 1,231.02 16,515.00 2,382.07 1,132.43 5,283.75 2,587.36 1,062.11 1,530.69 33.672.42 1,200.00 158.40 2,281.20 478.60 586.53 17, 553.96 6,028.74 10, 300.00 22,645.74 72,826.77 1,419.93 52,581.25 50,108.43 13,562.52 23,128.48 17,513.33 10,938.19 18,400.71 9,754.62 13,819.48 76.90 6,338.46 1,525,454.80 City of National City, California COUNCIL AGENDA STATEMENT *ftiloWIEETING DATE October 21, 2008 AGENDA ITEM NO. 17 ITEM TITLE PUBLIC HEARING — FISCAL YEAR 2008-2009 SUPPLEMENTAL FUNDING CYCLE FOR THE CDBG PROGRAM — FUNDING RECOMMENDATIONS PREPARED BY Alfredo Ybarra (Ext. 4279) EXPLANATION DEPARTMENT Community Developm Housing and Grants The purpose of Public Hearing #3 is for the City Council to discuss their funding recommendations. Upon conclusion of the discussions, the City Council will then formulate their funding recommendations for the FY 2008-2009 Community Development Block Grant (CDBG) Supplemental funding cycle for public service activities. The City is conducting an extensive public participation process to review and approve various public service activities eligible for the CDBG supplemental funding allocation cycle. The funding recommendations formulated during public hearing #3 will be incorporated into the City's FY 2008-2009 Annual Action Plan (AAP) that will be made available for a 30-Day public review and comment period, from October 27, 2008 to November 28, 2008. On December 2, 2008, City staff will return to Council to review public comments received during the AAP 30-Day public review/comment period and will take final action on the amended MP. Environmental Review NI N/A Financial Statement Approved By: Finance Director The estimated amount of funding available for FY 2008-2009 for Community Development Block Grant is $310,500. Account No. STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. 7 Exhibits 1-12: Summary of Applicant Requests A-200 (9/99) CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 1 (CDBG) \wr► South Bay Community Services Kathryn Lembo, Executive Director (619)420-3620 klembo©csbcs.orq www.southbaycommunityservices.org Domestic Violence Response Tea m sP a5E4i The intent of the Domestic Violence Response Team (DVRT) is to minimize the trauma experienced by victims of domestic violence and provide ongoing advocacy and follow-up service. SBCS' DVRT Advocates are stationed at the National City Police Department and provide immediate crisis intervention services following a domestic violence incident, as well as follow-up services for domestic violence victims and their children. Personnel and Operating Costs 100 Households $50,000 Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator 100 Households Local ID Tab #1 Project ID C0809(2).1 CDBG Citation CDBG National Objective Completion Date Not Given Annual Units Units Upon Completion 100 Households CDBG ESG Funding Sources HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $50,000 $0 Grant Administration Request Public Service Request Physical Improvement CDBG The primary purpose of the pr ject is to help: Homeless: _ Persons with HIV/AIDS: Persons with Disabilities: Public Housin Needs: Objective Category Suitable Living Environment: YES Decent Housing: Outcome Category ' Availability/Accessibility: YES . Affordability__ 'Economic Opportunity: JSustainability: _ Other Comments: The Agency received previous funding in 2004-05 for the Rehabilitation for NI...Victorian Heights Transitional Housing for formerly homeless victims of domestic violence and their children. CITY OF NATIONAL CITY - FY 2008-2009 EXHIBIT 2 (CDBG) Integrity Charter School Sandy Dominguez (619) 336-0809 sandyd@ics.k12.ca.us ICS Technology Enhancement Educational Enhancement 104 Households The CDBG funding will go to the purchase of a mobile computer lab that will enable the students to have access to the Internet and expose them to technology that they may not have in their homes. Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator 104 Households Local ID Tab #2 Project ID C0809(2).2 CDBG Citation CDBG National Objective Completion Date 4/30/2009 Annual Units N/A Units Upon Completion 104 Households — Funding Sources CDBG HOME HOPWA — Total Formula ~_ Prior Year Funds Assisted Housing PHA Other Funding Total $40,000 $0 $0 0 $0 $0 $0 0 $40,000 �`,E�CII$LE1.�.,dU RCES. Grant Administration Request Public Service Request Physical Improvement The primary purpose of the project is to help: ( Homeless: Persons with Disabilities: Objective Category Suitable living Environment: Outcome Category LAvailability/Accessibility: Decent Housing: I Affordability: 1 Persons with HIV/AIDS: Public Housing Needs: Economic Opportunity: Lustainability Other Comments: The Charter School has not received CDBG fundingfrom the City_of National City CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 3 (CDBG) el Christmas in July * National City Cecilia Kirk (619) 477-5532 christmasiniulync@yahoo.com 2101 Hoover Avenue, National City, CA 91950 Home Repair Program Operating Costs and Personnel 8 Households/ 60 people — $110000 Provide CDBG funding to rid the City of trash and debris that have accumulated over the years Tn the backyards throughout the City. Carpentry, painting, electrical, weatherization, trash removal, and general cleaning may be done leaving each home safe, warm, and dry. This agency will work in partnerships with the Neighborhood Councils, community volunteers, and the US Navy, to assist elderly and handicapped residents that have no means of getting rid of this items that are too large to fit in normal trash sized receptacles. Objective Number HUD Matrix Code 06 Interim Assistance Type of Recipient Name Non -Profit Start Date 1/1/2009 Performance Indicator 60 Persons Local ID Tab #3 Project ID C0809(2).3 CDBG Citation 570.201(f) & 570.200(e) CDBG National Objective L/M Area or SB Completion Date 6/30/2009 Annual Units Units Upon Completion 60 persons Funding Sources CDBG ESG HOME_ HOPWA Total Formula Prior Year Funds Assisted Housing_ PHA -------- Other Funding Total $110,000 $0 0 $0 $0 $0 $0 $0 $0 $110,000 Grant Administration Request Housing Public Service Request Physical Improvement CDBG-Housin_g_Rehabilitation The primary purpose of thejroject is to help: Homeless: Persons with HIV/AIDS: Persons with Disabilities: — _ — Public Housing Needs: Objective Category Suitable Living Environment: YES _Decent Housing_ YES _ _ _ [Economic Opportunity_ Outcome Category rAvailabili�/Accessibility: YES _ _ _[ Affordabili�_ — _JSustainability:_ 1 Other Comments: The agency has already received $50,000.00 in funding in the 2008-2009 funding cycle. The agency has yet received $110,000 in 2007-2008; $J.00,000 in 2006-2008; and $100,000 in ' ' 2004-05. CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 4 (CDBG) National City Lions Club John Kirk, Project Director (619) 306-2911 jrkirkus@cox.net N/A TPR NC Youth Enhancement Equipment 1000 Households $ 50,000 This is a one time request for funding to the youth programs of National City for the purchase of lasting equipment. Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Project ID C0809(2).4 CDBG Citation CDBG National Objective Completion Date 06/30/2009 Performance Indicator 1000 Households Local ID Tab #4 Annual Units N/A Units Upon Completion 1000 Households Funding Sources CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $50,000 $0 $0 $0 $0 $0 $0 $0 $0 $50,000 Grant Administration Request Public Service Request Physical Improvement The primary purpose of the project is to help: Homeless: Persons with Disabilities: Objective Category Suitable Living Environment: YES Outcome Category [vailability/Accessibili y: YES Other Comments: Persons with HIV/AIDS: Public Housing Needs: Decent Housing: Affordability: 'Economic Opportunity: 1Sustainability: CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 5 (CDBG) Operation Samahan, Inc. Fe Seligman, Program and Fund Development Manager (619) 471-5433 - - -----_ feseligman@operationsamahan.org 2835 B Highland Ave., National City, CA 91950 �"� , wa�rr•z—`*w °:'4� w BF-` y , . _,!.. �, -f. y _�` j �' i.' 5. � } � V ( }„S i ss�3 d `v f *.•-• `S Y', r-��y� E �r,�.R.�! r :P t •� f , - ij i a '� ' _'�, ,k `� i- .. CD G,iJNDI ' .s Y6 ''N�tyrL "Y 4' tam' LLLPRO ' �+i ,,? d!�'i:f, f c��'�x ,.. E3'‘-.'"';is. � `z 'r ��: -e - �LJ F �, �.,�" .. u,.` a;$ 4350 Individuals Women's Dental Clinic Dental Equipment (unduplicated)_ _ $50,000 A new dental facility that will serve low, moderate, and female head of households is currently under construction with a loan of $500,000 from the State of California Health Facilities Financial Authority (CHFAA). This loan will cover demolition, construction and construction contingency cost. This money will go to purchase the dental equipment. Upon completion of the project, the facility will have two wings: the medical wing (with three exam rooms) and the dental wing (with three dental operation rooms"_ r Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator 4350 Persons Local ID Tab#5 Project ID C0809(2).5 CDBG Citation CDBG National Objective Completion Date 2/28/2009 Annual Units 4350 Persons Units Upon Completion 4350 Persons Funding Sources CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other FundinS Total $50 000 $0 _$0 $0 $0 0 $0 .s0 50 000 vi Grant Administration Request Public Service Request Ph r�sical Improvement CDBG-Public Facility Improvement The primary purpose of the project is to hell_ Homeless: 1 Persons with HIV/AIDS_ Persons with Disabilities: I Public Housing Needs: Objective Category —_ uitable Living Environment: YES _ [-Decent Housing: Economic Opportunity: Outcome Category Availability/Accessibility: YES I Affordability: Sustainability: Nump- Other Comments: - CITY OF NATIONAL CITY - FY 2008-2009 EXHIBIT 6 (CDBG) San Diego Community Housing Corporation Kimberly H. Paul (619) 876-4222 khp@ots-sdchc.org http://www.sdchc.org/ Park Villas Apartments -Safety and Security Security E_uipment 268 Households $79200.00 The CDBG funds would be used for the purchase of 24/7 camera monitors at Park Villas Apartments located at 8176 Eta St., National City, CA 91950. The awarded funding would be used for 3-4 highly - technological surveillance cameras strategically placed in blind -spots and frequently reported areas where a crime has taken place. Objective Number HUD Matrix Code Type of Recipient Non -Profit - - Start Date 1/1/2009 Performance Indicator 258 Households Local ID Tab #6 Project ID C0809(2).6 CDBG Citation CDBG National Objective Completion Date 4/30/2009 Annual Units 258 Households Units Upon Completion 258 Households Funding Sources CDBG ESG HOME HOPWA Total Formula Prior Year Funds _Assisted Housing PHA Other Fundin_q Total $79,200 $0 $0 $o $ $ $0 -s0 _ __$79,200 Grant Administration Request Public Service Request Physical Improvement CDBG-Housing Rehabilitation The primary purpose of the project is to help: — - Homeless: i Persons with HIV/AIDS: Persons with Disabilities: Public Housing Needs: Objective Category I. Suitable Living Environment: YES I -Decent Housing: YES Economic Opportunity: Outcome Category Availability/Accessibility: YES Affordability _ ,Sustainability_ - Other Comments: This organization has not received CDBG funding -from National City before. CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 7 (CDBG) Community Youth Athletic Center Carlos Barragan, Executive Director 619) 474-2922 cyacboxing@asbcglobal.net N/A Champs for Life Delinquency Prevention Program Equipments, Operating, and Personnel $87480.00 Activities to be undertaken with CDBG funds wil include boxing and fitness equipment purchase, educational material for youth and parents, utilizing short term consultants to provide specific boxing and fitness training, administrative office and personnel support, and resource development. Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator 220 Youth Local ID Tab #7 Project ID C0809(2).7 CDBG Citation CDBG National Objective Completion Date 4/30/2009 Funding Sources CDBG ESG HOME HOPWA Total Formula Prior Year Funds Annual Units 220 Youth Units Upon Completion 220 Youth Assisted Housing PHA ___ Other Funding Total 587 480 $0 50 $0 $0 $0 - 50 $0 $0 $87480 Grant Administration Request Public Service Request Physical Improvement The rimary purpose of the project is to help: _ Homeless: Persons with HIV/AIDS: Persons with Disabilities: f Public Housing Needs: Objective Category I Suitable Living Environment: YES Decent Housing: 'Economic Opportunity: Outcome Category rAvailability/Accessibility_ YES 1 Affordability: jSustainability_ Other Comments: Program received $50,000 in 2007-08 $20,000 in 2006-07; $20,000 in 2005- 2006; $40,000 1n004-2005; and $30.000 in 2003-2004 CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 8 (CDBG) Boys and Girls Clubs of Nation& City Gaby Baeza (619) 742-5445 barza.org 1430 D Ave., National City, CA 91950 Day Camp Program CDBG=k/ Operating Costs 75 Youth $30 033 Day Camp is available to 6 years to 12 year old youth during school vacations, when parents are working and available when parents need a safe place for their children while they are at work. Structured Programs are based on weekly themes that bring unity to Day Camp Participants. Objective Number HUD Matrix Code Type of Recipient Non-profit Start Date 1/1/2009 Performance Indicator 75 Youth Local ID Tab #8 Project ID C0809(2).8 CDBG Citation CDBG National Objective Completion Date 04/30/2009 Annual Units Units Upon Completion 75 Youth Funding Sources CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing_ PHA Other Funding Total so_ $o so so 0 $30 033 Grant Administration Request Public Service Request Physic&_ I mrovement CDBG Vei$00110§"- Thep_rimar_y_pAirse of the project is to help; Homeless: i Persons with HIV/AIDS: Persons with Disabilities: --J Public HousingNeeds: Obkctive Category_ { Suitable Living_Environment: YES 1 Decent Housing: Outcome Cate_gory [ Availability/Accessibility: YES { Affordability: ,Sustainability: 'Economic (2pp_qrtunity: Other Comments: The program received $75,000 in CDBG funding in 2007-2008. CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 9 (CDBG) Council of Philippine American Organizations of San Diego County Normita F. Atangan (619) 507-5863 Normita.atangan(agamil.com EITC/VITA Tax Preparation D. Free Tax Preparation 50 Households $25,000 Funds will be used to provide free tax preparation services to National City residents that are considered low and moderate income persons and or families that include disabled, elderly, limited English proficiency, and Section 8. Funds will be used to pay for administrative support, operating stipends, mileage, and food allowances. Estimated date of completion: April 2009 Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator 50 Households Local ID Tab #9 Project ID C0809(2).9 CDBG Citation CDBG National Objective Completion Date 6/30/2009 _ — Annual Units Units Upon Completion 50 Households CDBG ESG HOME HOPWA Funding Sources Total Formula Prior Year Funds Assisted Housing PHA --- - ---- Other Funding Total $25000 $0 $0 $0 $0 $0 $0 $0 VS 000 Grant Administration Request Public Service Request Physical Improvement CDBG The primary purpose of the project is to help: Homeless: Persons with Disabilities: Objective Category Suitable Living Environment: Decent Housing: TEconomic Opportunity: Yes Outcome Category Availability/Accessibility: Yes I Affordability: — _ ISustainabilit� Persons with HIV/AIDS: Public Housing Needs: Other Comments: This program received_$5000.00in 2007-2008. 1 CITY OF NATIONAL CITY - FY 2008-2009 National City Pop Warner Samuel Gonzalez (619) 250-5904 info(&ncdiablos.com $50,000.00 EXHIBIT 10 (CDBG) '�r `` ' _r - , y E ',�es. __�`YX►.�f'1.�ia w{%h c,_.. .<H ,;�. .4 bjriASST D PING WILLLPROVIDE, 1,116ER1B D ' 'Owl TY;: kr ' co G ;°• U t NDIN_ NC Pop Warner Football and Cheer_ Etc ument and Operating Support - 450 Youth _ . _ _ $50,000 Provide the necessary infrastructure, equipment, training, and academic support for 400-500 National City youth and their parents to participate in sanctioned after school and weekend activities on Pop Warner Football Teams and Pop Warner Cheer Squads. Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator 450 Persons Local ID Tab #10 Project ID C0809(2).10 CDBG Citation CDBG National Objective Completion Date 9/30/2009 Annual Units 450 Persons_ Units Upon Completion 450 Persons Funding Sources CDBG 50000 ESG HOME - ---- -- ----$0 HOPWA -- - - - - $O Total Formula _ _ 0 Prior Year Funds $0 Assisted Housing - _ - _ $0 PHA - -- - -- - -- --- - Other Funding - _ _ - _ $0 Total - $50,000 $0 Grant Administration Request Public Service Request Physical Imfrovement The primary purpose of the project is to help: Homeless: Persons with Disabilities: Objective Category_ Suitable Living Environment: YES 1 Decent Housing: Outcome Category _ _ _ FAvailability/Accessibility_ YES_ Other Comments: Affordability: Persons with HIV AIDS: Public Housing Needs: 1Economic Opportunity:_ - JSustainability: 1 CITY OF NATIONAL CITY — FY 2008-2009 EXHIBIT 11 (CDBG) Metropolitan Area Advisory Committee on Anti -Poverty Vicky Rodriguez (619) 250-0131 vrodriguez@a maacproject.org www.maacproject.org Family Asset Building Program Operating and Personnel 150 Persons $50,000 The Family Asset Building Program will provide lower income individuals and families with the information, opportunities to development new skills, and access to resources that will enable them to become financially stable and move towards economic self-sufficiency and overcome poverty. Activities include free tax preparation, budget and credit counseling, financial and homebuyer education, and Individual Development Accounts. Objective Number HUD Matrix Code Type of Recipient Non -Profit Start Date 01/01/2009 Performance Indicator 150 Persons Local ID Project ID C0809(Z)_ 11 CDBG Citation CDBG National Objective Completion Date 02/28/2010 Annual Units 150 Persons Units Upon Completion 150 Persons Funding Sources CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA .._ Other Funding Total $ 50,000 _$0 $0 $0 $0 $0 $0 $0 $0 $50,000 Grant Administration Request Public Service Request Physical Improvement CDBG The primary purpose of the project is to help: Homeless: Persons with Disabilities: Objective Category rSuitable Living Environment: Outcome Category j Availability/Accessibility: Yes Other Comments: r.. Decent Housing: j Affordability: Persons with HIV/AIDS: Public Housing Needs: !Economic Opportunity: Yes ISustainability: CITY OF NATIONAL CITY - FY 2008-2009 EXHIBIT 12 (CDBG) Fair Housing Council of San Diego Mary Scott Knoll, Executive Director (619) 699-5888 Ext. 203 msk(@fhcsd.com www.fhcsd.com Fair Housing and Tenant - Landlord Educational Services Personnel and operating costs Provide CDBG funding to insure that the City of National City, an entitlement jurisdiction and CDBG recipient, meets its obligations under Section 808 (e) (5) of the Fair Housing Act to "affirmatively further fair housing," (AFFH). In addition, will assist the City in responding to the findings of the AI, and to provide the following core & primary Fair Housing programs: (a) advocacy; (b) outreach; (c) education; (d) technical assistance for industry professionals; (e) fair housing compliance monitoring; (f) development of public policy concerning housing civil rights; (g) collaborations for more effective use of resources and (h enforcement of housing civil rights through complaint intake. Objective Number HUD Matrix Code 21D-Fair Housing Activities Type of Recipient Non -Profit Start Date 1/1/2009 Performance Indicator TBD Local ID Tab #12 Project ID C0809(2).12- CDBG Citation 570.206 CDBG National Objective Completion Date 6/30/2009 Annual Units TBD Units Upon Completion TBD Funding Sources CDBG ESG HOME _ _ _ HOPWA Total Formula Prior Year Funds _Assisted Housing_ PHA Other Funding- Total $22,181 $0_ -. $o. $o 1 0 -. -._.so. $22,181 1 Grant Administration Request Public Service Request _Physical_ Improvement Objective Cat gory [-Suitable Living_ Environment_ Yes - [ Decent Housing: Outcome Category _ _ _ [Availability/Accessibility: Yes - J Affordability_ - 'Economic Opportunity: f sustainability: _ Other Comments: The arc ency desires to have a satellite office open in National Cily funds. with these City of National City, California Second Reading CITY COUNCIL AGENDA STATEMENT .....JIEETING DATE October 21, 2008 AGENDA ITEM NO. 18 ITEM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 1.08 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES, AND NAMES (CITY INITIATED) PREPARED BY Jodi L. Doucette, Esq.! DEPARTMENT City Attorney (Ext. 4412) EXPLANATION Given the recent creation of an additional City of National City logo and the deletion of the Community Development logo, this Chapter of the National City Municipal Code required an amendment to reflect the changes to our City logos. Environmental Review I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance A-200 (9/99) ORDINANCE NO. 2008 — 2312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 1.08 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES AND NAMES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 1.08 of the National City Municipal Code is hereby amended to read as follows: Sections: 1.08.010 1.08.020 1.08.030 1.08.040 1.08.050 1.08.060 1.08.070 1.08.080 1.08.090 1.08.100 Chapter 1.08 OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES AND NAMES City Seal. City Insignia. City Logo. City Logo. Official City Name Adopted. Official Community Development Commission of the City of National City Name Adopted. Police Department Badge. Fire Department Badge. Fire Department Logo. Violations of Public Usage Without Permission. 1.08.010 City Seal. The following symbol with the inscription thereupon constitutes and is adopted as the official seal of the City. 1.08.020 City Insignia. The following symbol with the inscription thereupon constitutes and is adopted as the official insignia of the City. 1.08.030 City Logo. The following symbol with the inscription thereupon constitutes and is adopted as an official logo of the City. 1.08.040 City Logo. The following symbol with the inscription thereupon constitutes and is adopted as an official logo of the City. aocv INCORPORATED 1.08.050 Official City Name Adopted. The official name for the City shall be the "City of National City", and hereby constitutes and is adopted as the official name for the City. The name "National City" shall also constitute a secondary official name for the City. 1.08.060 Official Community Development Commission of the City of National City Name Adopted. The official name for the Community Development Commission of the community shall be "Community Development Commission of the City of National City", and hereby constitutes and is adopted as the official name for the Commission. The name "Community Development Commission" shall also constitute a secondary official name for the Community Development Commission of the community. Ordinance 2008-2312 2 Logos, Insignias. Names, Badges 1.08.070 Police Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Police Department of the City. 1.08.080 Fire Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Fire Department of the City. 1.08.090 Fire Department Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the Fire Department of the City. XS WO 1.08.100 Violations. A. The City seal, insignia, logo, official name, the Community Development Commission official name and logo, the Police Department badge, and the Fire Department badge and logo are for the exclusive use by the City, the Community Development Commission, and their officials and employees, in the course and scope of their official duties. No other persons may use, adopt, alter, or reproduce the City seal, insignia, logo, official name, the Community Development Commission official name and logo, the Police Department badge, and the Fire Department badge and logo without the express written authorization of the City Manager of the City of National City. Ordinance 2008-2312 3 Logos, Insignias, Names, Badges B. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through criminal, civil, administrative, injunctive or other relief available by law. Criminal penalties for violations of the provisions of this ordinance may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. PASSED and ADOPTED this 21 st day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance 2008-2312 4 Logos, Insignias, Names, Badges CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2008 AGENDA ITEM NO. 19 ITEM TITLE Request to Initiate a General Plan Amendment/Zone Change/Local Coastal Program Amendment on the Existing PSI Site from Heavy Manufacturing (MH-CZ) to Medium Manufacturing (MM-CZ) and on the Proposed PSI Site from Medium Manufacturing (MM-CZ) to Heavy Manufacturing (MH-CZ); property generally bounded by Civic Center Drive, Cleveland Avenue, 18th Street, and BNSF Railway. Applicant: City initiated. Case File No.: 2008-47 GPA/ZC/LCP. PREPARED BY DEPARTMENT Raymond Pe, AICP Planning Department Principal Planner (619) 336-4421 (619) 336-4310 EXPLANATION The proposed General Plan Amendment/Zone Change/Local Coastal Program Amendment would allow the proposed relocation of PSI and its operations to the proposed Heavy Manufacturing (MH- CZ) zone and would allow less intensive uses to be established in the proposed Medium Manufacturing (MM-CZ) zone as delineated in the attached exhibits. Background Report attached. ENVIRONMENTAL REVIEW Not applicable for this action. However, if the General Plan Amendment/Zone Change/Local Coastal Program Amendment is initiated, the appropriate environmental review will be conducted pursuant to the California Environmental Quality Act (CEQA) prior to any final action on the proposed amendment. FINANCIAL STATEMENT Not applicable. Account No STAFF RECOMMENDATION Staff recommends that the City Council initiate the General Plan Amendment/Zone Change/Local Coastal Program Amendment . BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1 Background Report 2. Exhibit A Existing Zoning 3. Exhibit B - Proposed Zoning A-200 (9/80) BACKGROUND REPORT The Community Development Commission Board has entered into an Exclusive Negotiating Agreement (ENA) with Home Depot for the portion of the subject property that is proposed to be rezoned from Heavy Manufacturing -Coastal Zone (MII-CZ) to Medium Manufacturing -Coastal Zone (MM-CZ). The ENA established a working agreement between the City/CI)C and Home Depot to conduct the due diligence needed to determine the feasibility of developing the site and to establish an approach for the entitlement of a project. Several land use and entitlement issues have been identified. The proposed Home Depot site would include most of the properties now occupied by Pacific Steel, Inc. (PSi). PSI is agreeable to vacating the site to allow for its redevelopment; however, PSI desires to remain in the immediate area and has proposed reducing and consolidating its operations and relocating to a smaller area to the south of their existing site. The City/CI)C, Home Depot, and PSI have agreed to consider a land use and development concept that would facilitate this. PSI is currently operating within the only I leavy Manufacturing (MH) zone designation in the City. In tact, the zone was created specifically to include the activities that have been conducted on the PSI site. The ME E zone allows only a very limited number of very intensive industrial uses, such as scrap metal processing, scrap metal yards, and sales of scrap or used metals. Home improvement stores and similar uses are not permitted in this zone. The primary purpose of the Medium Manufacturing (MM) zone is to establish areas for industrial uses that involve production and processing activities that may result in some degree of noise, vibration, air pollution, radiation, glare, and fire and explosive hazards. However, the zone also perniits some less intensive land uses, including building materials storage yards and retail sales. The Home Depot is a big box retailer that differs from the primary purpose of the MM zone, but is consistent with the activities associated with building materials storage yards and retail sales. All of the land area west of interstate-5 under the City's jurisdiction is regulated by the Local Coastal Program (11'P). All zone designations within the LCP include the Coastal Zone Overlay designation CZ, which indicates the applicability of the LCP. The LCP establishes land use policies and applies specific regulations to the City's coastal zone to further the goals and objectives of the California Coastal Act. The LCE' includes the adopted General Plan/Zoning Map; consequently, any zone change in the coastal zone would also require a subsequent E,CP amendment. The California Coastal Commission has final approval authority over LCP amendments. One of the goals of the adopted [.,CP is to maintain adequate industrial zoned lands to allow for marine -related industrial land uses to establish and operate within the coastal zone in support of maritime uses. The LCP identifies the MI I and MM zones as implementing land use designations for most of the City's coastal zone. "I'he MM zoned lands are relatively abundant in the coastal zone, while the MII zoned area is extremely limited (to the existing PSI site). Consequently, any zone change should consider maintaining a sufficient amount of MFi zoned lands within the I,CP. The proposed zone change would maintain an adequate amount of the Heavy Manufacturing zone designation to accommodate the PSI operations on the smaller site, while expanding the Medium Manufacturing zone to include the proposed redevelopment site. The proposed MM zone designation would expand the potential for a wider range of land uses than the existing MH zone, which has very limited industrial land use potential. In addition to the land use and entitlement issues described, there arc also redevelopment and environmental remediation issues that are concurrently being addressed. An owner participation process was conducted and concluded for the subject properties. In addition, a Conceptual Remedial Action Plan has been completed for the PSI site to address the remediation of environmental contamination. These concurrent actions along with the proposed General Plan Amendment, Zone Change, and Local Coastal Program Amendment will address the major entitlement issues that would face any future redevelopment of the subject property. MC KINLEY F. , ........._ . . . . • i . , . . , . . , ! ; .• , , . . . : , .. ‘Zr r•-•-• - ----- --A -a- --a CLEVELAND rileifillt1111410.111141111MINNINNIMMIN1111.111141111111MIRWOMMIROWIrNIMINHOINIMINININUMWHINMI 1, :...._ it: --- -------i li --.- 441.11014041414N111101141111111WOUSHilii, >c kt \ •ineisaitimamittoutonsulittivit' mtetropttemeustruniniontormertimairettettenommemptimiii;iwiroiiii z • 00 • . i • . ; L- L.J.--.-_.-, L__ I HARRISON \ TIDELANDS 0 ACVNEI\VT PROPOSED -ZONING 100 \ 200 300 400 fs,get . City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 21.2008 AGENDA ITEM NO. 20 ITEM TITLE \ Request to Use the Martin Luther King, Jr. Community Center by the San Diego County Superintendent of Schools for their training on Thursday October 30, 2008 with no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 33 -4274 EXPLANATION DEPARTMENT Community Services The San Diego County Superintendent of Schools is requesting use of the Martin Luther King, Jr. Community Center for their staff training on Thursday October 30, 2008 from 7:30am to 4:30pm. Approximately 60 guests will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 211.05 Custodial: $ 44.00 Total $ 305.05 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review ,/ N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $305.00 plus $100 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A-200 (9/99) U 7l 0/LUUO JUL 13: U1 CMA IQjUU31 U1L City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to ans the City Council pyrq Uf V Facility Requested: please circle Martin Luther King Jr. Buildin• North Room South Room Entire Facility Date(s) of Use: /0 - 3 t' -- 0 6 dime of Use: From: 7.0 Kimball Senior Center SEP 2 3 2008 L;OMMUNITaYBERVI Es DEPT. NATIONAL CITY, CA Day(s) of Use: PM To: 7 3 U AM, 7}-/vf S DR v INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: IRA-wt','✓ 6 Is the event open to the public? Name & Address of Organization/Group: 5flA/ DiE6o eyeV .5't1 Tit (We 7 3/ 7-7Ot),4- - ec=,c, � oN� ct r�/ / / 13 ' no Tax ID# Non-profit organization Anticipated Maximum Attendance: .6 0 SUPc2fvrevvex./% Of , /fi00 ,v R noxv,g2 C , r; Percentage of National City Residents d /a Will Admission be charged? 100 Amount $ ! Will this be a Fund Raising Event? �d Equipment Requested: .# of chairs # of banquet tables Podium/Microphone Use of Kitchen: Yes _ No Use of Gas for Range and Oven: Is the Use of Alcohol Requested? _ P Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? _ �7� NO Name: L L/I=ORN/4 DIN/N(, Sty{/, Phone: 16 4J 33 — / 3f `7f gz4 Name: Phone: P170 A15i4CH��5fi Yes �C Stage I(JUU4/ VLL How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that n any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the Gty's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the usQ of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED:. / - / Y J PRINT NAME: 1 /mI SIGNATURE: ADDRESS OF APPLICANT: , e3e) A/A noN/it Ct T'7 f3tvD CITY, STATE, and ZIP CODE: niA 770,v, - C r Tye d/ <<1 0 PHONE: DAY al y-770 - EVENING 74.2U -79 -954 EMAIL: (/ iitair 6)sdcoe.'°---FAX NUMBER; 6 l y- q 7C .502.7 7 Please type or print clearly with a ballpoint pen. Complete application Must be submitted and payment submitted in advance of the event. CONTACT PERSON ON THE DAY OF THE EVENT: DM-,/E q- LL/ fl1 HOME PHONE: (855 g "-31 VI CELL: (-0) 7 99- 95 z/6 Rental Amount Received: Deposit Amount: Check __ Community Services Staff Only - Receipt Number: Deposit/Key Returned: Key Issued: YES NO 3 juu1, uit CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign'the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: �= '✓ i�� l�U �C't',V i >UPE;e i�V ✓�r�vT 6't`-- S Cti- �rvLS Person in charge of activity: £/P,-N L /f)-u4 Address:. ,e)Ci2E - boa NA- 771)/.1y}-L c/ ref &i-t/D �vb! 1/4)/ L Telephone: &'/ /- E-Mail: • ,,e17a //1U? ei h& f City Facilities and/or property requested: ml k &L'/Ln/,iG.- ` &'771 Roam Date(s) of use: 77-/V/ 5 Div / / L i 3 o 2 O() HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of Applicant Official Time Certificate of Insurance Approved by Date Name and Title 4 UY,/0/LVUO ID:UL CHA WVUO/V/G Safety/ Security Please describe your procedures fcr crowd control and internal security: Our s Try c-)-(- fil2)-rnsr-- (-a/Nal cire-t.k (,014/\ 0601,,UJC irti (A161Aft. Tr_ (1 - j. (-2-1 r 19-e-cvj uuse toitAA6t,,,. Li, arc_ 6r(..(4.,a1 A itA p iaoc •-5( tve_A ot\ A.4+; LOC, SeitletA A rk---2,1' •erkl..el At LA.L. 6:trA,-,,Ecto \JLkCVt IC ItL 4 \it AlZ:lzvAn (t) S an) (40d• --bik-1/21 A 6 1/6 --11AZ\ Tellr) Lukt,R (4+-A YES 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: 5 V 7/ L O/ L V V O r HA taluu1iuic Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: -Ivor `jE0vl 6 /1-1.,(O HOB. 4T TNT 5 E / Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: 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: _ 6 Uy/1b/1000 TUC. 17:U� r /A A J U U u i U i c _ Public Works Police Department Fire Department Community Services Building and Safety Engineering Risk Management Finance Department Planning 1ap- ^1..._.:.3�......c.�. ,`l/'. - .,: z k vca��;••.per•,• aate�,, �• • .l N.'iul:I��v.L:`��c?'S't`.L"t:.`y_�.� ���.�:•:�. Wes. :L.TL�.�"�:•t'<�i�ii�.+. .� Department _ Date _ Yes __ No Condition(s) of Approval Initial Specific Conditions of Approval: 7 l:Ilent#: ZUUZ SANDIE3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 09/22/08 PRODUCER BB&T Insurance Svcs of CA,Inc. 750 B Street, Suite 2400 S^n Diego, CA 92101 121-6744 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED San Diego County Schools/JPA San Diego County Office of Ed. 6401 Linda Vista Rd. San Diego, CA 92111-7399 INSURER A: Everest National/AmWINS* 10120 INSURER B. Permissively Self -Insured INSURER : AWAC/AmWINS* 10690 INSURER D: Endurance/AmWINS* 41718 INSURERE: Continental/Gr.Am/AmWINS* 20443 COVERAGES TIIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIiBS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'L NSR❑ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMME RCIAL GENERAL LIABILITY 71P2000015081 07/01/08 07/01/09 FACH OCCURRENCE $5,000,000 X DAMAGE S ILa RENTED PRFMISI=S uccurrencel $ X CLAIMS MADE. X OCCUR MED E.XP (Any one person) $ $500,000 S.I.R. PEf2SONAL & ADV INJURY $ GENERAL AGGREGATE $8,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $8,000,000 POLICY PRO- JECT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $500,000 S.I.R. 71P2000015081 07/01/08 07/01/09 COMBINED SINGI E L IMIT (Ea accident) $5,000,000 XJ BODILY INJURY (Per person) X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA 1 LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLF RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? II yes. describe under SPECIAL PROVISIONS below JPA MEMORANDUM OF COVERAGE 60 Days Notice of Cancellation 07/01/08 07/01/09 1WC STATJITS 1 TH 1 TORY I IMFR (°. E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C D E OTHER Blanket Prop Blanket Prop Blanket Prop P009759001 CPN10000942100 RMP207110558 07/01/08 07/01/08 07/01/08 07/01/09 07/01/09 07/01/09 $5,000,000/$175,000 SIR $20,000,000 XS $5M $175,000,000 XS $25M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Issued with AmWINS permission. Property Policy incl Special Form and Replacement Cost. Re: Use of premises October 30, 2008. Certificate holder, its officials, agents and employees are additional insureds. CERTIFICATE HOLDER City of National City 2100 Hoover Avenue National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #5457948/M447945 TTCAR O ACORD CORPORATION 1988 IMPORTANT .� If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. VI% ACORD 25-S (2001/08) 2 of 2 #S457948/M447945 EUM 20 505 05 06 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ fT CAREFULLY. ADDITIONAL INSURED- INSURED CONTRACT This endorsement modifies insurance provided under the following: PUBLIC ENTITIES EXCESS LIABILITY 1. The following is added to SECTION II. WHO IS AN INSURED: Any person(s), entity(ies), or organtzation(s) to whom the Named Insured is obligated by virtue of an • 'insured contract to provide Insurance solely with respect to 'bodily injury' and 'property damage' and arising out of: a. Premises leased, used or occupied by you; b. 'Automobiles' leased or rented by you; c. Equipment owned, leased, rented, maintained or used by you; d. Mortgagees of a Named .insured; or e. Property owners and property managers of property owned, leased, rented or occupied by you. However, this insurance under this endorsement does not apply to: i. Any 'occurrence' which takes place prior to or after you cease to occupy the premise as stated In the 'Insured contract". it. Any structural alteration, new construction or demolition operations performed by or on behalf of the additional insured. iii. Any 'wrongful act', 'employment practices wrongful act' or any 'employee benefit wrongful act'. 2. The Limits of Insurance afforded under this endorsement will be limited to the Limits of Insurance required within the terms of the 'insured contract' or the Limits of Insurance of this Policy, whichever is less, and will apply in excess of arty 'underlying Insurance" or your °retained limit' shown In the Declarations. We will not be obligated for limits of insurance shown in the 'insured contract' that are greater than the Limits of insurance of this Policy. San Diego County Schools Risk Management -Everest National-#71P000015081-7/1/08 to 7/1/09. EUM 20 505 05 06 Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of 1 its permission. City of National City, California COUNCIL AGENDA STATEMENT `4.'MEETING DATE October 21, 2008 AGENDA ITEM NO. 21 / ITEM TITLE TEMPORARY USE PERMIT — ICS Harvest Festival hosted by the Integrity Charter Schoo on October 31, 2008 from 4:00pm to 8:00pm at 125 Palm Avenue, National City, CA 91950 PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Integrity Charter School to conduct the ICS Harvest Festival event at 125 Palm Avenue on October 31, 2008. Set-up for this event will begin at 12pm and the actual event runs from 4pm to 8pm. The event will take place in the school's main parking lot and it will include tables, chairs and booths for the sale of food items. Additionally, there will be a large dumpster for trash. Because this is an evening event, the sponsor will rent a tow light powered by a generator. Parking will be available in the upper church parking lot. The school's first aide personnel will be available and the ICS staff will be present for crowd control. All equipment will be provided by the sponsoring school. Signs and banners on the school's fence will be used to advertise this event. Environmental Review X . N/A Financial Statement The City has incurred $345.00 for processing the TUP. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all onditions 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) Type of Event: _ Public Concert Parade Motion Picture Event Title: Fair _ Demonstration _ Grand Opening Festival Circus Other fft6 k f \je4 fi6-4 vet _ Community Event _ Block Party Event Location: (2- S ?c i it Vim-. /v on,d (1-l.E.L1 Event Date(s): From IL)�) J J 3/ to ID Total Anticipated Attendance: Month/Day/Year Chief Officer of Organization (Name) Din � Applicant (Name): 1.(irc,-- k 1V:, -2_ ( V Participants) T ( Spectators) Actual Event Hours. am/Oo 'am/6 Setup/assembly/construction Date: )D/ I/D Start time. la -pm Please describe the scope of your setup/assembly work (specific details): eLuLirS D k Dismantle Date:43/74)( Completion Time: 11 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: _ 1 1T / l�' .- ! For Profit Not -for -Profit Address: 1 25 Palm V Cam, Iv cv ) Oe el ict b Daytime Phone: tl2�-1' z,- L1 Evening Phone: (c 7 ' Fax: a3z, 6 )7 ci Contact Person "on site" day of the event rarG�. Z) rn_L -Q ? Lj Pager/Cellular: 11 �1 - t�� s i2/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? >,YES _ NO Are admission, entry, vendor or participant fees required? _ YES i(, NO If YES, please explain the purpose and provide amount(s): dU Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1 Sb.D Estimated Expenses for this event. $ ) vr-'D 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. 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: 7 YE -NO Does the event involve the sale or use of alcoholic beverages? 1CYES NO Will items or services be sold at the event? If yes, please describe: Tab ?V{25 YE$/� 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 yy direction of travel, and provide a written narrative to explain your route. /`' YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES %S NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC X 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 i- Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Ag4e. Describe your plan for clean-up and removal of waste and garbage during and after the event. I.oQYe, -/1) 6ek dGcik�2!', ;,)e& Please describe your procedures for both Crowd Control and Internal Security: 01 k 3of4 -- hrs I rtp. py i tinq-ypipitra.4 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: kYES _ 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. Pert/id %-fp1A) I �" Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 6 l-✓ 4 6(16. y j f W 11 ke. Q I a.1 like 4- �u� Trion `'001 �3 a bE- ke--e&3s id l� Please describe your Accessibility Plan for access at your event by individuals with disabilities: NMI ay/wy6 1St — re4r�m IL/i/,�5i/ie Please provide a detailed description of your PARKING plan: lAppeir.chate-k 1 1QuJ' Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: `?tee 61) <iciattbl OIL NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages. �/ Type of Music: YES/" NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES/, NO Will sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: RYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 2M►M-o L 3(1 / c0- Revised 08/10/05 5 ) k\y\) \65\ Event: For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requ- •ng use of City property, facilities or perso provide a minimum . ',1,000,000 combined single limit injury and property dama which includes the City, i employees named as additio insured and to si Agreement. Certificate of insuran - must be at Organization _In"�Y� Person in Charge of Activity nel are required to surance for bodily officials, agents and the Hold Harmless ched to this permit. Address i `L-I ve4 /\3L5YcQ Telephone 3/MCI? Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? /1 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 f'd Nuder&_Azt./ Type of Organization ALL/ 1�'�``a- `r`-r �-1) (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. XNo (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city Ise 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) S444VD, ignature D . to CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A "TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL. SPONSORING ORGANIZATION: Integrity Harvest School EVENT: ICS Harvest Festival DATE OF EVENT: October 31, 2008 "TIME OF EVENT: 4:00pm-8:O0pm APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE BUILDING & SAFETY POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO I ] YES [ x ] NO [ ] YES [ x I N(.) I ] YES [ x ] NO [ 1 YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEI? CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: PlJI3LI(' WORKS Public Works Department staff has reviewed the application for subject Temporary Use Permit (IUP) and recommends approval with no involvement by Public Works. RISK MANAGER I've reviewed the application for the proposed use and note that the repeat event will he held entirely on school and church grounds (Integrity Charter School). "there does not appear to be any unusual liability exposure on the part of the City in terms of vendors or facilities. I have no objection to the application. City of National City, California COUNCIL AGENDA STATEMENT `ftswEETING DATE October 21, 2008 AGENDA ITEM NO. 22 rM TITLE TEMPORARY USE PERMIT — Sweetwater High School's Homecoming Football Game Halftime Show on November 14, 2008 from 7pm to 9pm at Sweetwater High School. PREPARED BY EXPLANATION Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division This is a request from Sweetwater High School to conduct a Homecoming Football Game Halftime Show on November 14, 2008. This event will include a pre -game Parade of Clubs including the Queen and King Candidates and band accompaniment. The halftime event is a fireworks display. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. This is a recurring annual event. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $350.00 for processing the TUP through various City departments, plus $349.00 for the Fireworks permits and an additional $258.00 if the applicant elects a City medical standby. 'Total fees are $699.00 Account No. STAFF RECOMMENDATION Approve the Application for a "Temporary Use Permit subject to compliance with all conditions of approval with a fee credit in the amount of $1500.00. Should City Council grant the waiver of fees, total fees will be $0.00. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater High School EVENT: Homecoming Football Game Halftime Show DATE OF EVENT: November 14, 2008 TIME OF EVENT: 7 p.m. to 9 p.m. APPROVALS: PLANNING RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] 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 entirely on School District property. There does not appear to he any liability exposure on the part of the City in terms of street closures, impact to traffic, vendors or facilities with the exception of the planned fireworks display. We should confirm that the District requires commercial general liability insurance from the vendor, with limits of at least $2 million dollars per occurrence and $4 million dollars aggregate, that the vendor is a licensed pyrotechnician in the State of California, and that the NCFD is specifically notified of the fireworks display in case of any mishap. Other than these comments, I have no objection to the application. FIRE (619) 336-4550 1. Permit is to be obtained from the Fire Department for the display of fireworks. Permit request must be submitted by licensed pyrotechnic company a minimum of 14 days prior to event. Permit fee is three hundred forty nine dollars ($349.00). 2. Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3. Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 4. 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, they shall be tlame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine ($349.00) dollars. Fees can only be waived by the City Council. 5. Occupancy load to be maintained at all times in all grandstand and bleacher seating areas etc. Means of egress such as isle ways and stairs shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 6. Aisles located within an accessible route of travel shall also comply with the Building Code requirements for accessibility. 7. All cooking areas to have one 2A:I0BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 8. Fire Department access into and through football field and surrounding areas are to be maintained at all times. 9. Access to Sweetwater High School to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 10. Fire Hydrants shall not be blocked or obstructed. 11. Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. 12. Guest and participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). Vehicles on and around the field are to pull immediately to the right upon approach of emergency vehicle(s). 13. A fire safety inspection is to he conducted by the Fire Department prior to operations of the event. Inspection to include fireworks area, cooking area, grandstands, etc. 14. Minimum $100.00 after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. 15. TUP to reflect National City Fire Department as responding agency (pg 4). 16. Fire Department will not have a unit designated to this event to provide medical services. Other means of providing medical aid will be required. To have a Fire department personnel standby, there would be an additional fee of approximately two hundred fifty eight dollars ($258.00). Type of Event. Public Concert Parade Motion Picture Fair Demonstration (;rand Opening Festival ./ Community Event Circus , . Block Party I/ Other 5U. ti rtirtvle-e0 M a) 41 Event late: 5;4./ R._ J4 Event Location: h. e-1,44 /414 Event Date(s). From Ofrgefrto /0YJOATotal Anticipated Attendance: 3.t.o-ori) Month/Day/Year .Participants) i( A Spectators) s:tual Event Hours: i•Ziernall to ei Setup/assembly/construction Date. /09/0/ Start time: Please describe the scope of your setupkisserribly work (specific detai)s) /..ife_.i.titoole_szvf 7-3 0,1 Lobvg-e- .4--r ,ca A- b Ar,24-AW TPLIC 7i,14 th-iwe_e_p /.4.)4 QM-1$4t... Dismantle Date: Completion Time: aman List any :;treet(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening A/0 Ai 6.. 0....,.. .. . i .. , -- i.,,....... 4: . • ... '...• • -14(... ••.111 1!,44 ..4'.1!4.4.'4.4.' 3.4!,/,:4, • .....-.1‘ 4'17 r. •::..,,:.Z., : 7.4.1.4,14: ;,•,.; ' .1..:1. 44. ':. '. f..,,, (1,: ..*:, '..r; ,,, ••"`;1:,, c*, •, '",:...-- c...:1, ' - '• J , • , • • , !: ,-.. ,, ; • —,... „,,:-....,11 ;•.,... - .,. ...... 4 44 . '', ,. ••• i ... .444. 4 • .. . 41 a4.,..1 .. -4 4 .4. .44 t- ,s,..... ..... I . ' •,44...,‘ . .. . .. r . ,.. , ... ..., :. , , .. 1,....-7.,-_ I. .. ....4 -44.,....•4,4 .. 7:,•'. r . ! 1-7- -:r \7:-:7- ..- •-: 1 .. • ".1 :•-• • . ; *• , - • - • ' ': : : ':',- .• • 7.; ; .'.';; '-', ";*; I:- :!./ .". ...'...:•: *.- • ' • ; ., 4.. • - ,' . • 4.• 4. . ./ 44-4 ', 4. 4,, • .,.. ' 4 ''... '. ..,: ' .'.! - '.....4 ....:`. ..1 -•'-:I..•I1•-..' '• •: ;,-,.. •.-.;..4•,,...1'. ,.",.'.-'--]-, 4';-... •-,•.f•"..• -.--..•, •, ....-' •4I--j 4 .. •,--,'.. ' :,•-‘••"‘•.-* , 4 ..,24 .'':'• .. '\i.-...... 4 1- ;• .1..,.•,.,' 1'.. -4_".. :..- 4 , 1 '-•':--'-.:...,• : •%. • ' -:'1.-,-.; : ' ,.i 14 4-"..44••14-"7-\`,--\.7'7.. _-,„-7-.r-\••“r'.: • '- ..7'- 7-.,•.--•.•::1 ! ••, •-. - •-• . - -"•• • - • • • - ' : . , Sponsoring Organization: /Ls,. 4se For Profit ./ Not -for -Pi otit Chief Officer of Organization (Name) Applicant (Narne)• Address eg02,16.41 ijif/ 441-7-k_o V # 29°6 /9/ 4#11-4._ 447d /1-1/ . ,t/'. C . Rlytirmu Phone6/ 97 91- Ptiori( 61") da -Y-r2-0Ax (•(/ 1- 9 v ,6 M17-"g4w jf ? 5-3 10 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Contact ori site- d&,- Is your organization a 'Tax Exempt, nonprofit" organlzation0 ✓ YES NO Are admission, entry, vendor or participant fees required ✓ YES NO If YES, please explain the purpose and provide arnount(s): nj (SJ iO.iII- $ _its, D'DV Estimated Gross Receipts including ticket, product and sponsorship sales from • this event. $ 3,..0_. $ _..44 a . 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 z �i 2.E�,✓D'Q K 5 i4 / L-V )3 6 Scr- v P ON -7716 Z-4 wen., 4-711Z c_T 1 c, ,s Sus# /. 7/fc IciE L J i S 1 G1-oS£-4 ,By A F••vcc. 4-ivA771z Phut £.- Cab c �� IS 1 gv d-n 7o ef4 n �1 Cubes_ 7'/f - /et2s./02k 9e ,q4/ Gil i[.rL 2 ,71,N YE" riO If the "..t>nt urn i•.(.'; 'h,! ()t t,tr, :;Ill the ".:,rr:; rnrrie (:�rau�,�.r�l•; Ir.,n; rAntlorr,rl (illy (:,Ir li NC Irsl tin a,.i(iItional derdlers Invcl',ed �n the '. I ,� .1. r I• 'r• a .. YES ✓ NO Does the event involver this sale or iise of alcoholic beverages"' ✓ YES NO Will sterns or services be sold at the event? If yes, please describe: e.CA/Cf_.SS/0 ALS YES /NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed rnap of your proposer) route indicate the direction of travel, and provide a written narrative to explain your route. _✓ YES ___ NO Does the event involve a fixed venue site? If YES, attach a detailed site neap showing all streets impacted by the event YES ✓NO Does the event involve the us(; of tent, or canopies? If Yt S Number of tent/canopies Sizes NOTE'. A separate Fire Department permit is required for tents or canopies YE.S / NO Will the event involve the use of the City stage or PA system r 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 (;amen areas Food Concession and/or Food Preparation areas Please describe how food will be served at the event. If you intend to cook food in the event area please specify the method GAS ELECTRIC C}IARCOAI_ OTHER (Specify) Portable and;or Permanent toilet f acilthes Number of portable toilet _ _ (1 for eery 250 people is required, unless the applicant can show that there are facilities, in the immediate art-. 3 .available In the public during the event) Tales and Chairs Fencing, barriers and/or barricades • Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages. grandstands or related structures Vehicles and/or trailers Other (elated event components not covered above 'rash containers and durnpster s trinba You must properly dispose of ' aste and garbage throughout the ((Jul cf ‘four e'rent and immediately upon conclusion of the event the ,area roust he retuin0d to ,a clean Con:fatton tlur'nhrrr r;aSti ::.':rll,ain.,rs . itfi tide, f)r scrip � �,r,ur ()!.in fi)r e.le:ui ul; and rr•rn()5:;31 of :•:,aac :ar,e! (Art th Al/A- Please describe your procedures for both Crowd Control and Internal Security: reoeof,I2S, It-, / f tSTr_A7VQ a YES ✓ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Oryanllatlon Address: ✓YES Security [Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: SrlAbrt*f 4,1 +IP" , XL/,1110 L e £ /f-9s G L/CrrM77AM/ Sys At Please indicate what arr..rnclernent yoti have nude for providing First Aid Staffing and Equipment. Pleas€; det;cube your Ac:cessrhIlrty Elan for access at your event by individuals with disabilities S(!Ali i-f /MA) r ;1 i s4-rt/T Please provide a detailed description of your PARKING plan: cro 7'S Ate' Sa'1 / RV/4-/I.- a 1,1 AlVU p`G - Sri C-T 10R1Z R 'At* f'Icase (i�; ;, rihc: your plan fur DISAE_tLI-f) E'ARKIr.J(, Please describe your plans to notify all residents, businesses and churches impacted by thr•> event. S � ' 09 A°It Moil / L / LS D IC 5 vNi 67ZTt L.✓ 7 $ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. VYES ' NO Are there any musical entertainment features related 10 your event") It YES, please state the number of stages, number of bands and type of music. Number of Stages __D_. _ Number of Bands: _. Type of Music 'A -A/o Mei C E-r _. ✓-YES NO Will sound amplification be used7 If YES, please indicate Start time. �.�— arrr;�7iDF ini ,h Time O ,3n Tj V-Yf S NO Will sound checks be i:onducted prior to the event") It YES. please indicate Start tune un "� f inist Tune CD 0 tI Please dr:scnbe the sound etluipnrenl that will he used for your event s L / A. sys NO Fire works, rockets, or other pyrotechnics? If Yf s.S, please describe: 12-E wo __ YES Any signs. banners, dr�cor'<rtionr;, special lighting") If YFS, please describe keveserl i)8/10M5 _Tor Off ice 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Krftn fit, 1.)!r.?cif); & 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 mush/be attached to this permit. V h Organization %E C-n,/,q-7.. 8t/j / j4n S-t/oe L Person in Charge of Activity V / Q ,YitT*)c 1 ' iGN Address 2AtD Mdr.o > yf Telephone'! i NI 4- 9757 Date(s) of Use l ihilitf 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. Signal J' — Applicant / 5/ S 7 i✓T )eki- Official Title Date/ o /i Ufhrc (k;c Ori(y Certificate of Insurance Appiov d Date 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 h1A-TI-o,. johy St -Ho 0 Type of Organization sG/fDOL (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? ti Yes (Please provide an explanation and details. doll 452 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) / 0437iler. Sign'' t—e Date City of National City, California COUNCIL AGENDA STATEMENT ``..MEETING DATE October 21, 2008 AGENDA ITEM NO. 23 ITEM TITLE Notice of Decision Planning Commission Denial of a Conditional Use Permit for the Expansion of a Food Mart and for Accessory Beer and Wine Sales at an Existing Gas Station at 1803 Highland Avenue (Applicant: Fred Karim) (Case File 2008-25 CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The + 24,000 square -foot property is located on the southeast corner of Highland Avenue and East 18' Street, in the General Commercial (CG) zone. The lot is developed with the a gas station (Highland Service Station), which includes automotive service bays, a car wash and a 532 square -foot mini mart with restroom, office and storage space The applicant proposes major renovations to the aging gas station property, including the expansion of the food mart by 404 square feet into an adjacent auto repair bay. Other site improvements include facade enhancement of the building including cornices, columns, stucco and a new sign. The applicant is also requesting to sell beer and wine between the hours of 8 a.m. and 12 a.m. seven days a week. The alcohol sales area is projected to be 20% of the overall sales area, although no exact location has been specified. The Department of Alcoholic Beverage Control considers the area to be over -saturated with regard to alcohol sales outlets. Planning Commission held a hearing on September 15, 2008; representatives from the Institute for Public Strategies and the Police Department were in attendance and spoke against the project based on youth access to alcohol and the over -saturation of alcohol establishments in the area. The Commission voted to deny the CUP based on attached findings and emphasized the projects' proximity to schools. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION /eV Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Ayes: Alvarado, Farias, Baca, DeLaPaz, Pruitt, Reynolds Nays: Flores ATTACHMENTS ( Listed Below) Resolution No. 'gill1. Planning Commission Resolution No. 33-2008 2. Location Map 3. Police Department Comments 4. Site Photos 5. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION NO. 33-2008 A RESOLUTION OF THE PLANNING COMMISSION OF "I'H1. CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDFITONAI, USE PERMIT FOR Ti f1 EXPANSION OF A FOOD MART ANI) FOR ACCESSORY BEER ANI) WINE SALES Al''AN EXISTING GAS STATION AT 1803 HIGHLAND AVENUE. APPLICANT: FRED KARIM CASE FILE NO. 2008-25 ('1J1) WHEREAS, the Planning Commission of the City of National City considered a Conditional lJse Permit for the expansion of a food mart and for accessory beer and wine sales at an existing gas station at 1803 highland Avenue (APN: 561-171-18). at a duly advertised public hearings held on September 15, 2008, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the state report contained in Case File No. 2008-25 ('UP maintained by the (City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and (.'ity law: and, WHEREAS, the action recited herein is tound to he essential for the preservation Of public health, safety, and general welfare. NOW, THEREFORE, I3I? IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on September 15, 2008, support the following findings: 1. That the proposed use is not deemed essential and desirable to the public convenience and welthre, since the area is already served by businesses which sell Neer and wine for oft -site consumption and since there is an over -concentration of off -sale alcohol licenses in census tract 0116.01 in which the subject property is located. 2. That public convenience and necessity is not served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is denied. BE IT Ft.JR FE IER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. E3E IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City (Council meeting where the Planning Commission resolution is set for review, unless i IC -OS • A6'11 \ '16° \ 16A° \ \ "16.\ \ \ A633"-- o f, \ \ 163" \ - 164A - A106 Ark° A134 \ cp 140 • St ‘,3 RM\1 PD \\\ (3-) A9A6 • \• \ • \ • ' \ 0 \ --3" • ' o - 1bA°- \ ' 1b3° RM-2-PD 6 45 --A A •‘902- • \ \ \ \I ,\,._ , \ % \\ Ag \ .\ 62•%11 • \16 - \ '16-- \ --RS-3-po \ - \ -\ ke,A2 - \ \ 1,-,-- 1°6 \ \ AV2-1 - \\.\1AA \\ ..004 -- - \ • \ , % \-A1A6-A-9 - \- \IV % — \ \--tg;\ cr30 (.9 RM-1 (37.) LC) (c'en o CP (31 vs. •VES2° .o26 Aa'36-3 _ -41 10c. 192- \ 194A - • 194 - 20k\I \ c?) ‘') ?SO • - Oil CG 00\ .‘14° co Ag313 1-3 20'34 \ 20.‘6 '04\ A904 ‘9\6 • viNT1 AB32,- A92°_ .\92 A934 \ PD A9A5 A043 0 _ A9A1, to (5) 1944 \ , 20°6 \ 0 20As- 100 0 100 200 Feet PROJECT SITE ZONE BOUNDARY Ns LOCATION MAP 2008-25 CUP Conditional Use Permit to Expand an Existing Food -Mart and for Beer and Wine at an Existing Gas Station at 1803 Highland Avenue NATIONAL Cl2TY PLANNING DRN. DATE: 9/2/08 INITIAL HEARING: 9/15/08 NATIONAL CITY POLICE i)EPARTMENT MEMORANDUM DATE: August 5, 2008 TO: Martin Reeder Planning FROM: i,. Brent Roark, Lieutenant NPT II Commander SUBJECT: CIA) -- 1803 Highland Ave. In regard to the applicant's desire for a conditional use permit allowing the sale of beer and wine at the existing gas station, the Police Department stands in opposition to the granting of such. As previously stated in similar cases, there are several factors taken into consideration on applications such as the one before us. The Police Department takes its responsibility in the review of such applications seriously and relies upon the expertise of police personnel, as a result of their training, and knowledge, to offer conscientious, data -driven input. It is not sufficient for the Department to narrow its focus on simply criminal conduct per se regarding an outlet or the surrounding area. The Department takes a much more broad view of planning issues with an eye toward environmental prevention strategies. The Department recognizes that our responsibility must extend to proactive and preventative measures that address community health, safety and wellbeing on a broad scope. Even small changes to a business, whether it is concerning aesthetics or the business design and plan. often times create dynamic changes to the area. Those changes can directly influence a host of livability issues (traffic, noise, loitering, social behaviors, etc.) "Those same changes can also directly affect safety services in regard to the number and type of involvement. The mood of the public should be a vital consideration when the police make policy decisions. Therefore, we rely heavily on community input and use the 1999-2000 community survey which measured the community's perception on a myriad of alcohol issues. "i'hat survey, for example, revealed that 80% of the respondents perceived underage alcohol consumption as either somewhat of a problem or a major problem. 64% of the respondents believed there is a high relationship between alcohol consumption and violent crime. Further, respondents believed that either too many alcohol outlets existed (30.3%,) or enough outlets already exist (29.5%) and no further are needed in the city. Finally, 62% of the respondents recognized that someone under the legal drinking age can easily access alcoholic beverages in National City and that there are many negative consequences associated with underage alcohol consumption. 3 From a pure public safety perspective, another issue of significant concern is the "immediate alcohol consumption" theory associated with venues of this type. Individuals who are pre -planning an event (party, L3B), reception, or even a family dinner) do not normally purchase alcoholic beverages from a service station outlet. "These outlets typically do not carry higher end / upscale alcoholic beverages. Rather, purchases from such outlets are often associated with the immediate consumption of the beverages purchased - potentially while the consumer is still behind the wheel. Further, these types of outlets often cater to a younger population who may he more inclined to consume alcoholic beverages in public, in violation of existing laws and ordinances. In addition to the aforementioned points and concerns, The Department also bases it opposition upon the two following areas: 1. Over -saturation issue for the area. 2. No showing of public convenience or necessity. As in all cases, there is a need to seriously and carefully examine the criteria for a showing of Public Convenience and Necessity. Due to the fact the business in question is located within an area that is oversaturated with outlets and is located within a high crime area. ABC must deny the license unless there is a showing of Public Convenience and Necessity. Such showing rests with the applicant. Often times, governing authorities look to those in opposition to a license (or modification of such) to establish how the license in question will result in an increase or crime or otherwise negatively impact the safety, wellbeing or general livability of -the area. Such requirement is not consistent with the intent of the law. Rather, the applicant should he required to show how the licensed premise will he of benefit to the community at large or to show that there is otherwise a need that goes beyond the applicant's own financial interest. Regularly, there is the misapplication and misinterpretation of the term Public Convenience and Necessity when used in determinations made regarding licensed alcohol outlets. In this regard the term is not to be defined nor applied in the colloquial sense of the words, but rather in a much narrower and specifically applied fashion. Valid questions which become the burden of the applicant to answer concerning Public Convenience and Necessity include: I. Would the granting (or modification) of the license provide a "convenience" to an underserved portion of the community without negatively impacting the public safety and well being? 2. Would the granting (or modification) of the license enhance or facilitate the vitality of an existing commercial area without negatively impacting the public safety and well being. "Through a simple risks and benefits analysis, the applicant and those supporting the application, should he able to explain what value or benefit the outlet brings to the community. if the applicant/supporters are unable to demonstrate tangible benefits. then 4 no Public Convenience and Necessity- waiver should be granted. Can the applicant show the following? • Significant net employment gain, especially of local residents • Various business taxes • Unique business addition • Upgrading an area and its usage • Positive cultural or entertainment value • Long term economic development goals 5 2008-25 ('UP Mini -Mart Expansion l lighland Service Station Site Photos 1lighland Service Station looking East Service Station and (Tar Wash looking East 6 Repair Bays and Mini -Mart Existing N-tini-Mart 7 ( ; SHEET NVEX PBSCAi.—ION •• 2-•••-'5• ,,, •• • ••••54.7.5.15-055.5 1 I I: 5••••=5 A...,0455 ' 1 . 5,5 ••••5-5, A.,,,,..5 ....,,,,,, ,.. ,...• 2 5, 4.A, ..,...ee. LE6PV,.. TION NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2008-25 CUP DATE: 6/30/2008 HIGHLAND SERVICE FILE COPY : 'These plans and all work shall comply with the California Building Standards Code found in State of California Title 24 CCR as amended and adopted by the County of San Diego." 0,5 .0. 0. • a.., •52.-*A85 •••,[2.CC- 4004255 0"NER/CEVri.OPER =NS! LIP K• • •.001•0 ••‘,525 •55542, • , 555 5•,..5 ••55-••• I 5,2 . I 15A•Ca ' I 55,-,2•2+5.-. 1 I -.^.5 .5.• c..<5.5,..5.5.C. PRO—EGT DA-A 5,- • 5-2 .•... V....7=7:74":1C•ZI r471,.... •55155.5.55t, sliC.1 NI"?' MAP.... tn^:Urgo.5 geg.ogg •••••A: • ...57,5555 "op - MAGN 0•IGNIVING C0/4111.ACTNG 7101 Woke GOY 0. Sub. 220 : $.0 Dis" CA. 92101 III I • 019) 295-1035 (61 f)213-0105 !ea 1 . HIGHLAND SERVICE MULL • 11 • . SC2a ARE POOTAb!!! SG0'.1 C• eiCtilt•C .910..ECT NAME ) 1-- • • • OS616 Y3 1413 PolIDN .anWAY PUDik f021 331Ael3S GNV1IIOIH I`•''•1 • • .1806f-56i (4 It) 061,56Z (619) lt4 Ott .1^S .1.ri .07,1 IOU . 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CR 92108 (619) 295 4903 (611) rES-4.04 o, • HIGHLAND ISSUES: MOLLYA3131SYQ 03C0dOild , A NI US EMU INES NNE NEEL NEM ENNINI IOWA MENU MENNE NAM Alf Ins • mg A A A 7 1'1 • I • I I • .1 E • •1 A-3.2 E;ROPOSED BODING [LIVATION5 •• nits HIGHLAND SERVICE rr 1503 highland AYenue, National Cify, CA 91950 §§. P City of National City, California COUNCIL AGENDA STATEMENT "*110.MEETING DATE October 21. 2008 AGENDA ITEM NO. 24 ITEM TITLE Notice of Decision -- Planning Commission Approval of a Modification of a Conditional Use Permit to Reconfigure Previously Approved Parking and Open Space for a Duplex Behind an Existing Home at 720 1 Avenue (Applicant: Jesus Gonzalez) (Case File MI CUP-2002-17) PREPARED BY Martin R eder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is comprised of two properties, 705 highland Avenue and 720 1 Avenue, in the General Commercial (CG) zone. 720 I Avenue is developed with a duplex and single-family house. 705 Highland Avenue is developed with an older single-family home. CUP-2002-17 was approved in March 2003 for the duplex and included four parking spaces and open space area on the adjacent Highland Avenue lot. The intent of this approval was to preserve the character oldie surrounding single-family neighborhood. The owner of both subject parcels has stated their intention to redevelop the I lighland Avenue lot and another adjacent vacant lot with a new restaurant. The parking lot for this future restaurant would apparently be located in the space currently occupied by the parking and open space for 720 1 Avenue. The applicant proposes to reconfigure the open space and parking areas by relocating the parking spaces to the subject lot and by reducing open space consistent with current requirements. This would result in four additional parking spaces in the front yard setback of the I Avenue property. Of the six resulting spaces, two would be in the existing two -car carport to remain in use, two surface spaces would be accessible from the existing driveway leading to the carport and two additional surface spaces would be accessed straight in from !Avenue via a new driveway. Wrought iron fencing and gates are proposed to screen the parking area from I Avenue. Planning Commission held a hearing on September 15, 2008 where Commissioners stated that they would like to see the Highland Avenue lot developed, which the modification would facilitate. The Commission voted to approve the CUP based on attached findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be tiled. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Farias. Baca. Del.aPaz, Pruitt, Flores Nays: Reynolds ATTACHMENTS ( Listed Below) Resolution No. ' 1. Planning Commission Resolution No. 34-2008 3. Site Photos 2. Location Map 4. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION ION NO. 34-2008 A RFSOi,U"I'ION OF TI IF PLANNING COMMISSION OF TI IF CITY O1. NA'I'IONAI. CITY, CALIFORNIA, APPROVING A MODIFICATION ION OF A CONDITIONAL, USE PERMIT TO RECONFIGURE PREVIODUSI.Y APPROVED PARKING AND OPEN SPACE FOR A DUPLEX I3FIIIND AN EXISTING HOME AT 720 i AVENUE. APPLICANT: JI'.SI.US GONZALEZ CASE FILE NO. M1 ('UP-2002-17 WHEREAS, the Planning Commission of the City of National City considered a modification of a Conditional Use Permit to reconfigure previously approved parking and open space for a duplex behind an existing home at 720 I Avenue (Ai'N: 556-414-05) at a duly advertiscd public hearings held on September- 15, 2008, at which time oral and documentary evidence was presented: and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. M1 CUP-2002-17 maintained by the City and incorporated herein by reference along %vith evidence and testimony at said hearing; and, WIIEREAS, this action is taken pursuant to all applicable procedures required by State law and (.'ity law: and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, 131: IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on September 15, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since all required parking and open space area can be located, as proposed, on site without requiring any variances foam Land Ilse Requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since I Avenue, a collector street, can accommodate the additional 12 average daily trips generated by the parking space relocation. RI'. IT FIJR T1IER RESOLVED that the application for Modification of Conditional Use Permit ('I1P-2002-17 is approved subject to the following conditions: I. This Conditional Ilse Permit authorizes the relocation of parking and open space area approved at 705 and 715 Highland Avenue under Conditional Ilse Permit application (11P-2002-17 to 720 I. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conlorm with Exhibit A-2nd Revision, case file no. MI C'UP-2002-17, dated 7, 7- 2008. 1 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting. etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The plans shall also reflect the placement of a minimum of one street tree for every 40 feet of frontage. Additional plantings (shrubs, groundcover, etc.) shall be shown in available areas both in the parkway and within the front yard setback area. Plans shall be provided to the Planning Department within 60 days of approval of this Conditional Use Permit. 3_ The fencing shall be realigned to provide adequate separation between common and private open space in the amounts prescribed in approved plans. Fencing shall be shown on the landscape and irrigation plan. 4. The driveway, parking and access easement described in the Covenant and Easement Agreement for Parking (Document 2004-0924700 as recorded with the San Diego County Recorder) shall he abandoned and all encumbrances upon the subject properties removed. Evidence of abandonment shall he provided to the satisfaction of the Planning Department within 60 days of approval of this Conditional Use Permit. 5. Application shall be made for a Special Driveway Permit subsequent to approval of this Conditional t lse Permit, and approved by City Council, for the proposed' driveways. This Conditional tJse Permit shall not be considered approved until such time as an approved Special Driveway Permit is procured. 6. Plans must comply with the 2007 editions of the California Building ('ode, the ('alifornia Mechanical ('ode, the California Plumbing ('ode, the California Electrical Code, California lire ('ode and California Title 24 energy and handicapped regulations. 7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California ('ode of Regulations, "Title 14, Section 753.5, the applicant shall pay all necessary environmental filing tees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Division. 8. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Dorm, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. "hire applicant shall also submit evidence to the satisfaction of the Planning and l3uilding Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. i'he Notice of Restriction shall provide infimnation that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the City Attorney and signed by the Planning and Building Director prior to recordation. "This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16.190 of the Municipal (.`ode. 9. BF IF 1.11R 1 11ER RI SOi.VFD that copies of this Resolution be transmitted forthwith to Ole applicant and to the City Council. 2 EW IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is tiled with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. ('ER"I'IFIC'A"l'ION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 6, 2008, by the following vote: AYES: Alvarado, Farias, DeLaPaz, Pruitt, Flores NAYS: Reynolds ABSENT: Baca ABSTAIN: 3 6p5 100. - 10d 6�8 200 Feet \\ 620 co attest 0 .10 CG-PD rn Noro PROJECT SITE ZONE BOUNDARY — — — LOCATION MAP M1 CUP-2002-17 Modification to a Conditional Use Permit to Change the Parking Layout at 705 Highland and 720 I Avenues NATIONAL CI4TY PLANNING DRN. DATE 9/2/08 INITIAL HEARING: 9/15/08 MI C[JP-2002-17 Parking Reconfiguration --- 720 I Avenue -- Site Photos 720 I Avenue Looking West I Avenue Looking North from Subject Lot 5 Existing Palm Tree in Front Yard of 720 1 Avenue Driveway Leading to Existing Parking Area Looking South from 711' Street 6 I+G cIGN GROUP • r_fi1 . . , :EVIOUS CUP) 671,4 7 1 • , _ ...... . • / ,,,,' • : •• - :••-•":-' --,'"--77---'' / j::::'":„ • . '::- .,,:\ ‘ t, >c \<<Y-' ,/ ,-:::. -/ N il''\ • • 77 ''":S! ‘l'.'/Z:. '// 2 / /,',1„;LK/L.,L._ • t : -: . • // ' ,'/// / ' i %///4'^ • - -'/' 'z'' ///, / /,‘ z,/,;,//i • - ' . ;ir %/,',/,‘ z• //;/ /, • ', , /,•/, , ' i , :;•‘,/,- %, %;', /, 7i•/ '„ / • % • t ' ' ",'; zz //,2';',,',.':',7:,:"!:', •/,/,‘:,;;;‘,/;,:l '. _ : : , ,/.;;; , c../00 ,F ; ,^27//;? ., /// / ', . '' '.,-'L,/;//; / / / / " / . • ji/i/,-/' + . , %. , . - • . , .. , . ... ',. •,.. 4i• . . • . - . 7 -7 ••-'• —"" SITE PLAN (CUP MODIFICATION) ....•••••• • • • NATIONAL. CITY PLANNING 1)1-1' I. A-2" Resision CASE FILE NO. \ 11 CUP-2002-i DATE: 77 2008 PRELIMINARY PROPOSED PARKING CUP VOD:PICAT ON CP-1 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California tEETING DATE: October 21, 2008 AGENDA ITEM NO. 25 ITEM TITLE: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF� NATIONAL CITY AUTHORIZING THE REIMBURSEMENT FOR CDC EXPENDITURES IN THE AMOUNT OF $707,286.72 TO THE CITY OF NATIONAL CITY FOR THE MONTHS OF JULY 2008 THROUGH SEPTEMBER 2008 PREPARED BY: Jeanette Ladrido, Finance Director it). DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $ 707,286.72 ♦ J STAFF RECOMMENDATION Approve the reimbursement for the CDC expenditures to the City of National City in the amount of 707,286.72 BOARD/COMMISSION RECOMMENDATION N/A [Ir1..TACHMENTS (Listed Below) WARRANTS FOR THE MONTHS OF JULY 2008 THROUGH SEPTEMBER 2008 • RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE REIMBURSEMENT FOR CDC EXPENDITURES IN THE AMOUNT OF $707,286.72 TO THE CITY OF NATIONAL CITY FOR THE MONTHS OF JULY 2008 THROUGH SEPTEMBER 2008 WHEREAS, effective July 1, 2008, the Community Development Commission of the City of National City's fiscal operations were merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC; and WHEREAS, it is appropriate that the CDC periodically reimburse the City for all payments made by the City on behalf of the CDC. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes and directs reimbursement by the CDC to the City in the amount of $707,286.72, for all CDC warrants paid for from the City's General Fund. A listing of said warrants for the months of July 2008 through September 2008 is attached hereto as Exhibit "A", and incorporated herein by reference. PASSED and ADOPTED this 21st day of October, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney 1/3 N �}^ CA:L1•FOR,N,IA 1VJ_ INCORPORATED ) COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER JULY THROUGH SEPTEMBER 2008 EXHIBIT "A" Check Number Vendor Name Fund 301 C D B.G. Fund 502 Section 8 Fund 511 Tax Increment Fund 522 Low Moderate Housing Total Check 221946 IBARRA 1,354.84 1,35484 2,709.68 222048 PORTILLO CONCRETE 92.96 92.96 222121 DIXIELINE LUMBER, CO. 138.70 138.70 222166 PRUDENTIAL OVERALL SUPPLY 40.02 40.02 222183 SMART & FINAL 142 59 142.59 222208 ALL POINTS PUBLIC FUNDING, LLC 19,613.22 19,613.22 222228 DIXIELINE LUMBER CO. 11201 112.01 222247 MAYER HOFFMAN MCCANN P.C. 1,000.00 3,000.00. 4,000.00 222263 PRUDENTIAL OVERALL SUPPLY 13.34 13.34 222276 SUN TRUST 5,009.63 5,009.63 222288 VISTA PAINT 265.02 265.02 222373 DELTA DENTAL 197.56 39.71 63 99 301.26 222383 HEALTH NET 196.91 196.91 222389 KAISER FOUNDATION PLANS 309.73 370.97 309.74 990.44 222403 PRUDENTIAL OVERALL SUPPLY 15.34 15.34 222414 SAN DIEGO TROLLEY INC. 52.49 52.49 222415 SAN DIEGO TROLLEY INC. 21.75 21.75 222434 REILLY, CHARLES J. 3,716.76 3,716.76 222447 CA ASSOC FOR LOCAL ECONOMIC 80.00 80.00 222464 DESROCHERS 220.00 220.00 222470 ENVIRONMENTAL SPRAY SYSTEMS IN 4,127.94 4,127.94 222471 EQUIFAX INFORMATION SVCS 50.88 50.88 222473 ESRI 730.63 730.63 222479 GM ROOFING AND MAINTENANCE INC 825.00 825.00 222480 GMAC 7,111.44 7,111.44 222485 HUSK PARTNERS 15,000.00 15,000.00 222498 MOTIVATIONAL SYSTEMS INC 2,499.93 2,499.93 222507 PATRICIA L SANTOS DBA 3,326.40 3,326.40 222510 PRUDENTIAL OVERALL SUPPLY 13.34 13.34 222533 VISTA PAINT 3,232.50 3,232.50 222542 MA STEVENS CONSTRUCTION 228,466.90 228,466.90 222543 MOTIVATINAL SYSTEMS INC. 4,252.12 4,252.12 222556 BLIK 10,000.00 10,000.00 222565 CORPORATE EXPRESS 785.35 785.35 222572 DIEHL EVANS & COMPANY LLP 275.00 275.00 222574 DIXIELINE LUMBER CO. 7.76 7.76 222586 HAPPY SOFWARE, INC 5,416.00 5,416.00 222587 HdL COREN & CONE 1,200.00 1,200.00 222618 PRUDENTIAL OVERALL SUPPLY 13.34 13.34 222629 SAN DIEGO TROLLEY INC 36.25 36.25 22635 SUN TRUST 5,009.63 5,009.63 222638 THE LINCOLN NATIONAL LIFE INS. 33.13 33.13 222643 WELLS FARGO BANK 3,476.09 279.00 3,755.09 222656 CA ASSOC FOR LOCAL ECONOMIC 80.00 80.00 222670 DIXIELINE LUMBER CO. 77.78 77.78 222671 ECONOMIC & PLANNING SYSTEMS 2,052.62 2,052.62 2/3 4 C:ALIFORNIA+ fry INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER JULY 'THROUGH SEPTEMBER 2008 Check Number Vendor Name Fund 301 C.D B G. Fund 502 Section 8 Fund 511 Tax Increment Fund 522 Low Moderate Housing Total Check 222674 FEDEX 28.01 28.01 222679 GE CAPITAL 418.96 418.96 222681 HARRIS & ASSOCIATES 3,667.60 3,667 60 222685 INFRASTRUCTURE ENGINEERING 12,232.64 12,232.64 222688 KLEINFELDER, INC 226.14 226.14 222689 LAW OFFICES OF DON DETISCH 1,106.17 1,106.17 222694 MAZZARELLA CALDARELLI 5.83 5.83 222695 NAHRO 62.64 62.64 222700 OPPER & VARCO 2,431.50 145.53 2,577.03 222704 PRUDENTIAL OVERALL SUPPLY 13.34 13.34 222710 SOUTH COUNTY ECONOMIC DEV 7,500.00 7,500.00 222712 STRATACOM 97.88 97.88 222713 T.S. INDUSTRIAL SUPPLY 86.64 86.64 222726 XEROX CORPORATION 439.19 439.19 222728 SAN DIEGO COUNTY RECORDER 154.00 154.00 222734 A COPY WORLD 485.14 485.14 222735 BEST BEST & KRIEGER LLP 1,752.20 1,752.20 222736 BROWN MARKETING STRATEGIES 10,000.00 10,000.00 222737 CORPORATE EXPRESS 140.16 140.16 222738 DANKA OFFICE IMAGING CO. 406.69 406.69 222739 GEOSYNTEC CONSULTANTS 2,593.54 2,593.54 222740 MOTIVATIONAL SYSTEMS INC 9,999.74 9,999.74 222741 NATIONAL CITY HISTORICAL 4,750.00 4,750.00 222742 NBS 1,533.00 1,533.00 222743 XEROX CORPORATION 439.19 439.19 222879 THE LINCOLN NATIONAL LIFE 0.16 0.16 222788 CRUZ M. BUSTAMANTE & ASSOC 6,000.00 6,000.00 222789 EDCO DISPOSAL 20.95 20.95 222790 ICF JONES & STOKES 15,224.25 15,224.25 222791 NIEDERFRANK'S ICE CREAM 9,405.23 9,405.23 222792 POWER PLUS 195.00 195.00 222793 VISION INTERNET PROVIDERS 18,424.75 18,424.75 222794 WESTFLEX INDUSTRIAL 5,094.73 5,094.73 222898 CACEO 370.00 370.00 222899 CRUZ M. BUSTAMANTE & ASSOC 6,000.00 6,000.00 222900 D-MAX ENGINEERING INC 1,135.00 1,135.00 222901 HUSK PARTNERS 7,500.00 7,500.00 222902 NATIONAL CONSTRUCTION RENTAL 177.08 177.08 222903 PRUDENTIAL OVERALL SUPPLY 13.34 13.34 222904 RICK ENGINEERING CO. 55,900.63 55,900.63 222934 DELTACARE (PMI) 16.29 16.29 223000 CORPORATE EXPRESS 350.99 174.98 525.97 223001 DEPARTMENT OF JUSTICE 64.00 64.00 223002 DINEROS, MARIA 27.30 27.30 223003 DIXIELINE LUMBER CO. 112.01 112.01 223004 EQUIFAX INFORMATION SVCS 78.75 78.75 3/3 t- CA:GI,FO.R.NLA -+ uvu INCORPORATED COMMIJNITY DEVELOPMENT COMMISSION WARRANT REGISTER JULY THROUGH SEPTEMBER 2008 Check Number Vendor Name Fund 301 C D.B G. Fund 502 Section 8 Fund 511 Tax Increment Fund 522 Low Moderate Housing Total Check 223005 GMAC 1,223.15 1,223.15 223006 INTEGRATED BIOMETRIC 4.00 4.00 223007 U S HEALTHWORKS 100.00 100.00 223008 WADE & ASSOCIATES 6,640.50 6,640.50 223009 NATINAL CONSTRUCTION RENTAL 211.64 211.64 223013 BLIK 5,645.42 5,645.42 223014 CHARLES J REILLY 4,129.79 4,129.79 223015 CHRISTMAS IN JULY 100,000.00 100.000.00 223016 COMMUNITY FOOD BANK OF 2,880.53 2,880.53 223017 CORPORATE EXPRESS 154.76 154.76 223018 CREATIVE IMAGES PHOTOGRAPHY 14,926.19 14,926.19 223019 D-MAX ENGINEERING INC 1,251.25 1,251.25 223020 DIAMOND ENVIRONMENTAL SVCS 125.78 125.78 223021 DIXIELINE LUMBER CO. 22.45 22.45 223022 ECONOMIC & PLANNING SYSTEMS 925.71 925.71 223023 FEDEX 151.84 47.90 199.74 223024 HEALEY CONSTRUCTION CO 10,829.30 10,829.30 223025 MOTIVATIONAL SYSTEMS INC 6,943.75 6,943.75 223026 PATRICIA L SANTOS DBA 4,796.29 4,796.29 223027 PORTILLO CONCRETE, INC. 1,900.00 1,900.00 223028 POWER PLUS 195.00 195.00 223029 PRUDENTIAL OVERALL SUPPLY 53.36 53.36 223030 SAMAHAN FILIPINO AMERCIAN 250.00 250.00 223031 SAN DIEGO BUSINESS JOURNAL 900.00 900.00 223033 SDG&E 330.51 330.51 223034 STRATACOM 368.67 368.67 223035 THE FILIPINO PRESS 600.00 600.00 223036 TRAUMA INTERVENTION PROG 8,000.00 8,000.00 223037 U S HEALTHWORKS 100.00 100.00 223038 VISION INTERNET PROVIDERS 10,329.75 10,329.75 223039 VISTA PAINT 136.86 136.86 TOTALS 40,605.97 19,349.95 541,286.48 106,044.32 707,286.72 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT "INPWIEETING DATE October 21, 2008 AGENDA ITEM NO. 26 ITEM TITLE Resolution of the Community Development Commission of the City of National City awarding a contract to Flores Sierra Contractors, Incorporated, in the amount of $33,352 for the demolition of a single-family residential unit located at 1820 G Avenue in National City; and establish an appropriation of $33,352 in account 522- 445-462-650-9024 PREPARED BY Jim Ridley DEPARTMENT Community Development (Ext. 4266) Housing and Grants EXPLANATION On November 30, 2004, the CDC received title to the property located at 1820 G Avenue in National City. Subsequently, on October 17, 2006, the CDC directed staff to work with San Diego Habitat for Humanity to prepare plans to develop the acquired site. Habitat for Humanity is a qualified and experienced affordable housing developer, and has previously partnered with the City in developing affordable for -sale units, such as the three single family residences at 1401, 1409, and 1410 Sheryl Lane. On November 21, 2006, the CDC entered into an Exclusive Negotiations Agreement (ENA) with Habitat to prepare plans for the development of affordable housing on the site. On October, 7, 2008, the CDC approved a Disposition and Development agreement with Habitat For Humanity for the development of an eight (8) unit town home development affordable for families at sixty (60%) of the area median income. As part of the Cities' agreement with Habitat for Humanity it was agreed that the City would demolish an existing house and out building on the site prior to turning the property over to Habitat for Humanity. On October 1, 2008, four (4) bids were received on the project. The low bidder was Flores Sierra Contractors, Inc., 1547 Jayken Way, Suite B, Chula Vista, CA 91911. The low bid amount was $33,352. The total estimate for the project is $33,352 and appropriations in that amount will be established in account number 522-445-462-650-9024 to fund the contract and the demolition of the single-family residential unit. Environmental Review NI N/A Financial Statement Approved By: finance Director Funds were not budgeted, but are available in undesignated fund balance account 522-2501 and establish appropriations in account 522-445-462-650-9024. Account No. STAFF RECOMMENDATION Adopt Resolution of the Community Development Commission approving a demolition contract with Flores Sierra Contractors in the amount of $33,352 for the property located at 1820 G Avenue BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Bid Submittal Documentation Attachment 2: Bid Results Attachment 3: Bid Results Line Item Comparison Matrix A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO FLORES SIERRA CONTRACTORS , INC., IN THE AMOUNT OF $33,352 FOR THE DEMOLITION OF A SINGLE-FAMILY RESIDENTIAL UNIT LOCATED AT 1820 G AVENUE, NATIONAL CITY, AND AUTHORIZING THE APPROPRIATION OF SAID FUNDS FROM THE TAX INCREMENT UNDESIGNATED FUND BALANCE ACCOUNT TO THE 1820 G AVENUE DEMOLITION ACCOUNT WHEREAS, the CDC acquired the property located at 1820 G Avenue using $875,000 in federal HOME funds to develop an affordable housing project; and WHEREAS, on November 21, 2006, the CDC entered into an Exclusive Negotiations Agreement (ENA) with Habitat for Humanity to prepare plans for the development of affordable housing on the site; and WHEREAS, on October, 7, 2008, the CDC approved a Disposition and Development Agreement (DDA) with Habitat For Humanity for the development of an eight (8) unit townhome development affordable for families at sixty (60%) of the area median income; and WHEREAS, pursuant to the ENA and DDA, the CDC agreed to demolish an existing single-family residential unit and an out -building on the site prior to turning the property over to Habitat for Humanity; and WHEREAS, representatives of the Community Development Commission of the City of National City ("CDC"), in open session on October 1, 2008, did publicly open, examine, and declare four sealed bids for the demolition of a single-family residential unit located at 1820 G Avenue in National City. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby awards the contract for the demolition of a single-family residential unit and out -building located at 1820 G Avenue to the lowest responsive, responsible bidder, to wit: FLORES SIERRA CONTRACTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Chairman is hereby authorized to execute on behalf of the City a contract in the amount of $33,352 with Flores Sierra Contractors, Inc., for the demolition of a single-family residential unit located at 1820 G Avenue in National City. Said contract is of file in the office of the City Clerk. FURTHERMORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the following appropriation of funds: FROM: Account No. 522-2501 Tax Increment Undesignated Fund Balance TOTAL AMOUNT: $33,352 TO: Account No. 522-445-462-650-9024 1820 G Avenue Demolition AMOUNT: $33,352 Resolution No. 2008 — October 21, 2008 Page 2 PASSED and ADOPTED this 21st day of October, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 BIDDER'S PROPOSAL (CONTINUED) "HIE DEMOLITION AND DISPOSAL, OF BUILDINGS LOCATED A I 1820 G AVENI.JE, NATIONAL. CITY, CAJ.IFORNIS SPECIFICATION NO. 08-1820 (.i AVENUE IF A PAR 1NI•:RSI LIP, SIGNI LI;RE:: 1. Name under which business is conducted: 2. Name of each member of partnership (indicate character of each partner, general or special limited): Signature ((;iVen and surname and character of partner. Note: Signature must be made by general partner) 3. Complete Business Address 4. "Telephone Number IF A CORPORATIONSIGN HERE: I. Nance under which business is conducted: f LoREs S1614-9,A CaAlC ACTQ.kS 2. Name and title of two officials authorized to sign for the corporation: _ ALbERTO QE S t;.S. N`evkroA L._fc SEL . Signatures of each of the two officials authorized to sign for the corporation: Incorporated under the laws of the State r of: CPtL►-t"oQfJtf: Complete Business Address ($'j? ..,r0,`10<Clkit)AY sue, Ta . 3 CMtM A _ V�.sTA CQ,r .4 I q' ) Telephone Number -'Q41R, --. rev 6/24/08 16 BIDDER'S PROPOSAL 1 11E 1.)1.MOl.I"l"ION ANI) DISPOSAL OF BUILDINGS LOCATED AT 1820 (1 AVENUE, NATIONAL IONAL CITY, CALIFORNIA SPF.CIFICA 11( )N N0. 08-1820 (i AVENUE 'I'o the Honorable 1\layor and Council of the City of National City': The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the DEMOLITION ANI) DISPOSAL, OF I3IJILDINGS LOCATED A"1 1820 G AVENUE SPECIFICATION NO. 08-1820GAVENUE and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the plans and specifications now on file with the City Engineer at the prices shown on this proposal. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications and the local conditions at the place the work is to be done, and also understands that all labor and materials to be furnished shall be for the price of the proposal, including sales tax upon any materials so furnished. The undersigned has also carefully checked all of the figures given and understands that neither the City of National City, nor any officer thereof, will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. Receipt is hereby acknowledged of Addenda No. (s) The undersigned has examined the schedule of prevailing wage rates for the types of work to he done on this project and agrees to pay not Tess than these rates. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: `r! I . Name under which business is conducted: 2 Signature (Given and Surname) of proprietor: Complete Business Address: Telephone Number: 101 15 ITEM NO. 2. 3. BIDDER'S PROPOSAL (CONTINUED) "F1-IE DEMOLITION AND DISPOSAL. OF BUILDINGS LOCA"I"I•:D A"l 1820 G AVENUE, NA"I'IONAL. CITY, CALIFORNIA SPECIFICATION NO. 08-1820 (.i AVENUE "Io the I lonorable :Afavor and (pity Council of the City of National City I/We agree to the DErti1O1"II'ION AND THE DISPOSAL OF BUILDINGS LO('A-I1:1) AT 1820 G AV[-INUI. SPECIFICATION NO. 08-1820 G AVE.:NIT for the prices listed on these proposal sheets: F)E:SCRIPTION Site health and Safety Plan Water Pollution Control Management (SWPPP) Removal & disposal of Asbestos Containing Material Removal & disposal of Lead containin surfaces/material Removal & disposal of material falling uncle Universal I lazardous Waste Rule (1JWR) &. material potentially containing polychlorinated biphenyl. (PCBs) 6. Site Demolition, disposal & grading 2. Removal & disposal of Septic Tank General Demolition Recycle, Salvage and Disposal of Buildings BASE BID TOTAL Naar QTY Lump Suer Lump Sum Lump Sum 1,urnp Sum UNITi11N1"I' PRICK; EXTENSION Ls i goo. 00 4800. 00. I .S ' 3,a-l5. ©0 4 3,?15. 00. s l , 500..00 .4_ 1-., 500.00 I .S 19(0(1.0011 ci L1190. 00 Lump Sum I "S Lump Sum I.S Lump SUM1,S 1_.un1p Sunr LS Base Bid Written: IA t Rx y I Li QE-F' USAtk)-6 (-N l e i)ollars_ and Ul?Ivf _t 1El- `l TO O►Ji—`� g 50 •O0 4 .... ei Ws^0r . co y _1 . ./ W c --- d_. l .-_c\1 t►03.00'_ at►fo3.00 ID, 000.0 10,000 OCR :3, 351_01 0O1 100 In case of a discrepancy between words and figures, the words shall prevail. In the event of a variation between the unit price and extended total, the unit price and the corrected extension will be considered as the amount hid. The Contractor shall perform. with its own organization, Contract \work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to performed by the Contractor with its own organisation. "Specialty Items" will he identified by the Agency in the Rid or Proposal (specialty items identified). Where an entire item is subcontracted, the value of work suhcontracted will he based on the Contract Unit Price. When a portion of an item is subcontracted. the value of vvork subcontracted will be based on the estimated percentage of the Contract Unit Price. This will he determined from information submitted by the Contractor, and subject to approval by the Engineer. Cents n v 6/?.1;03 17 Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a vvritten statement shoving the work to he subcontracted giving the name and business ()leach Subcontractor and description and value of each portion of the work to he subcontracted. The quantities listed in the laid Sheet(s) are provided to give a general indication of the scope of the work and [or the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. 18 CERTIFICATE REGARDING CONTRACTOR'S LICENSE THE DEMOLITION ION ANI) DISPOSAL. OF BUILDINGS LOCATED AT 1820 G AVENUE. NATIONAL CITY, CALIFORNIA SPECIFIC,ALION ,Nt r- 08-1820 G AVI.:NUE Contractor required to possess the following, State Contractor's License: ( 'lass ,A or ('-21 California State Contractors License. In addition. the Contract work includes removal and disposal of asbestos - containing building materials. Bidder is not permitted to perlornt any asbestos related work unless he/she possesses a California State Contractor's I..iecnse and is certified pursuant to Section 7058.5 of the California State Business and Professions Code. If bidder is not certified, all asbestos related work must be performed by a subcontractor possessing a California State Contractor's License and certified pursuant to Section 7058.6 of the California State Business and Professions Code. If a certified subcontractor is used, the subcontractors name and location shall be listed on the "Designation of Subcontractors'' form. Bidder must also he 40 hour CAI.-OSI IA certified. Z_ A failure to possess the required license, a failure to truthfully set t rth the following information. or a failure to execute this Certificate renders the proposal non -responsive and requires the City to reject the proposal. (Business and Professions Code Section 7028.15) 3. Contractor declares. under penalty of perjury, that he possesses the required Contractor's ''oer license which: a. Bears license number.-83_56, ... and b. Expires on: 04 2.010 Signature 4Z Title 10-1-08 Date This required license determination has been made by the City of National City. Any Contractor holding a different license who feels he is qualified to hid on this work must so advise the City Engineer at least seen (7) days prior to the hid opening. A review of the contemplated work will be made and the Cit}'s decision as to the required license will be final. 19 CALIFORNIA Chairman Ron Morrison Members Louie Natividad Frank Parra Fideles llnqub Rosalie Zari-;le Lxeculive Director Brad Raulston NATIONAL ONA CIr, ; J l IlvcoRI'oltATFo City Of National City Community Development BID RESULTS Specification No. 08-1820 G Avenue October 1, 2008 1. Carolino Construction National City, CA 2. Francisco E. Garcia Construction National City, CA 3. Telliard Construction San Diego, CA 4. Flores -Sierra Contractors Chula Vista, CA James Ridley Community Development Specialist I Housing and Grants Division Community Development Department City of National City ATTACHMENT 2 $90,000.00(base bid) $84,117.00(base Bid) $67,300.00(base bid) $33,352.00(base bid) 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4266 Fax: (619) 336.4286 iridI v(Tnatinnalcitvca nov l 1820 G Avenue Demolition Bid Line Item Comparison Matrix Item Site Health & Safety Plan SWPPP Asbestos Remediation Lead Hazard Remediation Universal Hazardous Waste Demolition & Grading Septic Tank Demo, Recycle Disposal TOTAL BID Carolino Const. $ 4,000.00 $ 3,000.00 $ 9,000.00 $ 5,000.00 $ 5,000.00 $ 34,000.00 $ 5,000.00 $ 25,000.00 $ 90,000.00 F.E. Garcia Const. $ 3,000.00 $ 5,500.00 $ 5,986.00 $ 2,500.00 $ 9,975.00 $ 40,843.00 $ 4,200.00 $ 12,113.00 $ 84,117.00 Telliard Const. $ 1,641.46 $ 1,915.04 $ 8,891.26 $ 24,621.95 $ 2,051.83 $ 6,155.49 S 9,028.05 $ 12,994.92 $ 67,300.00 Flores Sierra Const. $ 800.00 $ 3,275.00 $ 1,500.00 $ 4,964.00 S 950.00 $ 9,700.00 S 2,163.00 $ 10,000.00 $ 33,352.00 £ Z[IRWHOVIIV COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: October 21, 2008 AGENDA ITEM NO. 27 ITEM TITLE: Resolution of the Community Development Commission of the City of National City approving the transfer of funds in the not -to -exceed amount of $6,500 from the Tax Increment Undesignated Fund bal- ance to the Marina Way Storm Drain Project. PREPARED BY: Barby Tipton DEPARTMENT Engineering (619) 336-4583 EXPLANATION: As part of the Disposition and Development Agreement with Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation, the City is responsible to install a storm drain on Marina Way. A resolution for an agreement amendment with Rick Engineering Company to design and prepare plans for the storm drain project is on the City of National City Council Agenda in the amount not -to -exceed $6,500. Environmental Review N/A Financial Statement Funds are available through tax increment undesignated fund balance account number 511-2501 and appropria- tions in the amount of 6,500 will be established in account number 511-409-500-598-3852 (Marina Way Storm Drain). r 1 RECOMMENDATION STAFF RECOMMENDATION .t t- Resolution c,.e or -•A'D N/A, . TTACHMENTS (Listed Below) Resolution RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FUNDS IN THE NOT -TO -EXCEED AMOUNT OF $6,500 FROM THE TAX INCREMENT UNDESIGNATED FUND BALANCE TO THE MARINA WAY STORM DRAIN ACCOUNT FOR THE INSTALLATION OF A STORM DRAIN ON MARINA WAY WHEREAS, as part of the Disposition and Development Agreement with Marina Gateway Development Company, LLC, and Sycuan Tribal Development Corporation, the City is responsible for the installation of a storm drain on Marina Way; and WHEREAS, appropriation of funds in the not -to -exceed amount of $6,500 from Tax Increment Undesignated Fund Balance Account No. 511-2501 to the Marina Way Storm Drain Account No. 511-409-500-598-3852 is necessary to accomplish the installation of the storm drain. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the following appropriation of funds: FROM: Account No. 522-2501 Tax Increment Undesignated Fund Balance TO: Account No. 511-409-500-598-3852 Marina Way Storm Drain TOTAL AMOUNT: Not -to -exceed $6,500.00 PASSED and ADOPTED this 21st day of October, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 21, 2008 AGENDA ITEM NO. 28 EM TITLE Request for direction to staff to issue a Request for Proposals/Qualifications to developers for a Transit Oriented Affordable Infill Housing project for the vicinity of the Public Works Center and Paradise Creek. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION On March 18, 2008 the City Council/CDC Board approved 13 points of direction regarding the Westside Specific Plan. Three points of direction (please see attached "Points of Direction") address development of a Transit Oriented infill affordable housing project integrating the Public Works yard and enhancements to Paradise Creek. As discovered during a recent public design process such a project will require considerable financial support likely beyond financial support available at a local level. The State of California will next accept applications from its Proposition 1 C Bonds program in February, 2009. This program provides millions of dollars in funding to eligible transit oriented projects with adequate densities of affordable housing to meet state thresholds. In order to be prepared to apply for these potentially significant grant funds, staff would like to recruit a qualified developer to refine and proceed to entitlements such an eligible project based on the ULI Technical Advisory Panel and recent Community Design Process. Environmental Review Not applicable. Financial Statement Only minimal advertising and delivery/postage charges will be incurred to issue an RFP/Q. Account No STAFF RECOMMENDATION Direct staff to prepare and issue an RFP/P. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 5b) Complete Westside Specific Plan and Comprehensive Implementation Strategy; 6c) Development Affordable Housing by leveraging affordable housing financing sources; ; 3e) Support Parks including Paradise Creek Education Park. J ATTACHMENTS 1. Points of Direction from 3-18-08 2. Prop 1C 2008 grant award listing Resolution No. ATTACHMENT 1 Points of Direction for the Westside Specific Plan (from City Council of March 18, 2008) 1. Draft a plan to allow building prototypes 1 & 2 within residential land use category. 2. Include existing residential structures west of Wilson Ave. as part of the residential land use category. 3. Draft plan to allow building prototypes 1, 2, & 3 within Mixed -use residential land use category. 4. Expand Mixed -use residential land use are to include properties along W. 18th St. 5. Draft plan to allow building prototype 4 along Civic Center Dr. 6. Incorporate ULI Technical Advisory Panel recommendations for TOD overlay 7. Focus on integrating pubic works yard into TOD development 8. Maximize aftbrdable housing along Paradise Creek while preserving/enhancing a healthy eco-system. 9. Provide flexible land uses up to 3 stories within the mixed -use non-residential and use category. 10. Create and study a "green light industrial/manufacturing" land use designation which requires some type of discretionary approval (CUP or PD overlay) 11. Adjust plan area boundary to not include the area with existing automotive commercial land uses along National City Blvd. and Mile of Cars Way. 12. Designate property east of Hoover as Mixed -use residential. 13. Consider all auto body/paint shops and other gross polluting uses to be unallowable uses throughout the plan area. rlupusiuuu il., rtwarus - uovernor HITw1u Jenwarrenegger rage 1cm4 ATTACHMENT 2 Office of the Governor FiFsNOLD THE PEOPLE'S GOVERNOR R Home About Arnold About Maria Newsroom Multimedia Issues Blog Interact Proposition 1C Awards PROPOSITIONS 1C & 46 AWARD LISTING FEBRUARY 20, 2008 Proposition 10 Awards Multifamily Housing Program — Supportive Housing Total Funds Awarded Project County Project City Project Name Sponsor - Name Total Amount of Awards Total Homes Alameda Oakland Ema P. Harris Court Resources for Community Development 3,164,004 35 Sacramento Sacramento Mutual Housing at the Highlands Sacramento Mutual Housing Association 6,743,650 90 Ventura Ventura El Patio Hotel People's Self Help Corporation 2,142,136 43 Los Angeles Los Angeles New Carver Apartments Skid Row Housing Trust 7,988,244 97 Los Angeles7,985,142 Los Angeles Downtown Women's Center Downtown Women's Center 72 Total _ $28,023,176 337 Multifamily Housing Program — Homeless Youth Total Funds Awarded Project County Project City Project Name Sponsor - Name Total Amount of Awards Total Homes Los Angeles Los Angeles 36th Street Apartments Little Tokyo/Coalition for Responsible Communities 1,357,173 11 Total $1,357,173 11 PH( CI http://gov.ca.gov/fact-sheet/8817 10/7/2008 Proposition 1C Awards - Governor Arnold Schwarzenegger Page 2 of 4 Building Equity and Growth in Neighborhoods - BEGIN Total Funds Awarded Project County Project City Project Name Total Amount of Awards Total Homes Santa Clara San Jose Tamien Place 720,000 24 Santa Clara San Jose One East Julian 240,000 8 Santa Clara San Jose Tierra Encantada 360,000 12 Santa Clara San Jose Moden ice 1,200,000 40 Los Angeles Palmdale Palmdale Transit Village 2,200,000 74 Merced Merced Silverleaf 660,000 22 Sacramento Sacramento Evergreen 2,400,000 80 Sacramento Sacramento 2001 Del Paso 750,000 25 Kem Wasco Roses of Barcelona 3,600,000 120 Santa Clara San Jose San Carlos Townhomes 480,000 16 Stanislaus Ceres Dow Ranch I & II 600,000 20 Santa Cruz Capitola Citola Beach Villas, 240,000 8 San Bernardino Ontario Ontario Town Square Program 3,570,000 119 $17,020,000 568 Joe Serna Jr. Farmworker Housing Grant Program — Single Family Total Funds Awarded Project Counter Project City Project Name Sponsor - Name Total Amount of Awards Total Homes Kern Wasco The Roses of Barcelona 1,500,000 150 Fresno Visalia SHE Rehab Project 500,000 10 Monterey San Lucas Valley View Subdivision 800,000 33 Riverside Riverside Mobile Home Tenant Assistance Loan 1,500,000 100 Total $4,300,000 293 Total Amount of Awards Total Homes Grand Total ALL Proposition 1C Funds Awarded $50,700,349 1,211 Proposition 46 Awards Governor's Homeless Initiative Total Funds Awarded Project County Project City Project Name Sponsor - Name Total Amount of Awards Total Homes Los Angeles Los Angeles Winston Hotel SRO Housing Corporation 4,888,040 41 http://gov.ca.gov/fact-sheet/8817 10/7/2008 Proposition 1C Awards - Governor Arnold Schwarzenegger Page 3 of 4 San Diego San Diego he Cove Apartments The Association for Community Housing 2,357,955 20 Total $7,245,995 61 Downtown Rebound Program Total Funds Awarded Project County Project City Project Name Sponsor - Name Total Amount of Awards Total Homes San Mateo Colma Trestle Glen BRIDGE Housing Corporation 10,000,000 119 San Diego San Diego Ten Fifty B Apartments Affirmed Housing Group 2,000,000 Total _ $12,000,000 119 CalHome Program Self -Help Housing Technical Assistance Allocation Total Funds Awarded Project County Project City Project Name Sponsor - Name Total Amount of Awards Total Homes Kem Bakersfield Habitat for Humanity- Golden Empire 96,630 5 Contra Costa Bay Point Habitat for Humanity East Bay 200,000 9 Fresno Fresno Habitat for Humanity Fresno 180,000 9 Glenn Orland Community Housing Improvement Program 63,000 10 Shasta Redding Community Housing Improvement Program 132,300 21 Kem Bakersfield Self -Help Enterprises 400,000 21 Stanislaus Turlock Self -Help Enterprises 200,000 11 Alameda Oakland Habitat for Humanity East Bay 300,000 22 Santa Clara Gilroy South County Housing Corporation 300,000 18 Sonoma Sebastopol Burbank Housing Development Corporation 424,573 34 Yuba Linda Mercy Housing Califomia 300,000 30 Sacramento Sacramento Mercy Housing California 220,000 22 San Mateo Redwood City Peninsula Habitat for Humanity 195,000 8 TOTAL: $3,011,503 220 i 1 http://gov.ca.gov/fact-sheet/8817 10/7/2008 Proposition 1C Awards - Governor Arnold Schwarzenegger Page 4 of 4 Total Amount of Awards Total Homes Grand Total ALL Prop 46 Funds Awarded $22,257,498 400 Total Awards Total Homes Grand Total ALL Funds Awarded Today $72,957,847 1,611 _ Text Version I Emait the Governor Email Alerts I Internship Program I Technical Contact 1 RSS Feeds I Site Map I Privacy.Policy I conditions of Use CA Slat? Homeps'ge © 2008 State of California http://gov.ca.gov/fact-sheet/8817 10/7/2008 ITEM #29 10/21/08 Halloween Safety Plan - Fire -