HomeMy WebLinkAbout2008 12-02 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council /
Community Development Commission of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday — December 2, 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
CITY COUNCIL
BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2008.
1. Approval of the Minutes of the Regular City Council/Community Development Commission
Meeting of November 18, 2008. (City Clerk)
2. Resolution reciting the fact of the General Municipal Election held on November 4, 2008
declaring the result and such other matters as provided by law. (City Clerk)
Council Requests That All CeII 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
12/2/08- Page 2
RECOGNITION OF OUTGOING ELECTED OFFICIALS
SWEARING IN OF NEWLY ELECTED CITY COUNCIL, CITY CLERK, AND
CITY TREASURER
RECESS (15 MIN.)
ROLL CALL
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 audiGfonos estan disponibles en el pasillo al principio de la junta.
3. Selection of Vice -Mayor (City Attorney)
PRESENTATION
4. Report: Section 8 Rental Assistance Program. (CDC — Section 8 Rental
Assistance Division)
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.
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
12/2/08- Page 3
CONSENT CALENDAR (Cont.)
5. Approval of a motion to waive reading of the text of the Ordinances
considered at this meeting and provides that such Ordinances shall be
introduced and/or adopted after a reading of the title only. (City Clerk)
6. Resolution of the City Council of the City of National City authorizing the
City Engineer to approve installation of angle parking on the west side of "A"
Avenue between E. 7th Street and E. 9th Street to increase available parking
on both blocks. (TSC Item No. 2008-30) (Engineering)
7. Resolution of the City Council of the City of National City authorizing the
City Engineer to approve installation of red curb "no parking" for school bus
loading and conversion of existing 24-hour passenger loading zone to time -
restricted passenger loading on Lanoitan Avenue, adjacent to Lincoln Acres
School. (TSC Item No. 2008-26) (Engineering)
8. Resolution of the City Council of the City of National City authorizing the
City Engineer to approve installation of red curb "no parking" for school bus
loading on E. 20th Street, adjacent to Granger Junior High School. (TSC
Item No. 2008-27) (Engineering)
9. Resolution of the City Council of the City of National City authorizing the
City Engineer to approve installation of red curb "no parking" in front of the
United Women's Medical Clinic located at 1611 Highland Avenue. (TSC
Item No. 2008-29) (Engineering)
10. Resolution of the City Council of the City of National City authorizing the
City Engineer to approve installation of "Keep Clear" striping in front of the
driveway to Family House of Pancakes located at 1900 E. Plaza Boulevard.
(TSC Item No. 2008-28) (Engineering)
11. Resolution of the City Council of the City of National City approving an
application for grant funds for the California River Parkways Grant Programs
under the Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 in the amount of $2,354,842
for the purpose of construction of Paradise Creek Park improvements and
habitat restoration. (Planning)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
12/2108- Page 4
CONSENT CALENDAR (Cont.)
12. Resolution of the City Council of the City of National City approving 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.
(Planning)
13. Resolution of the City Council of the City of National City approving a
Conditional Use Permit to reconfigure previously approved parking and
open space for a duplex behind an existing home at 720 I Avenue.
(Planning)
14. Resolution of the City Council of the City of National City approving the
extension of the First 5 for Parents grant (Contract #515385 — First 5
Commission of San Diego) in the amount of $128,265.00 for FY 2009-2010.
(Library)
15. Resolution of the City Council of the City of National City approving an
amended Section 11 of the City of National City Employers -Employee
Relations Policy pertaining to impasse procedures. (City Attorney)
16. Resolution of the City Council of the City of National City authorizing the
Mayor to execute an Authorization to Order under the State of California
CALNET II contract with AT&T Global Services, Inc. for telecommunications
(local/long distance telephone, data) service and products. (MIS)
17. Resolution of the City Council of the City of National City amending the
current City Council Policy Number 110 Titled "Display of Flags" policy -line
4 and line 4 section (d). (Public Works)
18. Resolution of the City Council of the City of National City adopting a
Records Retention Schedule Manual authorizing destruction of certain City
records in conformance with State statutes. (City Clerk)
19. Resolution of the City Council of the City of National City approving an
Agreement with Iron Mountain, Inc. for the storage of vital City records and
documents. (City Clerk)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
12/2/08- Page 5
CONSENT CALENDAR (Cont.)
20. WARRANT REGISTER #19
Warrant Register #19 for the period of 10/29/08 through 11/04/08 in the
amount of $1,500,453.97. (Finance)
21. WARRANT REGISTER #20
Warrant Register #20 for the period of 11/05/08 through 11/11/08 in the
amount of $565,188.81. (Finance)
PUBLIC HEARINGS
22. Continued Public Hearing — Modification of Conditions of Approval for a
previously approved five lot subdivision map to waive undergrounding
existing utilities at 940 East 16th Street. (Applicant: Janice Martinelli) (Case
File No. 2008-31 M1, (2007-15 S) (Planning) **Continued from Council
Meeting of Nov. 18, 2008**
23. Public Hearing — Fiscal Year 2008-2009 Supplemental Funding Cycle for
the CDBG Program — Public Hearing #4. (Community Development/
Housing and Grants Division)
ORDINANCES FOR INTRODUCTION
24. An Ordinance of the City Council of the City of National City establishing the
compensation of the Mayor and City Council. (City Attorney)
25. An Ordinance of the City Council of the City of National City amending Title
1 of the National City Municipal Code by amending Chapter 1.24, Section
1.24.010 of the City's "Holidays Named" Ordinance by adding certain
holidays, deleting unnecessary dates, and clarifying the language. (City
Attorney)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
1212/08- Page 6
ORDINANCES FOR INTRODUCTION (Cont.)
26. An Ordinance of the City Council of the City of National City amending Title
2 of the National City Municipal Code by amending Chapter 2.04, Section
2.04.020 "Dispensing with Meetings" by providing greater specificity to the
provision that the City Council does not meet on an election day. (City
Attorney)
NON CONSENT RESOLUTIONS
27. Resolution of the City Council of the City of National City approving the
Fiscal year (FY) 2008-2009 Annual Action Plan Amendment #1 for the
Community Development Block Grant (CDBG) and Home Investment
Partnership Act (HOME) Programs. (Community Development/Housing and
Grants -Division)
28. Resolution of the City Council of the City of National City authorizing the
Amendment of the Regional Transportation Improvement Program (RTIP) to
close out appropriations in the amount of $628,880 from CIP Number 6033
and allocate to CIP Number 6035 (Proposition A Funds). (Finance)
NEW BUSINESS
29. Lease between the City of National City and the Boys' and Girls' Club of
National City of City property located at 1430 "D" Avenue and 1521 "C"
Avenue. (City Attorney)
30. Notice of Decision — Planning Commission approval of a Conditional Use
permit for the construction of a day care center at the southwest corner of
Highland Avenue and Division Street. (Applicant: Ricardo Perez) (Case
File 2008-27 CUP) (Planning)
31. Temporary Use Permit — Christmas at Morgan Square hosted by the
Community Services Department on December 5, 2008 at Morgan Square
between 9th Street and National City Blvd. (Neighborhood Services)
32. Temporary Use Permit — Feria de Salud — Por Tu Familia hosted by the
American Diabetes Association on March 7, 2009 at Kimball Park with no
waiver of fees. (Neighborhood Services)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
12/2/08- Page 7
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
33. Authorize the reimbursement of CDC expenditures in the amount of
$40,404.68 to the City of National City for the period of 10/29/08 through
11/04/08. (Finance)
34. Authorize the reimbursement of CDC expenditures in the amount of
$111,503.06 to the City of National City for the period of 11/05/08 through
11 /11 /08. (Finance)
35. Resolution of the Community Development Commission of the City of
National City (CDC) authorizing the Chairman to execute an Agreement in
the amount of $7,500 per month between the CDC and Husk Partners, Inc.
to provide governmental affairs, political strategies, economic development,
public and media relations, planning and marketing and legislative advocacy
consulting services. (City Attorney)
NEW BUSINESS
STAFF REPORTS
36. Staff Report — November 13th Golden Guardian 2008 Earthquake Exercise.
(Fire)
MAYOR AND CITY COUNCIL
ADJOURNMENT
Next Regular City Council and Community Development Commission
Meeting - Tuesday — December 16, 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
12/2/08
Approval of the Minutes of the Regular City Council/Community
Development Commission Meeting of November 18, 2008
(City Clerk)
City of National City, California
COUNCIL AGENDA STATEMENT
"MEETING DATE December 2, 2008
AGENDA ITEM NO. 2
ITEM TITLE
RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 4, 2008, DECLARING THE RESULT AND SUCH OTHER
MATTERS AS PROVIDED BY LAW.
PREPARED BY Michael R. Della' DEPARTMENT City Clerk EXT.
EXPLANATION
Once the Registrar of Voters has canvassed the election and provided an
"Official Canvass" of the returns to.the City Clerk, the Council must meet and
adopt a Resolution to "Declare Results" pursuant to California Election Code
15400, incorporating the "Official Canvass" into the Resolution as "Exhibit A".
NOTE: OFFICIAL CERTFICATION BY THE REGISTRAR OF VOTERS
WILL NOT OCCUR UNTIL AFTER PREPARATION OF THE AGENDA.
THIS ITEM WILL BE DISTRIBUTED UNDER SEPARATE COVER AS
SOON AS IT IS AVAILABLE.
J
Environmental Review XX N/A
(Financial Statement
None
MIS Approval
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below
1. Resolution
2. Certified "Official Canvass" from the Registrar of Voters
Resolution No.
A-200 (Rev. 7/03)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008,
DECLARING THE RESULT, AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
National City, California, on Tuesday, November 4, 2008, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as
provided by law; voting precincts were properly established; election officers were appointed
and in all respects the election was held and conducted and the votes were cast, received and
canvassed and the returns made and declared in time, form and manner as required by the
provisions of the Elections Code of the State of California for the holding of elections in general
law cities; and
WHEREAS, pursuant to Resolution No. 2008-116 adopted on June 17, 2008,
the San Diego County Registrar of Voters canvassed the returns of the election and has
certified the results to this City Council, the results are received, attached and made a part
hereof as Exhibit "A"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the City, except absent voter
ballots, was
That the whole number of absent voter ballots cast in the City was
making a total of ballots cast in the City.
SECTION 2. That as a result of the election, a majority of the voters voting on the
measure relating to the repeal of the National City Sales Tax Issue (Proposition M) did vote against
it.
That the names of persons voted for at the election for City Council are as follows:
ROSALIE ZARATE
ALEJANDRA SOTELO-SOLIS
MONA ALVARADO-RIOS
DITAS YAMANE
FRANK LOPEZ
FIDELES UNGAB
BILL GOULET
That the names of the persons voted for at the election for City Treasurer are as follows;
R. MITCHEL BEAUCHAMP
JOHN KIRK
DARRYL GORHAM
Resolution No. 2008 —
December 2, 2008
Page 2
That the names of the persons voted for at the election for City Clerk are as follows;
MICHAEL DALLA
SECTION 4. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for which the
persons were candidates were listed in Exhibit "A", attached.
SECTION 5. The City Council does declare and determine that:
Rosalie Zarate was elected as a Member of the City Council for the full term of
four years; and
Alejandra Sotelo-Solis was elected as a Member of the City Council for the full
term of four years; and
years; and
R. Mitchel Beauchamp was elected as City Treasurer for the full term of four
Michael Dalla was elected as City Clerk for the full term of four years.
SECTION 6. That the City Clerk shall enter on the records of the City Council of the
City, a statement of result of the election showing:
(a) The whole number of votes cast in the City;
(b) The names of the persons voted for;
(c) For what office each person was voted for;
(d) The number of votes given at each precinct to each person; and
(e) The total number of votes given in the city to each person.
SECTION 7. That the City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the
City Clerk shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California, and shall have them subscribe to it and file it in the Office
of the City Clerk.
Each and all of the persons so elected shall then be inducted into the respective office to
which they have been elected.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
--- Signature Page to Follow ---
Resolution No. 2008 —
December 2, 2008
Page 3
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, I11
City Attorney
THIRD UPDATE
EXHIBIT "A"
ELECTION RESULTS
CITY OF NATIONAL CITY
November 4, 2008
City Council / Treasurer / Clerk
Ballot Measure - Proposition `M'
These results are Unofficial — Updated 11-14-08 at 4:50 pm
(An estimated 45,000 provisional and absentee ballots remain to be counted Countywide
Total Precincts: 21
Precincts Counted: 21
Registered Voters: 17232
CITY COUNCIL (vote for two) Vote
• Rosalie Zarate 3820 23.55
• Alejandra Sotelo-Solis 3055 18.84
• Mona Alvarado -Rios 2306 14.22
• Ditas Yamane 2253 13.89
• Frank Lopez 2059 12.69
• Fideles Ungab 1700 10.48
• Bill Goulet 1026 6.33
CITY TREASURER Vote
• R. Mitchel Beauchamp 3761 38.24
• John Kirk 3057 31.09
• Darryl Gorham 3016 30.67
CITY CLERK Vote
• Michael Dalla 9223
BALLOT MEASURE YES Vote
• Repeal of Sales Tax 4475
(Proposition `M')
42.47
NO Vote
6062
/0
57.53.1.0
City of National City, California
CITY COUNCIL AGENDA STATEMENT
'MEETING DATE December 2, 2008 AGENDA ITEM NO.
3
ITEM TITLE
PREPARED BY
SELECTION OF VICE -MAYOR
George H. Eiser, III d J~
(Ext. 4221) '
DEPARTMENT
City Attorney
EXPLANATION
Appearing on the City Council agenda for the meeting of December 2, 2008, is a resolution
declaring the results of the General Municipal Election held on November 4, 2008.
In a general law city such as National City, the California Government Code, at Section
36801, provides that at the meeting at which the declaration of results for a general municipal
election is made, the city council shall, following the declaration of the election results and installation
of elected officials, choose one of its members as mayor pro tempore (referred to in National City as
the vice -mayor).
Government Code Section 36802 provides that the mayor shall preside at the meetings of the
council; that if the Mayor is absent or unable to act, the mayor pro tempore shall serve until the
mayor returns or is able to act; and that the mayor pro tempore has all of the powers and duties of
the mayor.
In addition to these Government Code sections, Policy No. 602 of the City Council Policy
Manual sets forth certain duties of the vice -mayor pertaining to the City Council clerical staff. A copy
of Policy No. 602 is attached.
The selection of the vice -mayor may be accomplished by approval of a motion.
Environmental Review I N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Select Vice -Mayor.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
City Council Policy No. 602
A-200 (9/99)
CITY COUNCIL POLICY
TITLE: CITY COUNCIL CLERICAL STAFF
POLICY
NUMBER:. 602
ADOPTED : AUGUST 20, 1985 AMENDED OR
(AND) •
JANUARY 21, 1986 REVISED:
Purpose
To establish guidelines for the evaluation or replacement of the
Secretary and the Executive Assistant to the Mayor, City Council and
City Attorney.
Policy
It shall be the responsibility of the Vice Mayor, with input from the
City Council, to coordinate the performance evaluation or
replacement of the Secretary and the Executive Assistant to the
Mayor, City Council and City Attorney. The Vice Mayor shall make
recommendations on performance, pay increases, and the need for
temporary assistance in case of absence.
If the Secretary or the Executive Assistant is to be absent from the
work place for such a time as to affect the operation of the office,
the Vice Mayor will initiate the proper paperwork and procedures for
a replacement. The procedures for non -permanent appointments as
established by the Personnel Department dated April 1, 1985
(attached), will be adhered to and any person selected as a
replacement will first be approved by the City Council as a whole.
The Vice Mayor will also be responsible for the timely review and
evaluation of the Secretary and the Executive Assistant's performance
annually. The City Council as a whole shall be involved in the
annual performance evaluation with their input solicited by the Vice
Mayor who will coordinate this function.
Related Policy Procedures
None
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE DECEMBER 2, 2008
AGENDA ITEM NO.
4
i
ITEM TITLE REPORT: Section 8 Rental Assistance Program
PREPARED BY I
Hermi Oliveria (,
Housing Programs Manager
(Ext. 4259)
EXPLANATION
Refer to Staff Recommendation Below.
DEPARTMENT
CDC - Section 8 Rental Assistance Division
Environmental Review J N/A
Financial Statement N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
1. ACCEPT and file report
BOARD / COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS ( Listed Below )
1. Background Report
2. Final Score Letter from U.S. Dept. of HUD
Resolution No.
Attachment # 1
Community Development Commission
Of the City of National City
December 2, 2008
AGENDA ITEM NO. _
Background Report:
On September 10, 1998, the U.S. Department of Housing and Urban Development
(HUD) published its final rule for the Section 8 Management Assessment Program
(SEMAP), which took effect on October 13, 1998. SEMAP provides for the objective
measurement of the performance of a public housing agency (PHA) in key areas of the
Section 8 tenant based assistance program. SEMAP enables HUD to ensure program
integrity and accountability identifying PHA management capabilities and deficiencies
and by improving risk assessment to effectively target monitoring and program
assistance. PHAs' can use SEMAP performance analysis to assess their own program
operations.
The SEMAP Indicators Report provides information on families participating in the
Section 8 Housing Choice Voucher Program. The report is one of the several inputs
used to derive a score and rating for PHAs as it relates to SEMAP certification. The
SEMAP requires a PHA who administers Section 8 tenant -based assistance programs
to submit annually a SEMAP certification form.
On July 9, 2008 the Community Development Commission of National City (CDC)
submitted its SEMAP certification report to HUD. HUD approved the certification and
CDC received a perfect score of 100 achieving a high performance rating.
Attachment # 2
RECEIVED NOV 1 0 2000
,f,"'"r
�� s
�
IILII� I *�'
x'L9C f gypo .'2 1 2008
Mr. Chris Zapata
Executive Director
Housing Authority of the City of National City
140 E. 12th St. Suite "13"
National City, CA 91950
Dear Mr. Zapata:
U.S. Department of Housing and Urban Development
Office of Public Housing
Leis Angeles Pisld Office, Region LX
611 W. 6th Street, Suite 1040
Las Angeles, CA 90017
"Thank you for completing your Section 8 Management Assessment Program (SEMAP)
certification for the Housing Authority of the City of National City. We appreciate your time
and attention to the SEMAP assessment process. SEMAP enables HUD to better manage the
Section 8 tenant -based program by identifying PHA capabilities and deficiencies related to the
administration of the Section 8 program. As a result, HUD will be able to provide more effective
program assistance to PiIAs.
The PHA's final SEMAP score for the fiscal year ended 6/30/2008 is 100. The following are
your scores on each indicator:
Indicator 1 Selection from Waiting List (24 CFR 982.54(d)(1) and 982.204(a)) 15
Indicator 2 Reasonable Rent (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 20
982.507)
Indicator 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 20
CFR 982.516)
Indicator 4 Utility Allowance Schedule (24 CFR 982.517) 5
Indicator 5 HQS Quality Control (24 CFR 982.405(b)) 5
Indicator 6 HQS Enforcement (24-CFR 982.404) 10
Indicator 7 Expanding Housing Opportunities 5
Indicator 8 Payment Standards(24 CFR 982.503) 5
Indicator 9 Timely Annual Reexaminations(24 CFR 5.617) 10
Indicator 10 Correct Tenant Rent Calculations(24 CFR 982, Subpart K) 5
Indicator i i Pre -Contract riQS Inspections(24 CFR 982.305) 5
Indicator 12 Annual HQS Inspections(24 CFR 982.405(a)) 10
Indicator 13 Lease -Up 20
Indicator 14 Family Self -Sufficiency (24 CFR 984.105 and 984.305) 10
Indicator 15 Deconcentration Bonus 0
Thank you for your cooperation with the SEMAP process. Your overall performance rating is
High.
If you have any questions regarding this matter, please contact Mr. Theodore W. Skonos, Public
Ilousing Revitalization Specialist, at (213) 534-2614
Sincerely,
K.J. Hrockington
Iiub Director
Office of Public Ilousing
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
To: Honorable Mayor and Council
From: Michael R. Dalla, City Clerk
Subject: Ordinance Introduction and Adoption
ITEM #5
12/2/08
It is recommended that the City Council approve the following motion as part of
the Consent Calendar:
"That the City Council waive reading of the text of all
Ordinances considered at this meeting and provide that such
Ordinances shall be introduced and/or adopted after a
reading of only the title."
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
ti,�,...IEETING DATE December 2, 2008
AGENDA ITEM NO.
6
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of angle parking on the west side of "A" Avenue between E. 7th Street and E. 9`h Street to
increase available parking on both blocks (TSC Item No. 2008-30)
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolutio
BOARD / COMMISSION RECOMM . ' ATION
At their meeting on November 12, 2008 the Traffic Safety Committee approved the staff recommendation
to install angle parking on the west side of "A" Avenue between E. 7th Street and E. 9th Street to increase
available parking on both blocks.
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Staff Report to the Traffic Safety Committee (November 12, 2008)
A-200 (Rev. 7/03)
Explanation
Ms. Patty Finnegan, owner of Niederfranks's Ice Creams, and other business owners on the
700 block of "A" Avenue signed a petition to relocate existing angle parking from the east side
of the street to the west side in order to create more parking. Staff performed a parking study
on behalf of the business owners and determined that by relocating the angle parking to the
west side of the street 2 additional parking spaces would be available on the block. This is
due to the lack of driveway curb cuts on the west side of the street versus the east side.
Staff also evaluated converting parallel parking to angle parking for the 800 block of "A"
Avenue, west side of the street. The parking study indicates a net gain of 2 parking spaces.
As part of a "pilot program" staff evaluated installing the parking stalls as reverse (back -in)
angle parking. Studies have shown safety benefits as compared to traditional angled parking
since drivers have improved visibility when exiting the parking stall. In addition, the maneuver
is Tess complicated than parallel parking. Reverse angle parking also provides easier access
for loading/unloading the trunk of a vehicle, which is positioned at the sidewalk rather than in
the street. Several cities in California have implemented reverse angle parking, including the
City of Solana Beach.
Upon further review it was determined that these two blocks on "A" Avenue were not suitable
for reverse angle parking due to insufficient roadway width and the proximity of street lights
and bollards to the curb.
Staff recommends installation of angle parking on the west side of "A" Avenue between E. 7th
Street and E. 9th Street to increase available parking on both blocks..
Striping for the 700 block of "A" Avenue will be installed by the striping contractor for the City's
Street Resurfacing Project.
Striping for the 800 block of "A" Avenue will be installed by the City Public Works Department
as this block was not included as part of the City's Street Resurfacing Project.
TSC 2008-30
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY ENGINEER TO RELOCATE ANGLE PARKING
FROM THE EAST SIDE TO THE WEST SIDE OF "A" AVENUE
BETWEEN EAST 7TH STREET AND EAST 9TH STREET
TO INCREASE AVAILABLE PARKING ON BOTH BLOCKS
WHEREAS, Ms. Patty Finnegan, owner of Niederfrank's Ice Cream, and other
business owners on the 700 block of "A" Avenue, signed a petition to relocate existing angle
parking from the east side of the street to the west side to create more parking; and
WHEREAS, a Parking Study indicated that angle parking on the 700 block of "A"
Avenue would provide two additional parking spaces. It also indicated that angle parking on the
west side of the 800 block of "A" Avenue would provide an additional two parking spaces; and
WHEREAS, at its meeting on August 10, 2005, the Traffic Safety Committee
approved the installation of angle parking on the west side of "A" Avenue between East 7'h
Street and East 9th Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City Engineer is authorized to relocate angle parking from the east side to
the west side of "A" Avenue between East 7th Street and East 9th Street.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ITEM TITLE:
ri
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 12, 2008
ITEM NO. 2008-30
REQUEST FOR INSTALLATION OF ANGLE PARKING ON THE
WEST SIDE OF "A" AVENUE BETWEEN E. 7T" STREET AND
E. 9TH STREET (BY: P. FINNEGAN)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Ms. Patty Finnegan, owner of Niederfranks's Ice Creams, and other business owners on
the 700 block of "A" Avenue signed a petition to relocate existing angle parking from the
east side of the street to the west side in order to create more parking. Staff performed
a parking study on behalf of the business owners and determined that by relocating the
angle parking to the west side of the street 2 additional parking spaces would be
available on the block. This is due to the lack of driveway curb cuts on the west side of
the street versus the east side.
Staff also evaluated converting parallel parking to angle parking for the 800 block of "A"
Avenue, west side of the street. The parking study indicates a net gain of 2 parking
spaces.
As part of a "pilot program" staff is recommending installing the parking stalls as reverse
(back -in) angle parking. Studies have shown safety benefits as compared to traditional
angled parking (see attachment) since drivers have improved visibility when exiting the
parking stall. In addition, the maneuver is Tess complicated than parallel parking.
Reverse angle parking also provides easier access for loading/unloading the trunk of a
vehicle, which is positioned at the sidewalk rather than in the street. Several cities in
California have implemented reverse angle parking, including the City of Solana Beach
(see attached photos).
STAFF RECOMMENDATION:
Staff recommends the following:
1) Install angle parking on the west side of "A" Avenue between E. 7"' Street and E.
9th Street to increase available parking on both Mocks.
2) Install parking as reverse (back -in) angle parking as part of a "pilot program" to
evaluate safety benefits and public response.
3) Install custom signs to inform drivers how to maneuver into the parking stalls
(see attached sign specification).
EXHIBITS:
1. Correspondence
2. Location Map
3. Photos
4. Background Information
2008-30
9-
To: Patty Finnegan, President of Morgan Square District
Ms. Finnegan,
Per your request, we calculated a net gain of 2 parking spaces if angled parking is striped on
the west side of "A" Avenue and parallel parking is provided on the east side.
Parking Survey - "A" Ave. between 7" St. and 8th St.
1) Existing parking inventory prior to street resurfacing:
r� West side of street = 11 parallel spaces
0 East side of street = 10 angle + 1 parallel = 11 spaces
Total = 22 spaces
2) Request by Ms. Finnegan to provide angle parking on west side of street
0 West side of street = 17 angle spaces
o East side of street = 7 parallel spaces
o Total = 24 spaces
3) Net gain based on Ms. Finnegan's request = 2 parking spaces for the block.
J
C V 1
Thank you.
44(
(' /721 c> (7 '; 6)
ALPINE EUROPARTS, INC.
Vee Parts & Accessories
704'A' Avenue
Na9onal Clly, CA 91950
if-
F,F,ONG e . i
tional City, CA 91950
7Z,1 'A" Avenue' 414-5122
Tel. (619) 4/4-1853 Fax(619)
t t'Ak ice((c
1 1 5
I.111ra!43.,
I Vir"
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Location Map
. (.,;# A • r:
Reverse angle parking on S. Sierra Avenue, Solana Beach (looking north)
Reverse angle parking sign on S. Sierra Avenue, Solana Reach (looking west)
lo
.11.....4**".•••••••
Neison\N
78ygaard Consulting Associates
5 Market Street, Suite 1300
San Francisco, CA 94103
January 200S
Back-in/Head-out Angle Parking
Table of Contents
PAGE
Introduction 1
Some examples 1
Advantages 4
Bicyclists 4
Visibility 5
Steep terrain 5
Disabled parking 5
Safety 6
Cities using back-in/head-out angle parking 6
Typical dimensions 7
References 8
Appendix A Nawn, J.A. (2003) Central Business District Back In Angle Parking. PE
Reporter, November/December Issue, P. 11-13.
Appendix B City Of Pottstown (2001) Proposed High -Street Traffic Calming Plan.
Appendix C City Of Vancouver (2004) Angle Back In Parking Striping.
Appendix D City Of Seattle (2005) Angle Back In Parking Dimensions.
Table of Figures
PAGE
Figure 1 Back-in/I lead -out parking in 1 ucsun, At. 2
Figure 2 With beck -in angle parking you can load your car on the curb, rather than in
the street (Vancouver, WA). 2
Figure 3 An 'eye -to -eye' line of sight between parker and approaching road -user
(Vancouver, WA). 3
Figure -1 1 he parker's view of the on -coming traffic (Vancouver, WA). 3
Figure 5 A traffic sign showing the three steps of back -in angle parking, in Kelowna,
BC, Canada. 4
I igure 6 ;A disabled parking stall located right next to the pedestrian crossing and the
curb ramp 5
Figure 7 Cities using back-in/head-out angle parking. 6
Figure f3 Cross-section of a roadway accommodating both bike lanes and back-in/head-
out angle parking 7
Page i • Nelson\Nygaard Consulting Associates
Back-in/Head-out Angle Parking
Introduction
In recent years the use of back-in/head-out angle parking has increased steadily in cities
across North America. There are several reasons for this development. Kulash and
l ockwood (2003) state that:
"Back-in/head-out diagonal parking is superior to conventional head-in/back-out diagonal
parking. 13oth types of diagonal parking have common dimensions, but the back-in/head-
out is superior for safety reasons due to better visibility when leaving. This is particularly
important on busy streets or where drivers find their views blocked by large vehicles, tinged
windows, etc., in adjacent vehicles in the case of head-in/back-out angled parking. In other
words, drivers do not back blindly into an active traffic lane. Ube back -in maneuver is
simpler than a parallel parking maneuver. Furthermore, with back-in/head-out parking, the
open doors of the vehicle block pedestrian access to the travel lane and guide pedestrians
to the sidewalk, which is a safety benefit, particularly for children. I urther, back-in/head-
out parking puts most cargo loading (into trunks, tailgates) on the curb, rather than in the
street."
1 he growing presence on American streets of sport utility vehicles (SUVs), with their bulky
rear ends and (frequently) tinted windows may have spurred the trend toward hack-
in/head-out angle parking: when using conventional angle parking, drivers increasingly find
themselves beside an Sl1V, with more difficult sightlines_
This report briefly discusses the design and benefits of back-in/head-out angle parking and
shows where the design has already been implemented.
Some examples
In Tucson, At, two blocks of reverse diagonal parking have been installed along the
University Boulevard Bikeway (see Figure I), which leads into the west entrance of the
University of Arizona ( 36,000 students). In the two years of reverse diagonal parking,
there have been no accidents along the segment, despite the large number of cyclists using
the bikeway.
Figures 2-4 illustrate some of the benefits of back-in/head-out angle parking. In Figure 2 the
driver is able access her trunk from the curb rather than from the street. Figures 3 and 4
show that the driver can have eye contact with oncoming traffic, in this case a bicyclist.
1 figure 5 shows typical signage used to introduce drivers to back-in/head-out angle parking.
For m(.)re examples on back-in/head-out angle parking, see Appendices A and B.
Page 1 • Nelson\Nygaard Consulting Associates
Back-in/Head-out Angle Parking
Figure 1
Back-in/Head-out parking in Tucson, AZ. la"
Source: T. Boulanger, Transportation Services, City of Vancouver, WA.
Figure 2 With back -in angle parking you can load your car on the
curb, rather than in the street (Vancouver, WA).
Source: T. Boulanger, Transportation Services, City of Vancouver. WA.
•
Page 2 • Nelsonktlygaard Consulting Associates
Back-in/Head-out Angle Parking
Figure 3 An `eye -to -eye' line of sight between parker and
approaching road -user (Vancouver, WA).
WAN' 15-
Source: T. Boulanger, Transportation Services, City of Vancouver, WA.
Figure 4 The parker's view of the on -coming traffic (Vancouver,
WA).
Source: T. Boulanger, Transportation Services, City of Vancouver, WA.
Page 3 • NelsonlNygaard Consulting Associates
I/
Back-in/Head-out Angle Parking
Figure 5 A traffic sign showing the three steps of back -in angle
parking, in Kelowna, BC, Canada.
. 1 'AII ff
2
4
Source: City of Kelowna, British Columbia, Canada.
Advantages
n)
Back-in/head-out angle parking is similar to both parallel and standard angle parking. As
with parallel parking, the driver enters the stall by stopping and backing, but need not
maneuver the front of the vehicle against the curb. When leaving the stall, the driver can
simply pull out of the stall, and has a better view of the oncoming traffic.
Bicyclists
This type of parking provides a safer environment for bicyclists using the roadways. The
driver is able to see the cyclist easily when exiting the stall. Several cities where back -in
angle parking has been implemented have seen a reduction in number of accidents
compared to the number of accidents at regular parallel parking schemes. Matt loll at
Page 4 • Nelson\Nygaard Consulting Associates
Back-in/Head-out Angle Parking
Tucson -Puna County Bicycle Advisory Committee says that after implementing the back-
in/head-out angle parking scheme in Tucson they "went from an average of 3-4 hike/car
accidents per month to no reported accidents for 4 years following implementation."
Visibility
In contrast to standard angle parking the visibility while exiting a back-in/head-out angle
parking into traffic is much improved. When the driver is backing up (into the stall), the
driver is in control of his lane: traffic behind either waits, or changes lanes.
Steep terrain
Back -in angle parking can also be useful on steep terrain: if used on the correct side of the
street, it causes drivers to automatically curb their wheels, which in turn prevents runaway
autos. Used on the wrong side of a steep street, however, it is likely to cause more
runaways.
Disabled parking
In Pottstown, PE, a 13-foot wide handicap accessible stall has been incorporated into the
angle parking as the last space, intersection nearside, of each block. This places each
disabled parking stall close to the existing curb ramps, and allows the wheelchair -using
drivers to unload out of the way of traffic (see Figure 6). By contrast, the street's previous
parallel parking arrangement could not be safely used for disabled parking, and
conventional angle parking raised safety concerns for the street's proposed bicycle lanes.
Figure 6 A disabled parking stall located right next to the
pedestrian crossing and the curb ramp.
ack-in/angle t rkinq 5t`jlls/
7L--)4
Page 5 • Nelson\Nygaard Consulting Associates
/3
Back-in/Head-out Angle Parking
Safety
As SIC 1 r,ins (2004) states, "one of the most common causes Of accidents is people backing
OW of standard angled parking without being able to see on -coming traffic. Reverse angled
parking removes this difficulty." It also improves safety for cyclists, and for loading/and
unloading the trunk of the car. Similarly, the Urban l rdn5;)ortdtiun Monitor's recent article
on back -in angle parking reported reduced accidents and benefits for bicyclists in several
communities. In all, back-in/head-out angle parking is a good choice when compared to
conventional head -in angle/back-out parking and parallel parking.
Cities using back-in/head-out angle
parking
1 he list of cities in North America that use back-in/head-out angle parking is growing.
Figure 7 lists some of these communities.
Figure 7 Cities using back-in/head-out angle parking.
City Source
Arlington, VI
Birmingham, Al
Burnaby, Canada
Charlotte, NC
Chico, (:A
Everett, \V1\
Honolulu, III
Indianapolis, IN
Knoxville, TN
Marquette, t\1I
Montreal, (artada
New York, NY
Olympia, \V. \
Plattsburgh, NY
Portland, ( )R
Pottstown P.\
Salem, OR
Salt Lake City, 1)1
San Francisco, (.A
Seattle, \'VA
I,tconia, \V1\
Iucson, A/ __.....
Vancouver, V\'A
Ventura, (A
Washington, I)(
Wilmington, E.)E
Dan Burden
Russ Soyring
Dan Burden
Dan Burden
Patrick Siegman
Michael M. Motile
Dan Burden
Michael M. Motile
Michael M. Mottle
Russ Soyring
Michael M. Motile
Dan Burden —_
Dan Burden
Dan Burden
Michael M. Moule
Michael M. Motile
load Boulanger
Dan Burden Michael M. Motile
Dan Burden _.
Dan Burden
Michael M. Moule
Todd Boulanger
Todd Boulanger
Dan Burden
Michael M. Motile
WalkableComnrunities, Inc.
City of Traverse City, MI
Walkable Communities, Inc.
Walkable Communities, Inc:
NeIson\Nygaard
Livable Streets, Inc
Walkable Communities, Inc.
Livable Streets, Inc
Livable Streets, Inc_
City of Traverse City, MI_
Livable Streets, Inc
Walkable Communities, Inc.
Walkable C.orninunities, Inc.
Walkable Communities, Inc.
l ivable Streets, Inc
ivable Streets, Inc
City of Vancouver, \N \
Walkable_ Communities, Inc..
Livable Streets, Inc _.__.
Walkable Communities, Inc.
Walkable (ontnUnities, Inc
l ivable Streets, Inc_
City of Vancouver, WA
City Vancouver, WA
Walkable Communities, Inc.
I ivaltk(' Sheets, Inc
Page 6 • NelsonlNygaard Consulting Associates
iy
Back-inlHead-out Angle Parking
Typical dimensions
Particularly when accommodating bike lanes within the roadway, back-in/head-out angle
parking is useful Figure 8 shows the cross-section of such a roadway in Pottstown, PA.
Appendix C and D shows Vancouver's, WA, and Seattle's, WA, choices of dimensions for
this type of parking.
Figure 8 Cross-section of a roadway accommodating both bike
lanes and back-in/head-out angle parking.
4
'd
Source: City of Pottstown 12001► Proposed High Street Traffic Calming Plan.
tia
z
Page 7 • Nelson\Nygaard Consulting Associates
Back-in/Head-out Angle Parking
References
City of Pottstown (2001) Proposed High Street traffic Calming Plan.
City of Pottstown (2004) Back In Angle as a Way to Improve Pedestrian Circulation in the
Central Business District High Street, Pottstown Borough, Montgomery County,
Pennsylvania, USA.
City of Vancouver, WA (2004) Angle Back In Parking Striping. Standard Plan Number T29-
62.
Kulash, W. M. and Lockwood, I.M. (2003) lime -saver .Standards for Urban Design, 7.2--5,
McGraw-Hill Professional, New York, New York.
Nawn, J. (2003) Central Business District Back In Angle Parking. November/December PE
Reporter, pages 1 1-13.
SI CTrans, Salt l ake City, UT (2004) I3ack-in or Reverse Angle Parking - FAQ.
http://www.slcgov.con/transportation/Ahoutus/FAQ.hlm.
Urban Transportation Monitor. Back -in Angle Parking. June 11, 2004, page 1.
Page 8 • Nelson\Nygaard Consulting Associates
3.25"
B AC K-I N ___3.00"
3.00"
PARKING __. 300"
3.00"
ONLY
3.00"
2.75"
3.00"
18"
JI
X
mmui+*
OPTION B
OR
+10► OPTION C
BACK -IN PARKING SIGN OPTION A
BACK -IN ONLY
ANGLE PARKING
rita
Lai
+ �I/
BACK -IN ANGLE PARKING SIGN
1'14
DATE
8Y
API*
TRANSPOR
1
3/06
RAW
AGE
APPROVED Or:
APPROVED DATE
3
15
2006
CITY or
VANCOUVER
..s11naio.
2.50"
3.00"
1.00"
2.00"
1.00"
2.00"
SEE ANGLE BACK -IN PARKING STRIPING ON
COV STD. PLAN T29-52A FOR LOCATIONS.
CITY OF VANCOUVER
ANGLE BACK -IN PARKING SIGNING
STANDARD PLAN
NUMBER
T29-52B
/7
City of National City, California
COUNCIL AGENDA STATEMENT
�,,AEETING DATE December 2, 2008
AGENDA ITEM NO.
7
(ITEM TITLE
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of red curb "no parking" for school bus loading and conversion of existing 24-hour passenger
loading zone to time -restricted passenger loading on Lanoitan Avenue, adjacent to Lincoln Acres School
(TSC Item No. 2008-26)
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMME ' ATION
At their meeting on November 12, 2008 the Traffic Safety Committee approved the staff recommendation
to install red curb "no parking" for school bus loading and convert existing 24-hour passenger loading
zone to time -restricted passenger loading on Lanoitan Avenue, adjacent to Lincoln Acres School.
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Staff Report to the Traffic Safety Committee (November 12, 2008)
A-200 (Rev. 7/03)
Explanation
Ms. Deborah Costa, Principal of Lincoln Acres School (located at 2200 Lanoitan Avenue), has
requested installation of red curb "no parking" for school bus loading and conversion of
existing 24-hour passenger loading zone to time -restricted passenger loading on Lanoitan
Avenue, adjacent to the school.
Staff visited the site during the school peak periods and off -peaks. On many occasions school
buses do not have curbside loading available due to parents parked curbside waiting to pick
up their children. Installing a red curb zone for bus parking only will improve traffic safety and
circulation, and provide a means for enforcement. Also, additional visitor parking will be
provided during the non -peak periods by converting the passenger loading zone from 24-hour
to time -restricted.
Staff recommends the following:
1) Install 60 feet of red curb "no parking" on the west side of Lanoitan Avenue, just north of E.
24th Street, and sign as "No Parking Bus Stop".
2) Convert existing 24-hour passenger loading zone on the west side of Lanoitan Avenue,
adjacent to Lincoln Acres School, to time -restricted passenger loading between the hours
of 7:00am-9:00am and 1:00pm-4:00pm, Monday -Friday.
Improvements will be installed by the City Public Works Department.
TSC 2008-26
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE
INSTALLATION OF RED CURB "NO PARKING" FOR
SCHOOL BUS LOADING/UNLOADING OF STUDENTS,
AND CONVERSION OF AN EXISTING 24-HOUR PASSENGER
LOADING/UNLOADING ZONE TO A TIME -RESTRICTED
PASSENGER LOADING/UNLOADING ZONE, ADJACENT
TO LINCOLN ACRES ELEMENTARY SCHOOL
LOCATED AT 2200 LANOITAN AVENUE
WHEREAS, Ms. Deborah Costa, Principal of Lincoln Acres Elementary School
located at 2200 Lanoitan Avenue, has requested the installation of red curb "no parking" to provide
a school bus loading/unloading zone, and conversion of an existing 24-hour passenger
loading/unloading zone to time -restricted passenger loading/unloading on Lanoitan Avenue,
adjacent to the school to improve traffic safety; and
WHEREAS, after an on -site investigation, staff recommends the installation of 60-
feet of red curb "no parking" on the west side of Lanoitan Avenue, just north of East 24th Street,
and a sign stating "No Parking - Bus Stop", and that the existing 24-hour passenger
loading/unloading zone on the west side of Lanoitan Avenue, adjacent to Lincoln Acres Elementary
School, be converted to a to time -restricted passenger loading/unloading zone between the hours
of 7:00 a.m. to 9:00 a.m., and 1:00 p.m. to 4:00 p.m., Monday through Friday; and
WHEREAS, at its meeting on November 12, 2008, the Traffic Safety Committee
approved staffs recommendations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of 60-feet of red
curb "no parking" on the west side of Lanoitan Avenue, just north of East 24th Street, and a sign
stating "No Parking - Bus Stop", and that the existing 24-hour passenger loading/unloading zone
on the west side of Lanoitan Avenue, adjacent to Lincoln Acres Elementary School, be converted
to a time -restricted passenger loading/unloading zone between the hours of 7:00 a.m. to 9:00 a.m.,
and 1:00 p.m. to 4:00 p.m., Monday through Friday, to improve traffic safety.
PASSED and ADOPTED this 2nd day of December, 2008.
ATTEST:
Michael R. Dalla, City Clerk
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 12, 2008
I'I'ENI NO. 2008-26
ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO
PARKING" FOR SCHOOL BUS LOADING AND CONVERSION
OF EXISTING 24-HOUR PASSENGER LOADING ZONE TO
TIME -RESTRICTED PASSENGER LOADING ADJACENT TO
LINCOLN ACRES SCHOOL LOCATED AT 2200 LANOITAN
AVENUE (BY: PRINCIPAL D. COSTA)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Ms. Deborah Costa, Principal of Lincoln Acres School, has requested the following:
1) Installation of 60 feet of red curb "no parking" on the west side of Lanoitan
Avenue, just north of E. 24th Street, to provide a school bus loading zone.
2) Conversion of existing 24-hour passenger loading zone on the west side of
Lanoitan Avenue to time -restricted passenger loading to provide visitor parking
adjacent to the school before and after peak student loading periods.
Staff visited the site and agrees that both improvements will better facilitate traffic flow
during the peak student loading periods and provide additional visitor parking during the
non -peak periods.
STAFF RECOMMENDATION:
Staff recommends the following:
1) Install 60 feet of red curb "no parking" on the west side of Lanoitan Avenue, just
north of E. 24th Street, and sign as "no parking bus stop".
2) Convert existing 24-hour passenger loading zone on the west side of Lanoitan
Avenue, adjacent to Lincoln Acres School, to time -restricted passenger loading
between the hours of 7:00am-9:00am and 1:00pm-4:00pm, Monday -Friday.
EXHIBITS:
1. Correspondence
2. Location Map
3. Photo
2008-26
A'I'IONAI,
CI I00I ,
'STRICT
September 3, 2008
Stephen Manganiello. "traffic !Engineer
Engineering Department
1243 National City Boulevard
National City, CA 91950
Dear Mr. h-langaniello:
Thank you tier coining to Lincoln Acres to get better acquainted with the traffic situation that we are
experiencing. As per our conversation, I would like to request the National City Engineering
Department to designate 60 feet of red zone near the current staff parking lot entrance. This zone
will he utilized as a bus drop-off and pickup area for our students.
In addition, we would like to change the three -minute loading zone in front of the school from 24
hours to a time specific zone. We ask that the loading time go from 7:00 to 9:00 AM and from 1:00
to 3:00 PM. this would alleviate our need for parking in the morning and afternoon.
Thanks again for helping us address our challenges with traffic. Please feel free to contact me if you
have aiI\ further questions.
Sincerely,
1)elx Costa-Ilernaii ez
Princi al
LINCO N ACRES SCIIOO1.
Deborah Costa -Hernandez -- Principal
2200 I.anoitan Avenue • National City, CA 91950 • (619) .336-8600 • Fax (619) ; 36-8655 • http:/!nsd.us
Creating .Sttceessfu! Learners... Now
Location Map
2200 Lanoitan Avenue
(Lincoln Acres School)
Lanoitan Avenue, north of E. 24th Street (looking south)
City of National City, California
COUNCIL AGENDA STATEMENT
.`,AEETING DATE December 2, 2008
AGENDA ITEM NO.
8
(ITEM TITLE
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of red curb "no parking" for school bus loading on E. 20`h Street, adjacent to Granger Junior High
School (TSC Item No. 2008-27)
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
`• J
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMISSION RECOMM DATION
At their meeting on November 12, 2008 the Traffic Safety Committee approved the staff recommendation
to install red curb "no parking" for school bus loading on E. 20th Street, adjacent to Granger Junior High
School.
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Staff Report to the Traffic Safety Committee (November 12, 2008)
A-200 (Rev. 7/03)
Explanation
Mr. John Brown, Acting Assistant Director of Planning & Construction for the Sweetwater
Union High School District, on behalf of Granger Junior High School, has requested
installation of 120 feet of red curb "no parking" on the south side of E. 20th Street, just east of
Granger Avenue, to provide a school bus loading zone for up to three school buses.
Staff visited the site during the school peak periods and off -peaks. On many occasions school
buses do not have curbside loading available due to parents parked curbside waiting to pick
up their children. Installing a red curb zone for bus parking only will improve traffic safety and
circulation, and provide a means for enforcement. The impact to parking will be minimal since
the south side of E. 20'h Street remains mostly vacant throughout the day. Most residents park
on the north side of E. 20th Street, adjacent to their homes.
Staff recommends installation of 120 feet of red curb with "no parking bus stop" signs on the
south side of E. 20t Street, just east of Granger Avenue, to provide a school bus loading zone
for up to three school buses.
Improvements will be installed by the City Public Works Department.
TSC 2008-27
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE
INSTALLATION OF RED CURB "NO PARKING" FOR
SCHOOL BUS LOADING/UNLOADING OF STUDENTS
ON EAST 20TH STREET, ADJACENT TO
GRANGER JUNIOR HIGH SCHOOL
WHEREAS, Mr. John Brown, Acting Assistant Director of Planning and
Construction for the Sweetwater Union High School District, has requested, on behalf of Granger
Junior High School, that the City install 120 feet of red curb "no parking" on the south side of East
20th Street, just east of Granger Avenue, to provide a school bus loading/unloading zone for up to
three school buses to improve traffic safety and circulation; and
WHEREAS, at its meeting on November 12, 2008, the Traffic Safety Committee
approved staffs recommendations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of 120 feet of red
curb "no parking" on the south side of East 20th Street, just east of Granger Avenue, to provide a
school bus loading/unloading zone for up to three school buses to improve traffic safety and
circulation.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
LJ
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 12, 2008
ITEM NO. 2008-27
ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO
PARKING" FOR SCHOOL BUS LOADING ON E. 20TH STREET
ADJACENT TO GRANGER JUNIOR HIGH SCHOOL (BY: J.
BROWN)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Mr. John Brown, Acting Assistant Director of Planning & Construction for the Sweetwater
Union High School District, on behalf of Granger Junior High School, has requested
installation of 120 feet of red curb "no parking" on the south side of E. 20"' Street, just
east of Granger Avenue, to provide a school bus loading zone for up to three school
buses.
Staff visited the site and agrees that creation of a loading zone for school buses at this
location will better facilitate traffic flow during the school peak periods. The impact to
parking will be minimal since the south side of E. 20th Street remains mostly vacant
throughout the day. Most residents park on the north side of E. 20th Street, adjacent to
their homes.
STAFF RECOMMENDATION:
Staff recommends installation of 120 feet of red curb with "no parking bus stop" signs on
the south side of E. 20th Street, just east of Granger Avenue, to provide a school bus
loading zone for up to three school buses.
EXHIBITS:
1. Correspondence
2. Location Map
3. Photo
2008 -2 7
SWEETWATER
UNION HIGH SCHOOL DISTRICT
PLANNING AND CONSTRUCTION
1130 Fifth Avenue • Chula Vista, CA 91911-2896
(619) 691-5553 • FAX (619) 420-0339
JOHN R. BROWN
ACTING ASSISTANT DIRECTOR OF PLANNING & CONSTRUCTION
October 15, 2008
Mr. Stephen Manganiello
'I•raffic Engineer
National City Engineering Department
1243 National City Blvd.
National City, CA 91950-4301
Subject: BUS LOADING /ONE AT GRANGER JUNIOR 11I(111 SCi1001,
Dear Mr. Manganiello:
This is a follow up to our meeting at Granger Junior l ligh School on September 26, 2008.
As we discussed, school buses queue up for student drop-off and pickup on 20'h Street,
just cast of Granger Avenue. in order to allow for safe and efficient access for the buses,
the District is requesting that measures he taken to ensure that this curb area is designated
as a school bus zone for three 40-foot buses. Measures suggested include painting the
curb yellow and possibly posting permanent signs indicating no parking during the hours
of 7:30 to 8:30 a.m. and 2:30 to 3:30 p.m.. Monday through Friday.
I understand that this request must go to the Community Traffic Safety ('ouncil for
review and that the next ('ouncil meeting is in November. Please let me know if you
need any additional information. 1 may he reached at (619) 585-4439 or at
john.brown(a)suhsd.k 12.ca.us.
Sincere)
R. 13ro<<ii
cting :Assistant Director of Planning & Construction
J lU/ac
cc. Juan Ulloa, Assistant Principal, ( iranger Junior I Iigh School
Karl Bradley, Assistant Superintendent of Facilities and Operations
Paul Woods, Director of -Planning and ('onstruction
Dennis 'Williams Director, 'Transportation
Maximizing student acluevenrent for 12"' grade students and adult learners throughout South San Diego County
-The Sweetwater Union lli,Ah School District does not discriminate with resard to se.v, sexual orientation, Mender, elliu s;roulr identification,
rare, ancestry, national origin, reli:,iorr, color, mental disability, or Irl/sical disability, age, marital or parental status or any other unlawful
consideration " Stli 1S1) Aran! Policy 4 ?)2,1
( ( (
Location Map
E. 20'h Street, east of Granger Avenue (looking southwest)
City of National City, California
COUNCIL AGENDA STATEMENT
•,,,.fiEETING DATE December 2, 2008
AGENDA ITEM NO.
9
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of red curb "no parking" in front of the United Women's Medical Clinic located at 1611 Highland
Avenue (TSC item No. 2008-29)
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolutio
BOARD / COMMISSION RECOMM DA ION
At their meeting on November 12, 2008 the Traffic Safety Committee approved the staff recommendation
to install red curb "no parking" in front of 1611 Highland Avenue.
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Staff Report to the Traffic Safety Committee (November 12, 2008)
A-200 (Rev. 7/03)
Explanation
As part of the Highland Avenue Resurfacing Project, Highland Avenue between E. 16th Street
and E. 18th Street was restriped to include 15-foot outside travel lanes, 11-foot inside travel
lanes and a 12-foot center turn lane in order to meet the latest design standards for roadway
safety. The original striping for this section of Highland Avenue did not meet the latest design
standards.
The new striping requires elimination of one parking space in front of the United Women's
Medical Clinic located at 1611 Highland Avenue. The curb parking space has been
temporarily painted red and signed "No Parking" for safety reasons. It should be noted that
this business does have parking available on -site, and the entire remaining two -block section
of Highland Avenue between E. 16`h Street and E. 18'h Street is currently red curb "no parking".
Staff recommends installation of red curb "no parking" in front of 1611 Highland Avenue in
order to maintain the latest design standards for roadway safety.
Improvements will be installed by the City Public Works Department.
TSC 2008-29
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE
INSTALLATION OF RED CURB "NO PARKING"
IN FRONT OF THE UNITED WOMEN'S MEDICAL CLINIC
LOCATED AT 1611 HIGHLAND AVENUE
WHEREAS, as part of the Highland Avenue Resurfacing Project, Highland Avenue
between East 16th Street and East 18th Street was restriped to include 15-foot outside travel
lanes, 11-foot inside travel lanes, and a 12-foot center turn lane in order to meet the latest design
standards for roadway safety; and
WHEREAS, the new striping requires elimination of one parking space in front of
the United Woman's Medical Clinic locates at 1611 Highland Avenue; and
WHEREAS, at its meeting on November 12, 2008, the Traffic Safety Committee
approved staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of red curb "no
parking" in front of the United Women's Clinic located at 1611 Highland Avenue.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 12, 2008
ITEM NO. 2008-29
ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO
PARKING" IN FRONT OF 1611 HIGHLAND AVENUE (BY: CITY
ENGINEERING)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
As part of the Highland Avenue Resurfacing Project, Highland Avenue between E. 16th
Street and E. 18th Street was restriped to include 15-foot outside travel lanes, 11-foot
inside travel lanes and a 12-foot center turn lane in order to meet the latest design
standards for roadway safety. The original striping for this section of Highland Avenue
did not meet the latest design standards.
The new striping requires elimination of one parking space in front of the United
Wornen's Medical Clinic located at 1611 Highland Avenue. The curb parking space has
been temporarily painted red and signed "No Parking" for safety reasons. It should be
noted that this business does have parking available on -site, and the entire remaining
two -block section of Highland Avenue between E. 16th Street and E. 181h Street is
currently red curb "no parking".
STAFF RECOMMENDATION:
Staff recommends installation of red curb "no parking" in front of 1611 Highland Avenue
in order to maintain the latest design standards for roadway safety.
EXHIBITS:
1 . Location Map
2. Photo
2008-29
Parking; space in front of 1611 highland Avenue (looking east)
City of National City, California
COUNCIL AGENDA STATEMENT
�AEETING DATE December 2, 2008
AGENDA ITEM NO.
10
c.
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of "Keep Clear" striping in front of the driveway to Family House of Pancakes located at 1900 E.
Plaza Boulevard (TSC Item No. 2008-28)
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
}
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSI E OMMEDATION
At their meeting on November 12, 2008 the Traffic Safety Committee approved the staff recommendation
to install "Keep Clear" striping in front of the driveway to 1900 E. Plaza Boulevard.
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Staff Report to the Traffic Safety Committee (November 12, 2008)
A-200 (Rev. 7/03)
Explanation
Mr. Jim Spezzano, owner of the Family House of Pancakes, located at 1900 E. Plaza
Boulevard, has requested installation of "Keep Clear" striping in front of the restaurant
driveway to discourage vehicles stopped at the traffic signal at the 1-805 ramps on Plaza
Boulevard from queuing (stacking) in front of the driveway, thereby preventing ingress/egress.
Staff visited the site during the afternoon peak period and observed that vehicles stopped at
the traffic signal at the 1-805 ramps on Plaza Boulevard often block the driveway while waiting
for the signal to turn green.
Staff recommends installation of "Keep Clear" striping in front of the restaurant driveway to
discourage vehicles stopped at the traffic signal at the 1-805 ramps on Plaza Boulevard from
queuing (stacking) in front of the driveway, thereby preventing ingress/egress.
Improvements will be installed by the City Public Works Department.
TSC 2008-28
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE
INSTALLATION OF "KEEP CLEAR" STRIPING IN FRONT OF
THE DRIVEWAY TO FAMILY HOUSE OF PANCAKES
LOCATED AT 1900 EAST PLAZA BOULEVARD
WHEREAS, Mr. Jim Spezzano, owner of the Family House of Pancakes, located at
1900 East Plaza Boulevard, has requested installation of "Keep Clear" striping in front of the
restaurant driveway to discourage vehicles stopped at the traffic signal at the 1-805 ramps on Plaza
Boulevard from stacking in front of the driveway and preventing ingress and egress; and
WHEREAS, at its meeting on November 12, 2008, the Traffic Safety Committee
approved the installation of "Keep Clear" striping in front of the restaurant driveway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of "Keep Clear"
striping in front of the driveway at Family House of Pancakes located at 1900 East Plaza
Boulevard.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ITEM TITLE:
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 12, 2008
ITEM NO. 2008-28
REQUEST FOR INSTALLATION OF "KEEP CLEAR" STRIPING
IN FRONT OF THE DRIVEWAY TO 1900 E. PLAZA
BOULEVARD (BY: J. SPEZZANO)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Mr. Jim Spezzano, owner of the Family House of Pancakes located at 1900 E. Plaza
Boulevard, has requested installation of "Keep Clear" striping in front of the restaurant
driveway to discourage vehicles stopped at the traffic signal at the 1-805 ramps on Plaza
Boulevard from queuing (stacking) in front of the driveway, thereby preventing
ingress/egress.
Staff visited the site during the afternoon peak period and observed that vehicles
stopped at the traffic signal at the 1-805 ramps on Plaza Boulevard do block the driveway
while waiting for the signal to turn green (see attached photo).
STAFF RECOMMENDATION:
Staff recommends installation of "Keep Clear" striping in front of the restaurant driveway
to discourage vehicles stopped at the traffic signal at the 1-805 ramps on Plaza
Boulevard from queuing (stacking) in front of the driveway, thereby preventing
ingress/egress.
EXHIBITS:
1 Correspondence
2. Location Map
3. Photo
2008-28
August 20, 2008
The Family. 1 louse of Pancakes Restaurant
1900 Fast Plaza Blvd. - National City, CA 91950
Ph. 619-477-3197
City of National City - Engineering Dept.
1243 National City 13Ivd. - National City, CA 91950
Attn: Mr. Steve Manganiello
Dear Sir,
I am writing to express my concern for the public safety of persons who happen to travel
to and from my restaurant. More specifically, I am writing to request a study by your
department to examine the traffic situation at my place of business.
The primary issue, in my view, is the public safety of the vehicles and pedestrians
passing through or attempting to pass through the immediate vicinity of the driveway to
the restaurant. These situations arise at certain days and times of the week, most
noticeably: Sundays (mornings to mid -afternoon) and also weekdays: (especially early
evening drive home times).
The volume of traffic on Plaza Blvd. and on the 1-805 entry and exit ramps is such that
hazardous situations can and do develop and are cause for much anxiety for everyone
involved. My staff and my customers have remarked on numerous occasions, the near
misses and the difficulty that people experience attempting to enter and/or leave the
premises. In fact, we witnessed an accident with injuries about 4 or 5 months ago, aside
from several near misses and fender benders in the two years since we opened.
Perhaps something can he done to alleviate these instances of traffic peril. We would hate
to have to witness another accident with injuries or worse, a fatality.
I'm aware that some may think that I'm concerned only for the amount ofbusiness that
may come through my door as the result of a solution to this issue. I lowever, I must
reiterate my primary concern is for the safety of the general public at all times. This
conviction stems directly from my 23 years background as a Reserve Officer with the
CVPD.
Yours truly,
n Spezz no Owner/Operator
(
(
(
Location Map
Traffic blocking; driveway to 1900 E. Plaza Boulevard (looking north)
'%ew►fIEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
December 2, 2008 AGENDA ITEM NO.
11
ITEM TITLE Resolution Approving an Application for Grant Funds for the California River Parkways
Grant Programs under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 in the amount of $2,354,842 for the Purpose of Construction of
Paradise Creek Park Improvements and Habitat Restoration.
PREPARED BY DEPARTMENT
Peggy Chapin, Principal Planner (336-4319c/ Planning Division
EXPLANATION
City staff has applied for a grant to assist in the improvements along Paradise Creek. The purpose of
the Rivers Parkways/ Urban Streams Restoration grant application is to fund improvements identified in
the preliminary design prepared by Pyatok Architects for the Transit Oriented Development site. The
improvements would occur on City owned property adjacent to Paradise Creek between 18th Street and
22nd Street. As reflected on the concept plan, the improvements would include a trail system, habitat
restoration, mini -parks and plazas, enhance existing improvements, and remove any toxic substances.
An optional bridge crossing is included and would be evaluated during the environmental analysis.
Design plans would be prepared and reviewed and approved by Council. The Urban Corps of San
Diego has agreed to partner with the City for grant funds and, if approved, would provide services for
trail and habitat restoration improvements. Completion of environmental review, technical studies, and
resource agency would be required prior to any construction.
Environmental Review
An EIR is being prepared for the Westside Specific Plan however subsequent environmental analysis will
be conducted upon completion of technical studies and design drawings for the improvements.
Financial Statement
N/A
STAFF RECOMMENDATION
Adopt the attached resol •
BOARD / COMMISSION RECOMNDATION
N/A
vsf if- /8-a8
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 AN APPLICATION FOR GRANT FUNDS
IN THE AMOUNT OF $2,354,842 FROM THE CALIFORNIA
RIVER PARKWAYS GRANT PROGRAMS UNDER THE
SAFE DRINKING WATER, WATER QUALITY AND SUPPLY,
FLOOD CONTROL, RIVER AND COASTAL PROTECTION
BOND ACT OF 2006 FOR CONSTRUCTION OF PARADISE
CREEK PARK IMPROVEMENTS AND HABITAT RESTORATION
(PROPOSITION 84)
WHEREAS, the Legislature and Governor of the State of California have
provided funds for the California River Parkways Grant Programs under the Safe Drinking
Water, Water Quality and Supply, Flood Control, Rive and Coastal Protection Bond Act of 2006
(the "Grant Program"); and
WHEREAS, The Resources Agency has been delegated the responsibility for the
administration of this Grant Program, establishing necessary procedures; and
WHEREAS, said procedures established by the State of California Resources
Agency require a resolution certifying the approval of an application by the City Council; and
WHEREAS, the City desires to partner with the Urban Corps of San Diego
County, a 501(c)(3) nonprofit organization that provides education and environmental job
training to young adults; and
WHEREAS, if grant funds are awarded to National City, the Urban Corps of San
Diego County would provide services to assist in the construction of Paradise Creek Park
improvements and habitat restoration, and in exchange the City would reimburse the Urban
Corps of San Diego County for these services from grant funds awarded through the California
River Parkways Grant Program funds, and
WHEREAS, the community benefits from the creation of jobs and the training
provided by the Urban Corps of San Diego County, and
WHEREAS, the City of National City, if selected to receive these grant funds, will
enter into an agreement with Urban Corps of San Diego County to define the scope of work for
these services and reimbursement of grant funds, and
WHEREAS, the City of National City, if selected, will enter into an agreement
with the State of California to carry out the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City, California, hereby approves an application to The Resource Agency for California
River Parkways Grant funds in the amount of $2,354,842 for the construction of Paradise Creek
Park improvements and habitat restoration.
BE IT FURTHER RESOLVED that the City Council hereby:
1. Approves the filing of an application for the California River Parkways Grant
Program; and
Resolution No. 2008 —
December 2, 2008
Page 2
2. Certifies that the City Council understands the assurances and certification in the
application; and
3. Certifies that the City of National City will have sufficient funds to operate and
maintain the project consistent with the land tenure requirements or will secure
the resources to do so; and
4. Certifies that it will comply with all provisions of California Labor Code Section
1771.5; and
5. If applicable, certifies that the project will comply with any State and federal laws,
regulations and City ordinances including, but not limited to, the California
Environmental Quality Act (CEQA), legal requirements for building codes, health
and safety codes, disabled access laws, and, that prior to commencement of
construction, all applicable permits will have been obtained; and
6. Appoints Brad Raulston, Executive Director, or his designee, as the agent to
conduct all negotiations, execute and submit all documents including, but not
limited to applicants, agreements, payment requests, and so on, which may be
necessary for the completion of the aforementioned project.
BE IT RESOLVED that copies of this Resolution shall be transmitted forthwith to
The Resource Agency.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
%""MEETING DATE December, 2008 AGENDA ITEM NO.
12
ITEM TITLE Resolution Approving 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
PREPARED BY Martin'"leder 336-4310
DEPARTMENT Planning
EXPLANATION The City Council voted to approve this item at the November 18, 2008 public hearing.
The attached resolution is needed to follow through on the action.
Environmental Review X N/A Categorical Exemption
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF R MMMENNDD
Adopt the attache esolution.
*-
BOARD 'COMMISSION RECOMMENDATION
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 CONDITIONAL USE PERMIT
FOR THE EXPANSION OF A FOOD MART AND
FOR ACCESSORY BEER AND WINE SALES
AT AN EXISTING GAS STATION LOCATED
AT 1803 HIGHLAND AVENUE
APPLICANT: FRED KARIM
CASE FILE NO. 2008-25 CUP
WHEREAS, the City Council of the City of National City considered 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 (APN: 561-171-18). at a duly advertised public
hearings held on November 18, 2008, at which time oral and documentary evidence was
presented; and
WHEREAS, at said public hearing the City Council considered the staff report
contained in Case File No. 2008-25 CUP maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation
of public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that the testimony and evidence presented to the City Council at the
public hearings held on November 18, 2008, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the addition to the
existing mini -mart is within an existing building and that the sales area for beer and wine will
be no more than 20 percent, or 130 square feet, of the available sales area.
2. That the site has sufficient access to streets and highways that are adequate in width
and pavement type to carry the volume and type of traffic generated by the proposed
use, since the gas station is existing and the expansion of an existing mini -mart and the
addition of alcohol sales is not expected to result in an appreciable increase in traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the mini -mart already exists and is located in a developed commercial area. Also,
conditions of approval controlling the sale of beer and wine will reduce the potential for
adverse effects.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will contribute to the viability of the service station, an established and
allowed use in the applicable commercial zone, and will discourage pre-existing
nonconforming uses that do not comply with all of the City's current standards for regulating
establishments that sell alcoholic beverages.
5. That the major design enhancement of the property will contribute to the viability of an
existing older business and to other local businesses along the Highland Avenue
commercial corridor.
Resolution No. 2008 —
December 2, 2008
Page 2
6. That public convenience and necessity may be 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
approved subject to the following conditions:
1. This Conditional Use Permit authorizes the 404 square -foot expansion of a mini -mart and
for the sale of beer and wine for off -site consumption at the Highland Service Station
located at 1803 Highland Avenue. Except as required by Conditions of Approval, all plans
submitted for permits associated with the project shall conform with Exhibit A, Case File
No. 2008-25 CUP, dated June 30, 2008.
2. A detailed landscape and underground irrigation plan, including plant species, methods of
planting, etc. shall be submitted for review and approval by the Planning Director prior at
building permit. The landscape plan shall reflect the use of drought tolerant planting and
water conserving irrigation devices, as well as details for hardscape on site, including
parking lot striping. The plans shall also show details for the trash enclosure, including a
door and cover. The finish of the trash enclosure shall be painted to match other building on
site.
Exterior colors for the mini -mart and auto repair building shall be shown on building permit
plans.
4. Plans must comply with the 2007 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code,
California Fire Code and California Title 24 energy and handicapped regulations.
5. Permittee shall comply with all regulatory provisions of the Business and Professions Code,
Section 23790.5 (d) (1) through (6), and Section 25612.5 — Retail Operating Standards.
Any violation of the aforementioned code sections constitutes a violation of the Conditional
Use Permit.
6. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and
12:00 a.m.
7 All persons who will be selling alcoholic beverages shall receive L.E.A.D. (Licensee
Education on Alcohol and Drugs) training in Responsible Beverage Service from the
State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition.
8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce,
or similar size containers is prohibited.
9. No beer and malt beverage products shall be sold of less than six-pack quantities per sale.
There shall be no sale of single cans or bottles.
10. No sale of wine shall be sold in containers of less than 750 milliliters, except for wine
coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged
multi -unit quantities.
Resolution No. 2008 —
December 2, 2008
Page 3
11. The sale of fortified or wine with an alcoholic content greater than 15% by volume is
prohibited.
12. The building plans shall indicate the placement of signs on each exterior building wall of the
licensed premises that faces a vehicle parking lot, in compliance with Chapter 10.30.070 of
the National City Municipal Code that reads: "WARNING It is unlawful to drink an alcoholic
beverage or to posses an open alcoholic beverage container in public or in a public parking
lot. NCMC 10.30.050 and 10.30.060." The signs shall be installed prior to certificate of
occupancy for the addition.
13. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on
or in front of the premises. The signs shall be installed prior to certificate of occupancy for
the addition.
14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all
parking lots and outbuildings and any property or adjacent property under the control of the
applicant.
15. All cups and containers shall be sold at or above prevailing prices and in their original multi -
container packages of no fewer than 12, and no cups and containers shall be given free of
charge.
16. Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess
than three pounds per sale. Ice shall not be provided free of charge.
17. The rear door(s) of the premises shall be kept closed at all times during the operation of
the business except in case of deliveries or emergencies.
18. Exterior advertising and signs of all types, promoting or indicating the availability of
alcoholic beverages, including advertising/signs directed to the exterior from within, are
prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to
the exterior, shall constitute a violation of this condition.
19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all
other commodities during the same period. The applicant shall at all times keep records
which reflect separately the gross sales of alcoholic beverages and the gross sales of all
other items. Said records shall be kept no less frequently than on a quarterly basis and
shall be made available to the City Finance Department and any Peace Officer of the
California Department of Alcoholic Beverage Control upon demand.
20. No coin operated games or other devices of entertainment shall be operated on the
licensed premises.
21. The maximum display area allowed for the sale of alcohol is 130 square feet and shall be
located only within the walk-in cooled storage and coolers as shown on Exhibit A, Case
File No. 2008-25 CUP, dated June 30, 2008.
Resolution No. 2008 —
December 2, 2008
Page 4
22. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be made
payable to the County Clerk and submitted to the National City Planning Department.
23. This permit shall become null and void if not exercised within one year after adoption of the
Resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
24. This permit shall expire if the use authorized by this resolution is discontinued for a period
of 12 months or longer. This permit may also be revoked, pursuant to provisions of the
Land Use Code, if discontinued for any lesser period of time.
25. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of the Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
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 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
'%ow MEETING DATE Decemberg.,2008.
AGENDA ITEM NO.
13
I.
TITLE Resolution Approving a Conditional Use Permit to Reconfigure Previously Approved
Parking and Open Space for a Duplex Behind an Existing Home at 720 1 Avenue
PREPARED BY Martin Reeder 336-4310
DEPARTMENT Planning
EXPLANATION The City Council voted to approve this item at the November 18, 2008 public hearing.
The attached resolution is needed to follow through on the action.
Environmental Review X , N/A Categorical Exemption
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF R MMEND
Adopt the attached resolution.
-- 2); iJ-
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
Resolution
A-200 (9/99)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
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 NO. M1 CUP-2002-17
WHEREAS, the City Council of the City of National City considered the
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 (APN: 556-414-05) at a duly
advertised public hearing held on November 18, 2008, at which time oral and documentary
evidence was presented; and
WHEREAS, at said public hearings the City Council considered the staff report
contained in Case File No. M1 CUP-2002-17, which is maintained by the City and incorporated
herein by reference along with evidence and testimony presented at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation
of 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
hearings held on November 18, 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
from Land Use 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
Avenue, a collector street, can accommodate the additional 12 average daily trips
generated by the parking space relocation.
BE IT FURTHER RESOLVED that the application for Modification of Conditional
Use Permit CUP-2002-17 is approved subject to the following conditions:
26. This Conditional Use Permit authorizes the relocation of parking and open space area
approved at 705 and 715 Highland Avenue under Conditional Use Permit application CUP-
2002-17 to 720 I. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibit A-2nd Revision, case file no.
M1 CUP-2002-17, dated July 7, 2008.
27. 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
Resolution No. 2008 —
December 2, 2008
Page 2
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.
28. 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.
29. 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 be abandoned, and all encumbrances upon the subject
properties removed. Evidence of abandonment shall be provided to the satisfaction of
the Planning Department within 60 days of approval of this Conditional Use Permit.
30. Application shall be made for a Special Driveway Permit subsequent to approval of this
Conditional Use Permit, and approved by City Council, for the proposed driveways. This
Conditional Use Permit shall not be considered approved until such time as an approved
Special Driveway Permit is procured.
31. Plans must comply with the 2007 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code,
California Fire Code and California Title 24 energy, and handicapped regulations.
32. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California
Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary
environmental filing fees for the San Diego County Clerk. Checks shall be made payable to
the County Clerk and submitted to the National City Planning Division.
33. Before this Conditional Use Permit shall become effective, the applicant and the property
owner shall both 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 Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning and Building Director that a Notice of
Restriction on Real Property is recorded with the County Recorder. The applicant shall pay
necessary recording fees to the County. The Notice of Restriction shall provide information
that conditions imposed by approval of the Conditional Use Permit are binding on all
present or future interest holders or estate holders of the property. The Notice of
Restriction shall be approved as to form by the City Attorney and signed by the Planning
and Building Director prior to recordation.
34. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
Resolution No. 2008 —
December 2, 2008
Page 3
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 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM2:
George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
`„�.EETING DATE December 2, 2008
14
AGENDA ITEM NO.
ITEM TITLE
Resolution approving the extension of the First 5 for Parents grant (Contract #
515385 - First 5 Commission of San Diego) in the amount of $128,265.00 for FY
2009-2010.
PREPARED BY Minh Duong Library 5882
DEPARTMENT EXT.
EXPLANATION
This grant funds for the Bookmobile to provide services to parents and children 0-
5 year old. Current contract ends June 30, 2009. The above actions allow for
continuity of services while the Commission's new strategic plan, expected to he
finalized by June 2009, is implemented.
This contract amendment is an additional one-year extension to a 3-year grant
from the First 5 Commission of San Diego previously accepted and approved by
the Library Board of Trustees and being brought forward to the Council to be
consistent with City Departments practice.
J
Environmental Review N/A
MIS Approval
Financial Statement
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve contract extension.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
Contract Amendment.
A-200 (Rev. 7/03)
RESOLUTION NO. 2008 —
RESOLUTION OF THE. CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY LIBRARIAN TO EXECUTE AN AMENDMENT
TO THE AGREEMENT FOR FY 2009/2010 IN THE AMOUNT OF
$128,265 BETWEEN THE CITY AND THE FIRST 5 COMMISSION
OF SAN DIEGO PERTAINING TO FUNDING FOR
THE NATIONAL CITY WORDS ON WHEELS BOOKMOBILE
WHEREAS, the City has entered into an Agreement (the "Agreement") with the
First 5 Commission of San Diego (the "Commission") through which the City obtains grant funds
to operate the National City bookmobile ("Words on Wheels"); and
WHEREAS, in order to maintain continuity of services, it is necessary to amend
the Agreement to extend its term to June 30, 2010, which will permit the Commission to
implement its new strategic plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Librarian to execute an amendment to the Agreement
for FY 2009/2010 in the amount of $128,265 between the City and the First 5 Commission of
San Diego extending the term of the Agreement to June 30, 2010, in order to maintain continuity
of services for the National City Words on Wheels bookmobile. Said Amendment to Agreement
is on file in the office of the City Clerk.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CONTRACT # 515385
FIRST 5 COMMISSION OF SAN DIEGO
AMENDMENT TO CONTRACT AGREEMENT
To: National City Public Library, Contractor. Pursuant to the Terms and Conditions, you are directed to make the
changes described herein to the Contract or do the following described work not included in the previous agreed on
Statement of Work.
Title of Contract, Project, or Program: First 5 for Parents — WORDS ON WHEELS mobile (WOW Mobile)
1. Description of Contract Change(s) and/or Work To Be Done:
• Amend the contract to exercise the Commission action on November 3, 2008 (Item 8) to add an option
year for this Agreement;
• Amend contract to exercise option to extend contract from August 1, 2006 to June 30, 2009 to August 1,
2006 to June 30, 2010;
• Amend the contract to exercise Commission action on November 3, 2008 (Item 8) to allow project length
budgeting [multiple year budgeting] for FY 2008-09 and FY 2009-10 for a total amount not to exceed
$250,422.00 and revise the maximum compensation for the full contract term not to exceed $470,219.00;
• Amend the contract to add $128,265.00 for FY 2009-10;
• Revise the report submission schedule to match the extended term;
• Revise Publicity Announcements and Materials language;
• Add Equipment Retention language.
2. Remove and Replace with pages marked AMENDMENT #03
Changes (excluding corrected typographical, punctuation and spelling errors) are marked by bold italicized type.
0 Pro Forma Agreement has the following revisions:
• Section B: Recitals — Add Commission action language;
• Section 13.7.1: Reports — Revise progress report submission schedule from August 1, 2006 to June 30,
2010;
• Section 16.17: Publicity Announcement and Materials — Revise language for this section;
• Section 16.22: Equipment Retention — Add 'Equipment Retention" language;
• Signature Page — Option to Extend — Revise the option period from two increments of one year each to
June 30, 2009 to three increments of one year each to June 30, 2010;
• Signature Page — Compensation: Revise language to pay Contractor up to $250,422.00 for the FY 2008-
09 and FY 2009-10 for an agreement amount not to exceed $470,219.00.
All other Terms and Conditions remain in effect.
National City Public Library Page 1 of 2 Amendment 03
CONTRACT # 515385
FIRST 5 COMMISSION OF SAN DIEGO
AMENDMENT TO CONTRACT AGREEMENT
(Continued)
I, the undersigned Contractor, have given careful THIS AMENDMENT IS NOT EFFECTIVE UNTIL
consideration to the change proposed and hereby agree, APPROVED BY THE EXECUTIVE DIRECTOR OF THE
if this proposed change is approved, that we will provide FIRST 5 COMMISSION OF SAN DIEGO
all equipment, furnish all materials, except as may
otherwise be noted above, and perform all services
necessary for the work specified.
Contract term is adjusted as amended.
Contract price is increased to: $470,219.00
FY 2006 — 07: $103,457.00
FY 2007 - 08: $116,340.00
FY 2008 - 09: $122,157.00 (estimated)
FY 2009- 10: $128,265.00 (estimated)
COMMISSION REVIEW AND RECOMMENDED APPROVAL:
By:
Minh Duong, City Librarian By:
National City Public Library Laura S. Spiegel, Executive Director
Date:
Date:
National City Public Library Page 2 of 2 Amendment 03
FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("Effective Date") by and
between the First 5 Commission of San Diego, a political subdivision of the State of California ("Commission") and Contractor
National City Public Library located 1401 National City Blvd., National City, CA 91950-4401 ("Contractor"), with reference to
the following facts:
RECITALS
A. The Commission, by action on June 19, 2006, Item No. 11, authorized the Executive Director to award an Agreement to
provide services addressing parent education, early literacy and/or healthy behaviors of children birth through age five.
B. The Commission by action on November 3, 2008, Item 8, authorized the Commission to add funding to this project -
length (multi year) contract;
1. Contractor is specially trained and possesses certain skills, experience, education, and competency to perform these
services.
2. The Agreement shall consist of this pro forma Agreement, Exhibit A -Statement of Work, Exhibit A-1-RFP 534
Statement of Work, Exhibit B Insurance Requirements and Exhibit C,
3. In the event that any provision of the Pro Forma Agreement or its Exhibits, A, A-1, B or C, conflicts with any other
teen or condition, precedence shall be:
3.1 First (1st) the Pro Forma;
3.2 Second (2nd) Exhibit B;
3.3 Third (3rd) Exhibit A;
3.4 Fourth (4th) Exhibit C; and
3.5 Fifth (5th) Exhibit A-1.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
ARTICLE 1
PERFORMANCE OF WORK
1.1 Standard of Performance. Contractor shall, in a good and workmanlike manner and in accordance with the highest
professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all
other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by Commission, necessary or proper to perform and
complete the work and provide the services required of Contractor by this Agreement.
1.2 Contractor's Representative. Contractor's duties under this Agreement shall be performed on behalf of the Contractor by
the person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (1)
Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the
services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder.
Contractor and Commission recognize that the services to be provided by Contractor's Representative pursuant to this
Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Agreement
without Commission's written consent. Commission reserves the right to terminate this Agreement pursuant to Clause 7.1
"Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in Commission's
judgment, the work hereunder is not being perfonned by Contractor's Representative.
1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor. and
neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the Commission or
the County of San Diego ("County"). Contractor shall perform its obligations under this Agreement according to the
Contractor's own means and methods of work which shall be in the exclusive charge and under the control of the
Contractor, and which shall not be subject to control or supervision by Commission or County except as to the results of the
work. Neither Contractor nor Contractor's employees or subcontractors shall he entitled to any benefits to which
Commission or County's employees are entitled, including without limitation, overtime, retirement benefits, workers'
compensation benefits and injury leave.
National Cite Public Literary. Amendment 03
Page 1 of 16
FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CiTY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
1.4 Contractor's Agents and Employees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents,`
employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services
shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons
authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall he at
Contractor's sole cost and expense, and Commission shall have no obligation to pay Contractor's agents, employees or
subcontractors; to support any such person's or entity's claim against the Contractor: or to defend Contractor against any
such claim.
Any subcontract, or a combination of subcontract to the same individual or firm for the Agreement period which is in
excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of the Agreement, whichever is less
must have prior concurrence of the Commission's Executive Director or his or her designee. If the Commission's
Executive Director or his or her designee makes a request for copies of all other subcontracts relating to this Agreement,
Contractor shall provide the Commission's Executive Director or his or her designee with copies of all other subcontracts
relating to this Agreement entered into by Contractor within 30 days after the effective date of the subcontracts. Such
subcontractors of Contractor shall be notified of Contractor's relationship to Commission. "Subcontractor" means any
entity, other than Commission, that furnishes to Contractor services or supplies relevant to this Agreement other than
standard commercial supplies, office space, and printing services.
1.4.1 Contractor Responsibility. In the event any subcontractor is utilized by Contractor for any portion of the project,
Contractor retains the prime responsibility for carrying out all the terms of this Agreement, including the responsi-
bility for pertbrmance and insuring the availability and retention of records of subcontractors in accordance with
this Agreement. No subcontract utilizing funds from this Agreement shall he entered into which has a term
extending beyond the ending date of this Agreement.
1.4.2 Mandated Clause. All subcontracts shall include the Standard Terms and Conditions required of Contractor
herein.
ARTICLE 2
SCOPE OF WORK
2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit "A" and
Exhibit "A I" to this Agreement, and by this reference incorporated herein, except for any work therein designated to he
performed by Commission.
2.2 Right to Acquire Equipment and Services. Nothing in this Agreement shall prohibit the Commission from acquiring the
same type or equivalent equipment and/or service from other sources, when deemed by the Commission to be in its best
interest.
ARTICLE 3
RESERVED
ARTICLE 4
COMPENSATION
4.1 Fiscal
Commission will pay Contractor the agreed upon price for the work specified in Exhibit A, Statement of Work.
4.2 Accounting System and Fiscal Monitoring. Contractor shall provide and maintain an accounting and financial support
system to monitor and control costs to assure Agreement completion.
4.3 Invoices and Payment.
4.3.1 Invoices. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, unless
other payment methodologies are negotiated and agreed to by both Contractor and Commission. Contractor shall
submit approved invoices monthly, due no later than the 31 ' of the following month, to the Commission's
Executive Director or her designee for work performed in the monthly period, accordingly. Invoice format shall be
provided by the Commission staff.
4.3.2 Payments. Commission agrees to pay Contractor, utilizing a Cost Reimbursement methodology, in arrears only
after receipt and approval by the Commission's Executive Director or his or her designee of properly submitted,
detailed and itemized original invoice referencing the Agreement number and additional written narrative detailing
any variances and approval obtained from the approved budget pursuant to Exhibit C, documenting the total
invoiced amount by Contractor. Each invoice so approved and paid shall constitute full and complete
National Cite Public 1. ihran_ Amendment 03
Page 2 of 16
FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
compensation to Contractor for the work product submitted and for all work completed during the billing period
pursuant to Exhibit A and Exhibit C. Payment shall he NET 30 days from receipt and approval of invoice unless
otherwise stated.
4.3.3 Full Compensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full
and complete compensation to the Contractor for all work completed during the billing period pursuant to Exhibit
A and Exhibit C. Contractor shall be entitled only to compensation, benefits, reimbursements or ancillary services
specified in this Agreement.
4.3.4 Conditions Prerequisite to Payments. Commission may elect not to make a particular payment if any of the
following exists:
4.3.4.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial
and material nature with respect to any information furnished to Commission.
4.3.4.2 Unauthorized Actions by Contractor. Contractor took any action pertaining to this Agreement, which
required Commission approval, without having first received said Commission approval.
4.3.4.3 Default. Contractor was in default under any terms and conditions of this Agreement.
4.3.5 Withholding Of Payment. Commission may withhold payment until reports, data, audits or other information
required for Agreement administration or to meet Commission or State reporting or auditing requirements are
received and approved by the Commission's Executive Director or his or her designee or designee. The
Commission may also withhold payment if, in the Commission's opinion, Contractor is in non-compliance with this
Agreement.
4.3.6 Availability of Funding. The Commission's obligation for payment of any Agreement 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 Commission shall arise for payment beyond June 30, 2007, of the calendar year unless funds are designated
by the Commission and are made available for such performance.
Commission shall, in its sole discretion, have the right to tenninate or suspend Agreement or reduce compensation
and service levels proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State
or Commission funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this
Agreement. In the event of reduction of funding for the Agreement, Commission, and Contractor shall meet within
ten (10) days of written notice to renegotiate this Agreement based upon the modified level of funding. In this case
if no agreement is reached between Commission and Contractor within 10 days of the first meeting, either party
shall have the right to terminate this Agreement within ten (10) days written notice of termination.
In the event of termination of this Agreement in accordance with the terms of this Section, Contractor shall be
entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which
Commission may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of
termination of this Agreement pursuant to this Section, in no event shall Contractor be entitled to any loss of profits
on the portion of this Agreement so terminated, or to other compensation, benefits, reimbursements, or ancillary
services other than as herein expressly provided.
4.3.7 Disallowance. In the event the Contractor receives payment for services under this Agreement which is later
disallowed by the Commission, Contractor shall promptly refund the disallowed amount to Commission on request,
or at its option, Commission may offset the amount disallowed from any payment due or to become due to
Contractor under any Agreement with the Commission.
4.3.8 Maximum Price. During the performance period of this Agreement, the maximum price for the items and/or
services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most
favored customer.
4.3.9 Budget Adjustments. The approved budget provides specific categories and line items within categories.
4.3.9.1 If Contractor desires to reallocate dollars from one line item to another line item in a category and the
total dollars is less than 10% of the total budget, Contractor may reallocate the dollars and shall report
the reallocation on the following monthly invoice.
4.3.9.2 If contractor desires to reallocate dollars from one budget category to another or move more than 10%
of the total contract dollars within a category, a written request shall be made to the COTR (or
designee) and approved prior to the budget adjustment.
National City Public Library Amendment 03
Page 3 of 16
FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
4.3.9.3 Contractor shall provide Commission a revised budget and budget narrative within 15 days of all 'NO
budget adjustments.
4.4 Prompt Payment for Vendors and Subcontractors.
4.4.1 Unless otherwise set forth in this paragraph, Contractor shall promptly pay its vendors and subcontractors for
satisfactory performance under its subcontractor(s) to this Agreement. Such prompt payment shall be no later than
thirty (30) days after Contractor receives payment of such service from Commission and shall be paid out of such
amounts as are paid to contractor under this Agreement.
4.4.2 Contractor shall include a payment clause conforming to the standards set forth in the above paragraph of this
Agreement in each of its subcontracts, and shall require each of its subcontractors to include such a clause in their
subcontracts with each lower -tier subcontractor or supplier.
ARTICLE 5
AGREEMENT ADMINISTRATION
5.1 Commission's Agreement Administrator. The Commission's Executive Director or his or her designee is designated as the
Contracting officer ("Contracting Officer") and is the only Commission official authorized to make any Changes to this
Agreement. The Commission has designated the individual identified on the signature page as the Contracting Officer's
Technical Representative ("COTR")
5.1.1 Commission's Executive Director or his or her designee will chair Contractor progress meetings and will coordinate
Commission's Agreement administrative functions. The Commission's Executive Director or his or her designee is
designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor
services, and provide other technical guidance as required.
5.2 Agreement Progress Meeting. The Commission's Executive Director or his or her designee and other Commission
personnel, as appropriate, will meet periodically with the Contractor to review the Agreement performance. At these meetings
the Commission's Executive Director or his or her designee will apprise the Contractor of how the Commission views the
Contractor's performance and the Contractor will apprise the Commission of problems, if any, being experienced. the
Contractor shall also notify the Commission's Executive Director or his or her designee (in writing) of any work being
performed, if any, that the Contractor considers being over and above the requirements of the Agreement. Appropriate action
shall be taken to resolve outstanding issues. The minutes of these meetings will he reduced to writing and signed by the
Commission's Executive Director or his or her designee and the Contractor. Should the Contractor not concur with the
minutes. the Contractor shall set out in writing any area of disagreement. Appropriate action wi11 be taken to resolve any areas of
disagreement.
ARTICLE 6
CHANGES
6.1 Commissions Executive Director or His or Her Designee. The Commission's Executive Director or his or her designee
may at any time, by a written order, make changes ("Changes"), within the general scope of this Agreement, in the definition of
services to be performed, and the time (i.e.) hours of the day, days of the week, etc.), and place of performance thereof. If any
such Change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work
under this Agreement, whether changed or not changed by an such order, an equitable adjustment shall be made in the
Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly.
6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days from the date of receipt by the
Contractor of the notification of Change; provided, however, that the Commission's Executive Director or his or her designee,
if he or she decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final
payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the
Contractor's claim for adjustment, the Commission's Executive Director or his or her designee shall have the right to prescribe
the manner of disposition of such property. Failure to agree to any adjustment shall he a dispute concerning a question of fact
within the meaning of the clause of this Agreement entitled "Disputes" (Article 15). However, nothing in this clause shall
excuse the Contractor from proceeding with this Agreement as changed.
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ARTICLE 7
TERMINATION
7.1 Termination for Default. Upon Contractor's breach of this Agreement, Commission shall have the right to terminate this
Agreement, in whole or part. Prior to termination for default, Commission will send Contractor written notice specifying the
cause. The notice will give Contractor 10 days from the date the notice is issued to cure the default or make progress
satisfactory to Commission in curing the default, unless a different time is given in the notice. If Commission determines that
the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property,
Commission may terminate this Agreement immediately upon issuing oral or written notice to the Contractor without any prior
notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other
materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of Commission. In the
event of such termination, the Commission may purchase or obtain the supplies or services elsewhere, and Contractor shall
be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the
Commission. The prevailing market price shall be considered the fair repurchase price. Notwithstanding the above,
Contractor shall not be relieved of liability to Commission for damages sustained by Commission by virtue of any breach
of this Agreement by Contractor, and Commission may withhold any reimbursement to Contractor for the purpose of
off -setting until such time as the exact amount of damages due Commission from Contractor is determined.
7.1.1 If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason
that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties
shall, if this Agreement contains a clause providing for termination for convenience of the Commission, be the
same as if the notice of termination had been issued pursuant to such clause.
7.2 Damages for Delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence
as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete
said work within such time, Commission will be entitled to the resulting damages caused by the delay. Damages will be
the cost to Commission incurred as a result of continuing the current level and type of service over that cost that would be
incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by
'` Commission.
7.3 Commission Exemption from Liability. In the event there is a reduction of funds made available by Commission to
Contractor under this or subsequent Agreements, the Commission and the County, their officers and employees shall incur
no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or
liabilities arising directly or from such action.
7.4 Termination for Convenience. The Commission may, by written notice stating the extent and effective date, terminate this
Agreement for convenience in whole or in part, at any time. The Commission shall pay the Contractor as full
compensation for performance until such termination:
7.4.1 The unit or pro rata price for any delivered and accepted portion of the work.
7.4.2 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as
approved by the Commission, with respect to the undelivered or unaccepted portion of the order, provided
compensation hereunder shall in no event exceed the total price.
7.4.3 In no event shall the Commission be liable for any loss of profits on the resulting order or portion thereof so
tern inated.
7.5 Suspension Of Work. The Commission's Executive Director or his or her designee may order the Contractor, in writing, to
suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Commission's
Executive Director or his or her designee determines appropriate for the convenience of the Commission.
7.6 Remedies Not Exclusive. The rights and remedies of Commission 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.
7.7 Full Cost Recovery Of Investigation And Audit Costs. Contractor shall reimburse the Commission for all direct and
indirect expenditures incurred in conducting an audit/investigation when Contractor is found in violation (material breach)
of the terms of the Agreement. Reimbursement for such costs shall be withheld from any amounts due to Contractor
pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor from Commission.
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ARTICLE 8
COMPLIANCE WITH LAWS AND REGULATIONS
8.1 Conformance With Rules And Regulations. Contractor shall be in conformity with all applicable federal, State,
Commission, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional
licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required.
Contractor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire
safety, health and sanitation.
8.2 Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be
obtained and maintained, at no cost to the Commission, all approvals, permissions, permits, licenses, and other forms of
documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and
regulations, or other laws, that may he applicable to performance of services hereunder. The Commission reserves the
right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any
services hereunder.
8.3 Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will
not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of
employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of
employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race,
color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.
8.4 Affirmative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time permanent
employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article Illk (commencing at
Section 84) of the San Diego Commission Administrative Code, which program is incorporated herein by reference. A
copy of this Affirmative Action Program will be furnished upon request by COTR or from the Commission of San Diego
Internet web -site (www.co.san-diego.ca.us).
8.5 Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group
identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and
marital status in accordance with Title iX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101), Article 9.5, Chapter I, Part 1, Division 2, Title 2
(Section I 1135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the
CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.
8.6 AIDS Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less
disadvantageous tenns, or restrict the availability of, the use of any Commission facility or participation in any
Commission funded or supported service or program on the grounds that such person has Acquired Immune deficiency
Syndrome, AIDS -related complex (ARC), or AIDS -related status (ARS), as those terms are defined in Chapter I, Section
32.1203, San Diego Commission Code of Regulatory Ordinances.
8.7 Americans With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities
in employment, public services, transportation, public accommodations and telecommunications services in compliance
with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24.
8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for
any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or
allow its name to be utilized in any endorsement of any candidate for elected office. Neither the Agreement nor any funds
provided hereunder shall be utilized in support of any partisan political activities, or activities for or against the election of
a candidate for an elected office.
8.9 Lobbying. Contractor agrees to comply with the lobbying ordinances of the County of San Diego and to assure that its
officers and employees comply before any appearance before the Commission. None of the funds provided under this
Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before
State and Federal Legislatures or the Board of Supervisors of the County of San Diego.
8.10 Religious Activity Prohibited. There shall he no religious worship, instructions or proselytization as part of or in connec-
tion with the performance of this Agreement.
8.11 Drug and Alcohol -Free Workplace. "1'he. Commission, in recognition of individual rights to work in a safe, healthful and
productive work place, has adopted a requirement for a drug and alcohol free work place.
8.1 1.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees,
while performing service for the Commission, on Commission property, or while using Commission equipment:
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8.11.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug.
8.11.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of
an illegal dntg.
8.11.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the foregoing
restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance
of normal job duties and responsibilities prescribes or administers medically prescribed drugs.
8.1 1.2 Contractor shall inform all employees who are performing service for the Commission on Commission property or
using Commission equipment of the Commission objective of a safe, healthful and productive work place and the
prohibition of drug or alcohol use or impairment from same while performing such service for the Commission.
8.11.3 The Commission may terminate for default or breach this Agreement, and any other Agreement the Contractor has
with the Commission, if the Contractor, or Contractor employees are determined by the Commission's Executive
Director or his or her designee not to be in compliance with the conditions listed herein.
8.12 Cartwright Act. Following receipt of final payment under the Agreement, Contractor assigns to the Commission 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 1) (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 Contractor for sale to the Commission under this
Agreement.
8.13 Zero Tolerance in Coaching Medi-Cal Or Welfare Clients (Including Undocumented Immigrants). The County of San
Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal system by foreign
nationals who are not legal residents of this county or country, has adopted a Zero Tolerance policy and shall aggressively
prosecute employees and Contractors who coach Medi-Cal or Welfare clients (including undocumented immigrants), to
obtain services for which they are not otherwise entitled.
8.13.1 As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees,
while performing service for the County, on County property or while using County equipment shall not:
8.13.2 In any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are
undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise
entitled.
8.13.3 Support or provide funds to any organization engaged directly or indirectly in advising undocumented
immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled.
Contractor shall inform all employees that are performing service for the County on County property or using County
equipment of County's Zero Tolerance Policy as referenced herein.
County may terminate for default or breach this Agreement and any other Agreement Contractor has with County, if
Contractor or Contractor employees are determined not to be in compliance with the conditions stated herein.
8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and
requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not
store any Hazardous Materials at any Commission Facility for periods in excess of ninety (90) days or in violation of the
applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions
necessary to protect third parties, including, without limitation, employees and agents of the Commission, from any
exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to
report to the appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required
to be reported by any Environmental Law and to immediately notify the Commission of it. Contractor shall not he liable to
the Commission for the Commission's failure to comply with, or violation of, any Environmental Law. As used in this
section, the term "Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees. orders,
regulations or court decisions (including the so-called "common law"), including, but not limited to, the Resource
Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances,
environmental conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials"
means any chemical, cotnpound, material, substance or other matter that: (a) is a flammable, explosive, asbestos,
radioactive nuclear medicine. vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or potentially injurious by itself or in combination with other materials; (b) is controlled,
referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication
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requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any liability, NNW
responsibility or duty upon the Commission or Lessee with respect to any third person under any Environmental Laws.
8.15 Debarment and Suspension. As a sub -grantee of federal funds under this Agreement, Contractor certifies that it, its
principals, its employees and its subcontractors:
8.15.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
covered transactions by any Federal Department or agency.
8.15.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
8.15.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in the paragraph above; and Have not within a 3-year
period preceding this Agreement had one or more public transaction (Federal, State, or local) terminated for cause
or default.
8.16 Staffing Requirements. Contractor's employees and volunteers, who work on this contract and work directly with minors,
shall have the following clearances completed by the Contractor prior to employment. Contractor shall immediately
remove an employee or volunteer with an unresolved negative clearance.
8.16.1 Trustline or Equivalent. Contractor's employees and volunteers shall successfully register with and receive an
appropriate clearance by "Trustline," http://www.trustline.org/, or equivalent organization that conducts criminal
background checks for persons who work with minors.
8.16.2 Drug Questionnaire. Contractor's employees and volunteers shall be tested for tuberculosis and shall not be
infectious for tuberculosis.
8.16.3 References. Contractor's employees and volunteers shall provide personal and prior employment references,
Contractor shall verify reference information, and employees and volunteers shall not have any unresolved
negative references for working with minor.
ARTICLE 9
CONFLICTS OF INTEREST; CONTRACTOR'S CONDUCT
9.1 Conflicts of interest. Contractor presently has no interest, including but not limited to other projects or independent
Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to he performed under this Agreement. The Contractor shall not employ any person
having any such interest in the performance of this Agreement. Contractor shall not hire Commission's employees to per-
form any portion of the work or services provided for herein including secretarial, clerical and similar incidental services
except upon the written approval of Commission. Without such written approval, performance of services under this
Agreement by associates or employees of Commission shall not relieve Contractor from any responsibility under this
Agreement.
9.2 Conduct of Contractor; Privileged Information.
9.2.1 Contractor shall inform the Commission of all the Contractor's interests, if any, which are or which the Contractor
believes to be incompatible with any interests of the Commission.
9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the
recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with
whom the Contractor is doing business or proposing to do business, in accomplishing the work under this
Agreement.
9.2.3 Contractor shall not use for personal gain or make other improper use of privileged information, which is acquired
in connection with his ernpioyment. In this connection, the term "privileged information" includes, but is not
limited to, unpublished information relating to technological and scientific development; medical, personnel, or
security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of
selections of Contractors or subcontractors in advance of official announcement.
Norr
NINO
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9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts. gratuity, favors, entertainment, or
other items of monetary value to an employee or official of the Commission.
9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process
shall be made to the private practice of any person(s) employed by the Contractor.
9.4 Limitation of Future Agreements Or Grants. ft is agreed by the parties to the Agreement that Contractor shall be restricted
in its future contracting with the Commission to the manner described below. Except as specifically provided in this
clause, Contractor shall be free to compete for business on an equal basis with other companies.
9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement,
is required to develop specifications or statements of work and such specifications or statements of work are to
be incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that
solicitation as a prime or subcontractor under an ensuing Commission Agreement. It is further agreed, however,
that Commission will not, as additional work, unilaterally require Contractor to prepare such specifications or
statements of work under this Agreement.
9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of
Work.
ARTICLE 10
INDEMNITY AND INSURANCE
10.1 Indemnity. Commission shall not be liable for, and Contractor shall defend and indemnify Commission and the County and
their employees and agents of Commission (collectively "Commission Parties"), against any and all claims, demands,
liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or
costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"),
related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of Contractor
or its Contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent
negligent act, error or omission, whether active or passive, of Commission Parties. Contractor shall have no obligation,
however, to defend or indemnify Commission Parties from a Claim if it is determined by a court of competent jurisdiction
that such Claim was caused by the sole negligence or willful misconduct of Commission Parties.
10.2 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and
effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," "Insurance
Requirements," attached hereto.
ARTICLE 11
AUDIT AND INSPECTION OF RECORDS
The Commission shall have the audit and inspection rights described in this section.
11.1 Audit and Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and
accounting records relative to all its activities under this Agreement. Authorized federal, State or Commission representa-
tives shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said
monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews
of project staff and participants.
At any time during normal business hours and as often as Commission may deem necessary, Contractor shall make
available to Commission, State or federal officials for examination all of its records with respect to all matters covered by
this Agreement and will permit Commission, State or federal officials to audit, examine and make excerpts or transcripts
from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding
clients receiving services, and other data relating to all matters covered by this Agreement. If an audit is conducted, it will
be done in accordance with generally accepted government auditing standards as described in "Government Auditing
Standards," published for the United States General Accounting Office.
1f any services performed hereunder are not in conformity with the specifications and requirements of this Agreement,
Commission shall have the right to require the Contractor to perform the services in conformity with said specifications and
requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature
that the difference cannot be corrected, Commission shall have the right to (1) require Contractor immediately to take all
necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2)
reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform
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the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specif-
ications and requirements of the Agreement, Commission shall have the right to either (1) by Agreement or to otherwise
have the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned
to Commission that is directly related to the performance of such services, or (2) terminate this Agreement for default as
provided in the Termination clause.
11.2 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or
any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or
market prices of commercial iteins sold in substantial quantities of the general public, or prices set by law or regulation, the
Contracting Officer or his or her representatives who are employees of the Commission or its agent shall have the right to
examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of
such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost
or pricing data submitted.
11.3 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times,
for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this
Agreement, or by section 11.3.1 and 11.3.2, below:
11.3.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made
available for a period of three (3) years from the date of any resulting final settlement.
11.3.2 Record which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of
claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or
claims have been disposed of, or three years after Agreement completion, whichever is longer.
11.4 Subcontract. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontract
hereunder except altered as necessary for proper identification of the Contracting parties and the Commission's Executive
Director or his or her designee under the Commission's prime Agreement.
ARTICLE 12
INSPECTION OF SERVICE
12.1 Subject to lnspgction. All performance (including services, materials, supplies and equipment furnished or utilized in the
performance of this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by
the Commission at all times during the term of this Agreement. Contractor shall cooperate with any inspector assigned by
the Commission to permit the inspector to determine whether Contractor's performance conforms to the requirements of
this Agreement. Commission shall perform such inspection in a manner as not to unduly interfere with Contractor's
performance.
12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and
requirements of this Agreement, Commission may require Contractor to re -perform the services until they conform to said
specifications and requirements, at no additional cost, and Commission may withhold payment for such services until
Contractor correctly performs them. When the services to be performed are of such a nature that Contractor cannot correct
its performance, the Commission shall have the right to (1) require the Contractor to immediately take all necessary steps
to ensure future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement
price to reflect the reduced value of the services received by Commission. In the event Contractor fails to promptly re -
perform the services or to take necessary steps to ensure that future performance of the service conforms to the
specifications and requirements of this Agreement, the Commission shall have the right to either (1) without tenninating
this Agreement, have the services performed, by Agreement or otherwise, in conformance with the specifications of this
Agreement, and charge Contractor, and/or withhold from payments due to Contractor, any costs incurred by Commission
that are directly related to the performance of such services, or (2) terminate this Agreement for default.
ARTICLE 13
USE OF DOCUMENTS AND REPORTS
13.1 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this
Agreement which the Commission requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the Commission.
13.2 Ownership, Publication, Reproduction And Use Of Material. All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole
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and exclusive property of Commission. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without
the express written consent of Commission. Commission shall have unrestricted authority to publish, disclose, distribute
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
13.3 Confidentiality. Commission and Contractor agree to maintain confidentiality of any information regarding applicants,
project participants or their immediate families which may be obtained through application forms, interviews, tests, reports,
from public agencies or counselors or any other source. Without the written permission of the applicant or participant,
such information shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and
then only to persons having responsibilities under the Agreement, including those fumishing services to Project under
subcontract. Commission and Contractor agree that all information and records obtained in the course of providing
services to project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State
statutes and regulations adopted pursuant thereto. However, at Commission's request, Contractor shall permit Commission
access to all records and information regarding the project and confidentiality shall not be a bar to Commission's access to
all records and information.
13.4 Maintenance of Records. Contractor shall maintain and keep available all records within San Diego County for a minimum
of three (3) years from the ending date of this Agreement unless Commission agrees in writing to an earlier disposition.
13.5 Custody of Records. Commission, at its option, may take custody of Contractor's client records upon Agreement termina-
tion or at such other time, as Commission may deem necessary. Commission agrees that such custody will conform to
applicable confidentiality provisions of State and federal law. Said records shall be kept by Commission in an accessible
location within San Diego County and shall be available to Contractor for examination and inspection.
13.6 Audit Requirement. At the option of the Commission, upon Commission request, Contractor shall engage a Licensed
Certified Public Accountant to conduct an annual audit of their agency's operations. Contractors that expend $500,000 or
more of federal grant finds per year shall have an audit conducted in compliance with Government Auditing Standards,
which includes Single Audit Act Amendments, Public Law 104-156, and OMB Circular A-133. Contractor shall include a
clause in any Agreement or agreement Contractor enters into with an audit firm to provide access by the Commission,
State, and Federal Government to the working papers of the independent auditor who prepare the audit for Contractor.
Contractor shall submit two (2) copies of the annual report and the management letter to the Commission no later than
fifteen (15) days after receipt from the independent Certified Public Accountant.
13.7 Reports. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the
Commission's Executive Director or his or her designee and agreed to by the Contractor. Format for the content of such
reports may be developed by Commission. The timely submission of these reports is a necessary and material term and
condition of this Agreement, and Contractor agrees that failure to meet specified deadlines will be sufficient cause to
withhold payment.
13.7.1 Contractor shall provide quarterly written progress reports detailing the status of all funded activities and/or
services from the effective date of this Agreement, due on the following dates:
• October 31, 2009 for Jul, Aug, Sept 2009
• January 31, 2010 for Oct, Nov, Dec 2009
• April 30, 2010 for Jan, Feb, Mar 2010
• July 31, 2010 for Apr, May, June 2010
13.7.2 Contractor shall also provide a final written report specifying a summary of activities and accomplishments for
the contract period due no later than 30 calendar days from the end date of this Agreement.
13.8 Evaluation Studies. Contractor shall participate as requested by the Commission in research and/or evaluation studies
designed to show the effectiveness and/or efficiency of contractor services or to provide information about Contractor's
project. Contractor shall work with and coordinate program evaluation and measures with local and State Commissions to
that Contractor's data collection and reports will be in compliance with local and State evaluation requirements.
Contractor shall collect data, using the tools and protocols identified by the Commission. Contractor shall cooperate with
Commission's Evaluation Coordinator, who will provide technical assistance to Contractor in their proposed evaluation, to
ensure a meaningful connection to the Cornmission's Evaluation Framework, and to develop an evaluation implementation
plan. Contractor shall abide by all evaluation expectations and requirements as noted elsewhere in this document. [Exhibit
A-1, Section 8 - Evaluation]
National City Public Library Amendment 03
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FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 51538.5
AGREEMENT WiTH NATIONAL (:ITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
13.8.1 Data System. Contractor agrees to participate in a comprehensive, countywide, intemet-based evaluation and 1110
management process as identified by the Commission. Contractor shall input the program, financial and
outcome data specified by the Commission into its Contract Management and Evaluation Data System
(CMEDS) at the intervals identified in this contract. (Reporting shall be, at minimum, performed on a
quarterly basis for Commission contracts, but may be required more frequently.)
13.8.2 Reporting Schedule. Contractor shall submit complete an accurate data and reports within thirty (30) days
after the end of each reporting period, in accordance with the schedule outlined in Section 13.7 of this
Agreement. End of year reports shall be submitted no later than thirty (30) days after the end of the fiscal year.
Commission may withhold payment if said data and reports are not received within forty-five (45) days
following the end of the reporting period.
13.8.3 informed Consent. Contractor shall obtain informed consent in accordance with the process and requirements
defined by the Commission for this project. Contractor shall be required to retain a signed copy of the consent
form or documentation of verbal consent in such manner that consent can he verified.
13.8.4 Confidentiality for Evaluation and Research. Contractor and Commission shall maintain the confidentiality of
all records, including any hard copies, and/or electronic or computer based data, and/or audio and/or video
recording. Records shall be handled and maintained in accordance with all applicable state and federal codes
and regulations relating to privacy and confidentiality, as well as with the Commission's Guidelines for
Protection of Human Subjects and Data Security for Research and Evaluation Activities.
ARTICLE 14
RESERVED
ARTICLE 15
DISPUTES
Notwithstanding any provision of this Agreement to the contrary, the Commission's Executive Director or his or her designee
shall decide any dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties
within a reasonable period of time. The decision of the Commission's Executive Director or his or her designee shall be final and
conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly
erroneous as necessarily to imply had faith. Contractor shall proceed diligently with its performance hereunder pending resolution
by the Commission's Executive Director or his or her designee of any such dispute. Nothing herein shall be construed as granting
the Commission's Executive Director or his or her designee or any other administrative official, representative or board authority
to decide questions of law.
ARTICLE 16
GENERAL PROVISIONS
16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written consent of the Commission;
Commission's consent shall not be unreasonably withheld. The Contractor shall make no Agreement with any party for
furnishing any of the work or services herein contained without the prior written consent of the Commission's Executive
Director or his or her designee, pursuant to Paragraph 1.4.
16.2 Entire Agreement. This Agreement, together with all Sections attached hereto and other agreements expressly referred to
herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or
contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any
proposals from Contractor and requests for proposals from Commission, are superseded.
16.3 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference.
16.4 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and
instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the
parties.
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FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
16.5 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the
State of California.
16.6 Headings. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of
reference only and are not intended to define. limit or affect the construction or interpretation of any term or provision
hereof.
16.7 Modification Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment
or discharge of this Agreement shall he valid unless the same is in writing and signed by both parties.
16.8 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this
Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the
drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be
ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the
other.
16.9 No Other Inducement. The making, execution, and delivery of this Agreement by the parties hereto has been induced by
no representations, statements, warranties or agreements other than those expressed herein.
16.10 Notices. Notice to either party shall he in writing and either personally delivered or sent by certified mail, postage prepaid,
return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be
deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3)
business days after deposit in the U.S. Mail, as the case may be to the Commission's Executive Director or his or her
designee and Contractor's Representative identified on the signature page.
16.11 Severability. If any term, provision, covenant, or condition of this Agreement is held to be invalid, void, or otherwise
unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected
thereby, and each term, provision, covenant, or condition of this Agreement shall he valid and enforceable to the fullest
extent permitted by law.
Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
16.13 Time. Time is of the essence of each provision of this Agreement.
16.14 Time Period Computation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state
or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any
act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be
timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday.
16.15 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this
Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay
by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision,
covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the
same or any similar breach or failure.
16.16 Third Party Beneficiaries Excluded. This agreement is intended solely for the benefit of the Commission and its
Contractor. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights
whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third
parties is specifically prohibited.
16.17 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead,
and materials distributed to the community shall identify the First 5 Commission of San Diego County or First 5 San
Diego as the fimding source for Contracted programs identified in this Agreement. All publicity materials shall comply
with the standards provided in the Commission'.s Public Outreach Partners Program Graphics Reproductions
Standards. Copies of all publicity materials related to Contracted programs identified in this Agreement shall he
submitted to and approved by the Commission's Community Engagement section for approval hefore publication or
release. Commission shall be advised at least 48 hours in advance of all locally generated press releases and media
`„wa., events regarding Contracted programs identified in this Agreement.
National (lty Public Library Amendment 03
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FIRST 5 COMMISSION OF SAN DiEGO
CONTRACT NUMBER: 515385
AGREEMENT WiTH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
16.18 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling criticahte
incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality,
fraud, unethical conduct, or instances of staff or client drug and/or alcohol use at the program. Contractor shall report all
such incidents to the Commission's Executive Director or his or her designee within one work day of their occurrence.
16.19 Responsiveness to Community Concerns. Contractor shall notify Commission within 48 hours of receipt of any
complaints, submitted to Contractor verbally or in writing, regarding the operation of Contractor's program or facility.
Contractor shall take appropriate steps to acknowledge receipt of said complaint(s) from individuals or organizations.
Contractor shall take appropriate steps to utilize appropriate forums to address or resolve any such complaints received.
Nothing in this provision shall be interpreted to preclude Contractor from engaging in any legally authorized use of its
facility, property or business as approved, permitted or licensed by the applicable authority.
16.20 Notification of Key Personnel Changes. Contractor shall notify the COTR (or designee) within 72 hours in writing when
there is a change of key personnel funded under this Agreement. Key personnel are defined to include personnel who
provide direct services management oversight or any combination of these services. Contractor shall also notify COTR (or
designee) within 72 hours in writing when a subcontractor is changes. COTR shall have the right to reject any change in
key personnel or a new subcontractor upon reasonable cause (direct services or management staff), funded under this
Agreement.
16.21 Coordinated Services. Contractor shall coordinate services with other First 5 funded programs and initiatives.
16.22 Equipment Retention. Contractor shall he entitled to retain ownership of any equipment or computers identified in the
approved budget in Exhibit C at the end of the contract term under the condition that the equipment will continue to be
used to serve children ages 0 — 5 and their families. Equipment must he in the budget and meet the definition of minor
equipment — less than $5,000 for a .single item.
w
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FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this First day of August 2006 ("Effective Date") and end on June
30, 2007 ("Initial Term") for a total Agreement period of eleven months.
OPTION TO EXTEND. The Commission's option to extend is for three (3) increments of one year(s) each for a total of three
(3) years beyond the expiration of the Initial Term, not to exceed June 30, 2010, pursuant to Exhibit C. Unless Commission
notifies Contractor in writing, not less than 30 days prior to the expiration date that they do not intend to renew the Agreement,
the Agreement will he automatically renewed for another year.
Options To Extend For One To Six Additional Months At End Of Agreement. Commission shall also have the option to
extend the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6)
calendar months at the discretion of the Commission's Executive Director or his or her designee. Each extension shall be
effected by written unilateral Agreement amendment delivered to Contractor no less than fifteen (15) calendar days prior to
expiration of any Agreement term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised
pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in this Agreement
or by Agreement amendment. All payments are subject to "Availability of Funds."
COMPENSATION: Pursuant to Exhibit C, Commission agrees to pay Contractor an estimated amount of one hundred three
thousand four hundred fifty-seven dollars ($103,457.00) for FY 2006-07; one hundred sixteen thousand three hundred forty
dollars ($116,340.00) for FY 2007-08 (Option Year 1) and an estimated amount of two hundred fifty thousand four hundred
twenty-two dollars ($250,422.00) for FY 2008-09 and FY 2009-10 (Option Year 2 and 3), for a maximum amount of four
hundred .seventy thousand two hundred nineteen dollars ($470,219.00) in accordance with the method of payment stipulated in
Article 4.
COTR. The Commission has designated the following individual as the COTR:
CONTRACTOR'S
Representative.
Lauren Chin, Community Engagement and Planning Manager
First 5 Commission of San Diego
1495 Pacific Highway, Suite 201
San Diego, CA 92101
Telephone: 619.230.6463; Fax: 619.230.6466
E-mail: lauren.chin@sdcounty.ca.gov
REPRESENTATIVE.
The Contractor has designated the following
Minh Duong, City Librarian
National City Public Library
1401 National City Blvd.
National City, CA 91950-4401
Telephone: 619-470-5882; Fax: 619-470-5880
E-mail: minh.duong@nationalcitylibrary.org
IN WITNESS WIIEREOF, Commission and Contractor have executed this Agreement
above
FIRST 5 COMMISSION OF' SAN DIEGO
By: XXXXXXXXXXXXXXXXXXX
Laura Spiegel, Executive Director
Date: XXXXXXXXXXXXXXXXX
individual as the Contractor's
effective as of the date first set
NATIONAL CITY PUBLIC LIBRARY
By: XXXXXXXXXXXXXXXXX
Minh Duong, City Librarian
Date: XXXXXXXXXXXXXXXXX
forth
National City Public Library Amendment 03
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FIRST 5 COMMISSION OF SAN DIEGO
CONTRACT NUMBER: 515385
AGREEMENT WITH NATIONAL CITY PUBLIC LIBRARY
"FIRST 5 FOR PARENTS" PROJECTS — WORDS on WHEELS mobile (WOWmobile)
THIS PAGE INTENTIONALLY LEFT BLANK
National City Public Library Amendment 03
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City of National City, California
CITY COUNCIL AGENDA STATEMENT
�..-V1EETING DATE December 2, 2008 AGENDA ITEM NO.
15
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN�
AMENDED SECTION 11 OF THE CITY OF NATIONAL CITY EMPLOYERS -EMPLOYEE RELATIONS POLICY
PERTAINING TO IMPASSE PROCEDURES
PREPARED BY
EXPLANATION
Jodi L. Doucette, Esq.
(Ext. 4412)
DEPARTMENT
Please see attached memorandum.
City Attorney
Environmental Review Ni N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Memo
Resolution
A-200 (9/99)
Mayor
Rcn P:"orr;on
Council Members
Louie Natividad
Frank Parra
Fideies Ungab
Rosalie Zarate
City Attorney
George H. Eiser,
CALIFORNIA
NATIONAL My
•
INCORPORATED
Office of the City Attorney
TO: Honorable Mayor and City Council
FROM: Senior Assistant City Attorney
SI JBJF(" f: Amendment to Employer -Employee Relations Policy
DATE: November 18. 2008
The Citv's Employer -Employee Relations Policy, last amended in 1996, requires an
amendment to the provision entitled Impasse Procedure, Section 11, as to safety personnel, in
*der to comport with California state law. Safety personnel includes fire fighters and law
enforcement officers.
In 2003, the California Supreme Court struck down as unconstitutional Section 1299 et
seq. of the California Code of Civil Procedure, enacted in 2000, which required cities to submit
iu some cases to binding arbitration for economic issues that arose during negotiations with
unions representing fire fighters and law enforcement officers. This case, County of Riverside v.
Superior Court (2003) 30 Ca1.4°i 278, opined that these Sections deprived cities of their authority
under the California Constitution, Article XI Section 1(b), to determine compensation for their
employees, because it delegated authority to the arbitration panel instead of leaving it with the
cities.
Since that decision, Section 1299.7 was added to the Code ofCiviI Procedure to correct
the fundamental flaw of Section 1299 of transferring absolute compensation authority to a body
other than the public entity. Section 1299.7 provides that a city council may, he unanimous vote,
reject the decision of the arbitration panel. However, continuing litigation has ensued as to the
constitutionality of this procedural provision. For example, this year, in Sonoma C.'oun!l. Lcivv
Enforcement Assoc. v. County ofS'ononia, a trial court found that this statutory provision was
constitutional on its face as to the arbitration clause, while a trial court in Monrovia Police
Officers Association v. City of. Monrovia found the provision to he unconstitutional because it
required a unanimous vote by City Council to reject the arbitration determination. The League
of Cities has requested the appellate courts issue a decision as to the split in the rulings on this
issue. The issue is now on review in the Monrovia case in the Second District Court of Appeal,
filed May 9, 2008.
Notwithstanding this pending litigation, for now the City's internal policy needs to be
updated to reflect the current version of California Code of Civil Procedure Section 1299 et seq.
If in the future the law changes again due to the Monrovia case, the City Council can revisit the
issue.
The current (City of National City Impasse Procedure, Section 11 of the Employer -
Employee Relations Policy, provides that if an impasse is reached in the meet and confer
process, either party can make a written request to initiate an impasse proceeding. The
proceeding envisioned is a mediation hearing. If the impasse is not resolved by the mediation
process within a reasonable amount of time, the City Council may take action regarding the
impasse issues. The action taken by the City Council is deemed final and binding under this
provision in our policy. The costs of the mediator, chosen from the State Conciliation Service. is
borne equally by both parties.
However, as explained above, the current California statutory provisions as to impasse
proceedings for safety personnel set forth a different procedure. The Code of Civil Procedure,
Section 1299 et seq., sets forth specific requirements for impasse procedures for firefighters and
law enforcement officers. Essentially, it requires:
• If the mediation process is ineffective to resolve the issue or is not agreed to by
both parties, the union may make a written request that the issue he submitted to
an arbitration panel.
• Within 3 days thereof, each party is to designate their representative to the panel;
5 days thereafter, the 2 panel members are to designate a third, impartial
representative to act as Chairperson.
• Within 10 days thereafter, the panel is to hold further hearings or investigation
into the issue.
• 5 days prior to the commencement of the hearing, the parties arc to submit their
last hest offer of settlement.
• 30 days after the hearing, the panel must select without modification one of the
offers submitted.
• The employer may by unanimous vote of all of its members of the governing
body (City Council) reject the decision of the arbitration panel.
• The costs of the arbitration panel is to he borne by the union, except those of the
employer representative.
Because the above procedures set forth in Code of Civil Procedure Sections 1299 et seq.
are current, mandatory provisions, the City must follow them for its safety personnel. Also,
because they are mandatory, the approval of an amendment to the City's Impasse Procedure to
comply with the new statutory requirements is not itself subject to meet and confer requirements.
Accordingly, it is recommended that the City Council adopt a resolution that incorporates
by reference the provisions of the currently existing Code of Civil Procedure Section 1299 et seq.
into Section 11 of the Impasse Procedures of the Employer -Employee Relations Policy,
applicable to firefighter and law enforcement personnel only.
(fa-6k_,
L. DOUCETTE, ESQ.
Senior Assistant City Attorney
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AN AMENDED SECTION 11 OF
THE CITY OF NATIONAL CITY EMPLOYERS -EMPLOYEE
RELATIONS POLICY PERTAINING TO IMPASSE PROCEDURES
WHEREAS, on May 7, 1996, the City Council adopted Resolution No. 96-56,
approving the City's current Employer -Employee Relations Policy, which includes impasse
procedures to address disputes arising out of the meet and confer process; and
WHEREAS, Title 9.5 of Part 3, Section 1299 et seq. of the California Code of
Civil Procedure was enacted in 2000, and Section 1299.7 was amended in 2003, to require
cities to submit in some cases to binding arbitration of economic issues that arose during the
course of negotiations with associations representing firefighters and law enforcement officers;
and
WHEREAS, it is necessary for the City's impasse procedures to be amended in
order to be in compliance with the aforementioned Title 9.5 of Part 3, Section 1299 et seq. of the
California Code of Civil Procedure; and
WHEREAS, the impasse procedures for the City's represented employees,
including public safety employees, are set forth in Section 11 of the Employer -Employee
Relations Policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby approve an amended Section 11 of the Employer -Employee
Relations Policy pertaining to impasse procedures, in order for impasse procedures for public
employees to conform to State law. Said amended Section 11 is attached hereto as Exhibit "A"
and incorporated herein by reference.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Employer -Employee Relations Policy, Section 11 Entitled "IMPASSE PROCEDURES", is
amended to read as follows: .•••09
If the meet and confer process has reached impasse as defined in this
Resolution, either party may initiate an impasse proceeding by filing with the
EERO and the other party a written request for an impasse proceeding, together
with a statement of its position on all disputed issues. An impasse resolution
proceeding with a mediator assigned from California State Concilation Service
shall then be selected by the EERO or their designee.
All mediation proceedings shall be private. The mediator shall make no
public recommendation, nor take any public position at any time concerning the
issues during the mediation process.
Within a reasonable time thereafter, as determined by the City Council,
the impasse is not resolved by such mediation, and the impasse involves safety
personnel on an economic matter, the procedures outlined in California Code of
Civil Procedure Section 1299 et seq. shall thereafter be followed.
For personnel other than safety personnel, or if the impasse involves
safety personnel on matters not centering on economic issues, the City Council
may thereafter take such action regarding the impasse as in its discretion it
deems appropriate in the public interest. Any action by the City Council in such
cases to resolve the impasse shall be final and binding.
The costs for the mediator utilized by the parties, and other mutually
incurred costs of mediation, shall be borne equally by the City and the
Exclusively Recognized Employee Organization and attorney fees, if any, are to
be borne by each party so represented.
EXHIBIT A
City of National City, California
COUNCIL AGENDA STATEMENT
‘"" MEETING DATE December 02, 2008
ITEM TITLE
AGENDA ITEM NO. 16
Resolution of the City Council of the City of National City authorizing the Mayor to execute an Authorization to Order
under the State of California CALNET II contract with AT&T Global Services Inc. for telecommunications (local/long
distance telephone, data) services and products.
PREPARED BY DEPARTMENT
Ron Williams P' J MIS
(Ext. 4373)
EXPLANATION
The City of National City executed an Authorization to Order under the State of California CALNET I agreement with
Pacific Bell and MCI Telecommunications Corporation for the provision of telecommunications(local/long distance
telephone and data) services and products on December 14, 1999. The contract has since been transitioned to
AT&T Global Services and will expire December 3, 2008. All AT&T CALNET I contracts are required to transition to
the new Authorization to Order under the State of California CALNET II state contract or be subject to higher tariff
rates.
Environmental Review NI N/A
Financial Statement Approved By:
finance Director
Account No. 631-415-000-248-000
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: Contract
A-200 (9/99)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AUTHORIZATION TO ORDER UNDER THE STATE
OF CALIFORNIA CALNET II AGREEMENT WITH
AT&T GLOBAL SERVICES, INC., FOR
TELECOMMUNICATIONS SERVICES AND PRODUCTS
WHEREAS, on December 4, 1998, Pacific Bell, MCI Telecommunications
Corporation, and the State of California entered into a CALNET I Agreement for the Provision of
Telecommunications Services and Products (CALNET I), such as local/long distance telephone
and data; and
WHEREAS, pursuant to the Agreement, California municipalities are allowed to
order services and products out of the Agreement upon execution of an Authorization to Order; and
WHEREAS, on December 14, 1999, the City Council adopted Resolution No. 99-
197, authorizing the Mayor to execute an Authorization to Order under the Sate of California
CALNET I; and
WHEREAS the Agreement has since been transitioned to AT&T Global Services,
Inc., and will expire on December 3, 2008; and
WHEREAS, the State of California requires that all CALNET I agreements
transition to the new Authorization to Order under the State of California CALNET II Agreement
or be subject to higher tariff rates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Authorization to Order Under the State
of California CALNET II Agreement with AT&T Global Services, Inc., for telecommunications
services and products.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
EXHIBIT A-2
AUTHORIZATION To ORDER UNDER STATE CONTRACT
SBC Global Services, Inc., dba AT&T Global Services on behalf of Pacific Bell Telephone Company,
dba AT&T California ("AT&T"or "Contractor") and the State of California ("State") have entered into a
Contract for California Integrated Information Network (CALNE1') 2 ("CALNET 2") MSA 1 Services
dated January 30, 2007 ("Contract"), for a term of five (5) years. The State may, at its sole option, elect
to extend the Contract tern for up to two (2) additional periods of one (1) year each. Pursuant to the
Contract, which is incorporated herein by reference, any public agency, as defined in Government Code
section 11541, is allowed to order services and products ("Services") solely as set forth in the Contract.
A non -State public agency (herein "Non -State Agency") shall also be required to complete and submit
this Authorization to Order Under State Contract (ATO) prior to ordering Services. A description of the
Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s)
will be provided to a Non -State Agency are fully set forth in the Contract. Access to the Contract is
available at www.stnd.dts.ca.gov .
City of National City ("Non -State Agency") desires to order Service(s), and Contractor agrees to provide
such Service(s), as identified in the State of California, Telecommunications Service Request (STD. 20),
pursuant to the terms and conditions and rate tables contained in the Contract.
1. This ATO shall become effective upon execution by Non -State Agency, Contractor, and the
Department of Technology Services, Statewide Telecommunications and Network Division
(DTS/STND) ("Effective Date"). No Service(s) shall be ordered by Non -State Agency or provided
by Contractor until this ATO has been executed by both parties and approved by DTS/STND.
2. With respect to Services ordered under this ATO, as authorized on Attachment 1, Non -State
Agency hereby agrees to obtain such Services exclusively through the Contract and this ATO for a
two (2) year commitment period, starting with the Effective Date of the ATO, provided that such
commitment does not extend beyond the Term of the Contract, including any extension periods.
Any new Services added to an existing ATO shall not extend the two (2) year commitment period
previously agreed upon on the ATO.
3. Upon expiration of the two (2) year commitment period, this ATO shall continue in effect through
the remainder of the Term of the Contract, unless terminated by Non -State Agency. The Non -State
Agency will automatically continue to receive Services at Contract terms and conditions when the
two year commitment period ends, and may add, delete or change Services without penalty or
additional commitment periods (unless a specific Service requires a term per the Contract).
4. Non -State Agency may terminate this ATO, for specific Service(s) or in total, prior to termination
of the Contract, by providing the Contractor with thirty (30) calendar days' written notice of
cancellation.
If Non -State Agency elects to terminate Service prior to completion of the two (2) year
commitment period, a termination charge may apply. The termination charge may not exceed sixty-
five percent (65%) of the Non -State Agency's average monthly bill for the disconnected Service(s),
multiplied by the number of full months remaining in the two (2) year commitment period. If
PAGE 1 A r7 ACIUSIr:NT 5 EXHIBIT A-2 Revised: Amendment No. 1.1
Service(s) are terminated after the two (2) year commitment period, no termination liability shall
apply.
5. No termination charge will be assessed when Non -State Agency transfers Service(s) to a like
Service offered under this Contract, or from one CALNET 2 MSA to another, if the Contractor is
the same for both MSAs, or is affiliated with the Contractor for the other MSA.
6. By executing this ATO, Non -State Agency agrees to subscribe to, and Contractor agrees to provide
Service(s, in accordance with the terms and conditions of this ATO and the Contract. Upon
execution of this AT() by Non -State Agency and Contractor, Contractor shall deliver this ATO to
DTS/STND for review and approval.
7. The DTS/STNI) will provide Contract management and oversight, and upon request by the Non -
State Agency or Contractor, will advocate to resolve any Contract service issues. 'fhe ATO, and
any resulting STD. 20, is a Contract between the Non -State Agency and the Contractor. The State
will not represent the Non -State Agency in resolution of litigated disputes between the parties.
8. Non -State Agency, upon execution of this ATO, certifies that Non -State Agency understands that
Contractor and the State may, from time to time and without Non -State Agency's consent, amend
the terms and conditions of the Contract thereby affecting the terms of service Non -State Agency
receives from Contractor.
9. Non -State Agency, upon execution of this ATO, certifies that it has reviewed the terms and
conditions, including the rates and charges, of the Contract.
10. Non -State Agency, upon cxecution of this ATO, certifies the Non -State Agency understands that
billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by
the State, pursuant to provisions of the Contract.
11. All Service(s) ordered under this ATO will be submitted using the STD. 20, signed by the Non -
State Agency's authorized signatory. Any additions or deletions to Service(s) shall likewise be
accomplished by submission of a STD. 20, noting changes.
12. Non -State Agency may, by placing Service orders issued by its duly authorized representative with
Contractor, order any of the Service(s) listed in the Contract. Contractor shall bill Non -State
Agency, and Non -State Agency shall pay Contractor according to the terms and conditions and rate
tables set forth in the Contract for such Service(s).
13. If, for any fiscal year during the term of this ATO, funds arc not appropriated to enable the Non -
State Agency to continue paying for services, or universal service discounts are not received, the
Non -State Agency may terminate impacted Service(s) without penalty.
14. Whenever any notice or demand is given under this Contract to Contractor or Non -State Agency,
the notice shall be in writing and addressed to the following:
PACF. 2 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 1.1
2
Non -State Agency: Contractor:
City of National City AT&T
1243 National City Blvd.. 610 Sequoia Pacific Blvd.
National City, California 91950 Sacramento, CA 95814
Attn: Ron Williams Attn: Contract Program Manager
Notices delivered by overnight courier service shall be deemed delivered on the day following mailing. Notices
mailed by U.S. Mail, postage prepaid, registered or certified with retum receipt requested, shall he deemed delivered
five (5) State business days after mailing. Notices delivered by any other method shall he deemed given upon
receipt.
IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their
respective duly authorized representatives:
CONTRACTOR
NON -STATE AGENCY
By: Authorized Signature
By: Authorized Signature
Printed Name and Title of Person Signing
Printed Name and Title of Person Signing
Date Signed:
Date Signed:
Approved By:
Department of Technology Services,
Statewide Telecommunications and Network Division
By: Authorized Signature
Printed Name and Title of Person Signing
Date Signed:
PAGE 3 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 1.1
2
City of National City
MSA 1 ATTACHMENT 1
Selected Services
Voice Services - Core Services Products
Customer Initials
1/
Bus Access Lines
4
Central Office Exchange Basic Services (Centrex)
Central Office Trunk Services
(SuperTrunk/PBX/DID)
O
Locally Based Automatic CaII Distribution (ACD)
(Available Option w/C2 Centrex)
•
•
Interactive Voice Response (IVR)
•
Specialized Call Routing (Call Router)
Computer Telephone Integration (CTI)
(Compucall)
•
Voice Mail Services
(Available Option w/C2 Exchange Svcs)
•
Selected Services
Data Services - Core Services Products
Customer Initials
Data Transmission Services
(Analog Service, Carrier DSO (ADN),Carrier DS1
(Hicap/T1),Carrier DS3)
//
}zt"" f
??
Gigabit Ethernet Metropolitan Area Network (MAN)
(GigaMAN, MON, OPT-E-MAN,
CSME,EPLS-WAN, ESS-MAN)
3 >
s , z _' .'x� {=.
Multi Protocol Label Switching (MPLS)
(AVPN, Network Based Firewall, ANIRA )
CI
Synchronous Optical Network (SONET)
(Point -Point SONET, Ethernet -over SONET,
SONET RinICB)
`� z
►
ISDN (BRI)
(PRI)
(PBX/DID)
4ISDN
►:1
Switched 56/Switched Digital Services (SDS)
Relay & ATM
(Managed or Non Managed)
4Frame
Internet
►�
Agency Hosted (DSL)
4DSL
DSL
DSL Virtual Private Network
(AVPN, Network Based Firewall, ANIRA)
•
Enhanced Centrex VDNA
Included Services
Other Services - Core Services Products
Automatic Coverage
IntraLata Calling (Local Usage Zone 1 - 3)
(Included on C2 Exchange Services)
Bldg. Wiring Services
(Automatic Service Coverage on C2 Svcs)
Jacks/Wiring
Inside Wire Repair Plan(Voice)(If subscribed to)
Inside Wire Repair Plan(Data)(If subscribed to)
PAGE 4 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 1.1
L.
EXHIBIT A-2
AUTHORIZATION TO ORDER UNDER STATE CONTRACT
SBC Global Services, Inc., dba AT&T Global Services on behalf of Pacific Bell Telephone Company,
dba AT&T California ("AT&T" or "Contractor") and the State of California ("State") have entered into a
Contract for California Integrated Information Network (CALNET) 2 ("CALNET 2") MSA 2 Services
dated January 30, 2007 ("Contract"), for a term of five (5) years. The State may, at its sole option, elect
to extend the Contract term for up to two (2) additional periods of one (1) year each. Pursuant to the
Contract, which is incorporated herein by reference, any public agency, as defined in Government Code
section 11541, is allowed to order services and products ("Services") solely as set forth in the Contract.
A non -State public agency (herein "Non -State Agency") shall also be required to complete and submit
this Authorization to Order Under State Contract (ATO) prior to ordering Services. A description of the
Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s)
will be provided to a Non -State Agency, are fully set forth in the Contract. Access to the Contract is
available at www.stnd.dts.ca.gov
City of National City ("Non -State Agency") desires to order Service(s), and Contractor agrees to provide
such Service(s), as identified in the State of California, 'Telecommunications Service Request (STI). 20),
pursuant to the terms and conditions and rate tables contained in the Contract.
1. This ATO shall become effective upon execution by Non -State Agency, Contractor, and the
Department of Technology Services, Statewide Telecommunications and Network Division
(I)TS/STND) ("Effective Date"). No Service(s) shall be ordered by Non -State Agency or provided
by Contractor until this ATO has been executed by both parties and approved by DTS/STND.
2. With respect to Services ordered under this ATO, as authorized on Attachment 1, Non -State
Agency hereby agrees to obtain such Services exclusively through the Contract and this ATO for a
two (2) year commitment period, starting with the Effective Date of the ATO, provided that such
commitment does not extend beyond the 'Term of the Contract, including any extension periods.
Any new Services added to an existing ATO shall not extend the two (2) year commitment period
previously agreed upon on the ATO.
3. Upon expiration of the two (2) year commitment period, this ATO shall continue in effect through
the remainder of the Term of the Contract, unless terminated by Non -State Agency. The Non -State
Agency will automatically continue to receive Services at Contract terms and conditions when the
two year commitment period ends, and may add, delete or change Services without penalty or
additional commitment periods (unless a specific Service requires a term per the Contract).
4. Non -State Agency may terminate this ATO, for specific Service(s) or in total, prior to termination
of the Contract, by providing the Contractor with thirty (30) calendar days' written notice of
cancellation.
If Non -State Agency elects to terminate Service prior to completion of the two (2) year
commitment period, a termination charge may apply. The termination charge may not exceed sixty-
five percent (65%) of the Non -State Agency's average monthly bill for the disconnected Service(s),
PAGE 1 ATIAcII 1ENT 5 EXHIBIT A-2 Revised: Amendment No. 2.1
multiplied by the number of full months remaining in the two (2) year commitment period. If
Service(s) are terminated after the two (2) year commitment period, no termination liability shall
apply.
5. No termination charge will be assessed when Non -State Agency transfers Service(s) to a like
Service offered under this Contract, or from one CALNET 2 MSA to another, if the Contractor is
the same for both MSAs, or is affiliated with the Contractor for the other MSA.
6. 13y executing this ATO, Non -State Agency agrees to subscribe to, and Contractor agrees to provide
Service(s), in accordance with the terms and conditions of this ATO and the Contract. Upon
execution of this ATO by Non -State Agency and Contractor, Contractor shall deliver this ATO to
1)TS/Si'ND for review and approval.
7. The DTS/STNI) will provide Contract management and oversight, and upon request by the Non -
State Agency or Contractor, will advocate to resolve any Contract service issues. The ATO, and
any resulting STD. 20, is a Contract between the Non -State Agency and the Contractor. The State
will not represent the Non -State Agency in resolution of litigated disputes between the parties.
8. Non -State Agency, upon execution of this ATO, certifies that Non -State Agency understands that
Contractor and the State may, from time to time and without Non -State Agency's consent, amend
the terms and conditions of the Contract thereby affecting the terms of service Non -State Agency
receives from Contractor.
9. Non -State Agency, upon execution of this ATO, certifies that it has reviewed the terms and
conditions, including the rates and charges, of the Contract.
10. Non -State Agency, upon execution of this ATO, certifies the Non -State Agency understands that
billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by
the State, pursuant to provisions of the Contract.
11. All Service(s) ordered under this ATO will be submitted using the STD. 20, signed by the Non -
State Agency's authorized signatory. Any additions or deletions to Service(s) shall likewise he
accomplished by submission of a STD. 20, noting changes.
12. Non -State Agency may, by placing Service orders issued by its duly authorized representative with
Contractor, order any of the Service(s) listed in the Contract. Contractor shall bill Non -State
Agency, and Non -State Agency shall pay Contractor according to the terms and conditions and rate
tables set forth in the Contract for such Service(s).
13. If, for any fiscal year during the term of this ATO, funds are not appropriated to enable the Non -
State Agency to continue paying for services, or universal service discounts are not received, the
Non -State Agency may terminate impacted Service(s) without penalty.
14. Whenever any notice or demand is given under this Contract to Contractor or Non -State Agency,
the notice shall be in writing and addressed to the following:
PAGE 2 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 2.1
Non -State Agency: Contractor:
City of National City AT&T
1243 National City Blvd.. 610 Sequoia Pacific Blvd.
National City, California 91950 Sacramento, CA 95814
Attn: Ron Williams Attn: Contract Program Manager
Notices delivered by overnight courier service shall be deetned delivered on the day following mailing. Notices
[nailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered
five (5) State business days after mailing. Notices delivered by any other method shall he deemed given upon
receipt.
IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their
respective duly authorized representatives:
CONTRACTOR
NON -STATE AGENCY
By: Authorized Signature
By: Authorized Signature
Printed Name and Title of Person Signing
Printed Name and Title of Person Signing
Date Signed:
Date Signed:
Approved By:
Department of Technology Services,
Statewide Telecommunications and Network Division
By: Authorized Signature
Printed Name and Title of Person Signing
Date Signed:
PAGE 3 A1' TACIIMENT 5 ExIIISIT A-2 Revised: Amendment No. 2.1
1
City of National City
MSA 2 ATTACHMENT 1
Selected Services
Long_Distance - Voice Services
Customer Initials
Long Distance Calling Services
(Includes Intralata Toll)
•
900 Services
•
Automatic Call Distributor (ACDLServices
Network Based Interactive Voice Response
(IVR) Services
III
Computer Telephone Integration
(CTI) for Network Based ACD
_
II
■
Toll Free Services
International Toll Free Services
■
Calling Card Services
■
Pre -Paid Calling Services
•
Network Audio Conferencing Service
•
MI
Network Conferencing
(Web Conferencing)
Included Services
Other Services - Long Distance Voice
Services
Automatic Coverage
Bldg. Wiring Services
(Automatic Service Coverage on C2 Svcs)
Jacks/Wiring
PAGE 4 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 2.1
atsa
LETTER OF AGENCY FOR ACCESS TO CURRENT PROVIDER TELEPHONE RECORDS
City of National City
1243 National City Blvd.
National City, CA 91950
Attention: AT&T
I have on this date entered into an agreement with AT&T Telco' and/or AT&T LD2, subsidiaries of AT&T Inc. to
become our new telephone/circuit service provider. I understand and agree that AT&T Telco/and or AT&T LD is the
carrier that will set the rates for our new telephone/circuit service.
Under the terms of this letter, I do hereby authorize AT&T Telco and/or AT&T LD to take the steps necessary to
immediately access any and all records that are in AT&T Telco and/or AT&T LD possession, or that are provided by
my current provider, or any other telephone/circuit service provider pertaining to my existing telephone and/or circuit
service that are needed to discuss conversion to AT&T Telco and/or AT&T LD service. This Letter of Agency does
not authorize AT&T Telco and/or AT&T LD to change my telephone/circuit service provider.
This authorization does not prevent our company from acting on its own behalf when it is necessary.
Customer indicates type of Migration by initialing in the applicable space below.
x Full Migration Partial Migration .
I understand and agree that for Full Migration, this authorization applies to the working telephone numbers and/or
circuit numbers, together with related features, listed below: (Each individual working telephone number must be
listed for a Full Migration.) For Partial Migration, this authorization only applies to the individual working
telephone and/or circuit numbers, together with related features, that are listed below:
see attached
' "AT&T Telco" means the applicable local telephone company subsidiary of AT&T Inc.: Southwestem Bell Telephone Company
doing business as one of the following AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma, and AT&T Texas; Pacific Bell
Telephone Company d/b/a AT&T Califomia; Nevada Bell Telephone Company d/b/a AT&T Nevada; Illinois Bell Telephone Company
d/b/a AT&T Illinois; Indiana Bell Telephone Company, Incorporated d/b/a AT&T Indiana; Michigan Bell Telephone Company d/b/a AT&T
Michigan; The Ohio Bell Telephone Company d/b/a AT&T Ohio; Wisconsin Bell, Inc. d/b/a AT&T Wisconsin; The Southern New
England Telephone Company d/b/a AT&T Connecticut; BellSouth Telecommunications, Inc. doing business as one of the following
AT&T Southeast, AT&T Alabama, AT&T Florida, AT&T Georgia, AT&T Kentucky, AT&T Louisiana, AT&T Mississippi, AT&T North
Carolina, AT&T South Carolina, and AT&T Tennessee; AT&T Communications of the Southem States, LLC; TC Systems, Inc.; SBC
Long Distance, LLC; or BellSouth Long Distance, Inc.
2 "AT&T LD" means: the applicable long distance company subsidiary of AT&T Inc.: SNET America, Inc. d/b/a AT&T Long Distance East; SBC
Long Distance, LLC d/b/a AT&T Long Distance; or BellSouth Long Distance, Inc. d/b/a AT&T Long Distance Service, or TC Systems, Inc.
V14.3 PIC LPIC_WB L.OA 22 States 09-25-2007 Page 1 Letter of Agency for Access to Current Telephone
Provider Records
atstt
If additional space is needed to list telephone and/or circuit numbers, please attach a separate page. The person
signing below must initial each additional page attached to this Letter of Agency.
Subscribers selecting the electronic signature option agree: an electronic Letter of Agency shall for all legal
purposes be considered a "writing"; any name or symbol of Subscriber affixed to or contained in the electronic
Letter of Agency shall be deemed to be the Subscriber's valid signature expressing its intent to be bound; any
electronic Letter of Agency shall be deemed to comply with any applicable state law governing electronic
signatures, electronic writings and/or electronic records; any electronic Letter of Agency printed from files or records
(including electronic files) obtained in a normal course of business shall be deemed an original and the admissibility
thereof shall not be contested under any applicable best evidence rule or otherwise. Subscriber is solely
responsible for taking all proper security and other procedures necessary to ensure that all transmissions of the
electronic Letter of Agency are authorized and correct. AT&T Telco and/or AT&T LD is not responsible for any
incorrect information contained in an electronic Letter of Agency (including, without limitation, any failure to receive
an electronic Letter of Agency), and Subscriber is bound by any electronic Letter of Agency received by AT&T Telco
and/or AT&T LD unless Subscriber notifies AT&T Telco and/or AT&T LD, in writing within five (5) days of the date of
the signature that the signature is in error.
Subscriber understands that the signature or electronic signature below on this Letter of Agency constitutes the
Subscriber's agreement under this Letter of Agency and the applicable tariffs; the signatory must have authority to
commit the Subscriber to the Letter of Agency.
I certify that I have read and understand the above Letter of Agency. I further certify that I am at least 18 years of age and
authorized to grant access to the records on the telephone and/or circuit numbers listed above.
SUBSCRIBER: (Full Legal Business Name)
City of National City
If mailing, mail to: Rachelle Waters
101 West Broadway, Suite 370
San Diego, CA 92101
By: (Signature) (Customer completes)
If emailing, email form to:
att.com
Rw1969@att.com
Print Name (Customer completes)
Complete ONE of the following for identification.
Title: (Customer completes)
Customer Date of Birth (MM/DD/YYYY):
Telephone Number of individual authorized to act
on behalf of customer:
Customer Federal Employment Identification
Number (EN):
If applicable, name of individual authorized to act
for customer:
Last 4 digits of Customer Social Security
Number:
Relationship to customer:
Customer Mother's Maiden Name:
Date (Customer completes)
For information regarding this change please contact:
,fir
V14.3 PIC_I,PIC_WB L.OA 22 States 09-25-2007
Provider Records
Page 2 Letter of Agency for Access to Current Telephone
10
ats(t
LETTER OF AGENCY/AUTHORIZATION FOR CHANGE OF PROVIDERS
City of National City
1243 National City Blvd.
National City, CA 91950
• I understand that I can only pre -subscribe to one local dial tone provider, one intraLATA ("in -state", Connecticut) toll provider and
one inteaLATA ("out -of --state", Connecticut) long distance provider for each working telephone number that is billed to me.
• I also understand that the primary inter-LATA ("out-of-state", Connecticut) long distance carver may be different from the
primary intra-LATA ("in -state", Connecticut) long distance carrier or primary local exchange carrier and that the primary
intra-LATA ("in -state", Connecticut) long distance carrier may be different from the primary local exchange carrier.
• I understand that AT&T Telco' and/or AT&T LD2 may have different calling areas, rates and charges than my
current telephone company, and I am willing to be billed accordingly.
• I authorize AT&T Telco and/or AT&T LD to act as our agent to take the steps necessary to switch providers.
Customer indicates type of Migration by initialing in the applicable space below.
Full Migration Partial Migration
I understand and agree that for Full Migration, this authorization applies to the working telephone numbers and/or
circuit numbers, together with related features, listed below: (Each individual working telephone number must be
listed for a Full Migration.) For Partial Migration, this authorization only applies to the individual working
telephone and/or circuit numbers, together with related features, that are listed below:
If additional space is needed to list telephone and/or circuit numbers please attach a separate page. The person
signing below must initial each additional page attached to this letter of agency/authorization.
(Required for Florida and Louisiana only: List Plan/Package Information)
Plan/Package/Service Name:
Plan/Package/Service Rate: (See AttachedL
Terms and Conditions of Plan: (See Attached)
By initialing here and signing below, I authorize AT&T Telco to become my new local exchange
carrier in place of my current telecommunications carrier. I authorize AT&T Telco to act as my agent to make this
change happen and direct my current telecommunications carrier to work with AT&T Telco to make the change.
By initialing here and signing below, I authorize AT&T LD and/or AT&T Telco to become my new intra-LATA
("in -state", Connecticut) long distance caner in place of my current telecommunications carrier. I authorize AT&T Telco
' "AT&T Telco" means the applicable local telephone company subsidiary of AT&T Inc.: Southwestem Bell Telephone Company doing
business as one of the following AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma, and AT&T Texas; Pacific Bell
Telephone Company d/b/a AT&T Califomia; Nevada Bell Telephone Company d/b/a AT&T Nevada; Illinois Bell Telephone Company
d/b/a AT&T Illinois; Indiana Bell Telephone Company, Incorporated d/b/a AT&T Indiana; Michigan Bell Telephone Company d/b/a AT&T
Michigan; The Ohio Bell Telephone Company dlb/a AT&T Ohio; Wisconsin Bell, Inc. d/b/a AT&T Wisconsin; The Southem New
England Telephone Company d/b/a AT&T Connecticut; BellSouth Telecommunications, Inc. doing business as one of the following
AT&T Southeast, AT&T Alabama, AT&T Florida, AT&T Georgia, AT&T Kentucky, AT&T Louisiana, AT&T Mississippi, AT&T North
Carolina, AT&T South Carolina, and AT&T Tennessee; AT&T Communications of the Southern States, LLC; TC Systems, Inc.; SBC
Long Distance, LLC; or BellSouth Long Distance, Inc.
z "AT&T LD" means the applicable long distance company subsidiary of AT&T Inc.: TC Systems, Inc; SNET America, Inc. d/b/a AT&T Long
Distance East SBC Long Distance, LLC dlb/a AT&T Long Distance; or BellSouth Long Distance, Inc. doing business as one of the fdbwing AT&T
Long Distance Service or BellSouth Long Distance Service, Inc.
V 14.3 PIC_I.PIC WB LOA 22 States 09-25-2007 Page 1 Letter of Agency/Authorization for Change of
Providers
at&t
and/or AT&T LD to act as my agent to make this change happen and direct my current telecommunications carrier to work with
AT&T Telco and/or AT&T LD to make the change.
By initialing here and signing below, I authorize AT&T LD to become my new inter-LATA ("out-of-
state", Connecticut) long distance carrier in place of my current telecommunications carrier. I authorize AT&T
Telco and/or AT&T LD to act as my agent to make this change happen and direct my current telecommunications
carrier to work with AT&T Telco and/or AT&T LD to make the change.
Subscribers selecting the electronic signature option agree: an electronic Letter of Agency/Authorization shall for all legal purposes
be considered a' writing," any name or symbol of Subscriber affixed to or contained in the electronic Letter of Agency/Authorization
shall be deemed to be the Subscribers valid signature expressing its intent to be bound; any electronic Letter of
Agency/Authorization shall be deemed to comply with any applicable state law goveming electronic signatures, electronic writings
and/or electronic records; any electronic Letter of Agency/Authorization printed from files or records (including electronic files)
obtained in a normal course of business shall be deemed an original and the admissibility thereof shall not be contested under any
applicable best evidence rule or otherwise. Subscriber is solely responsible for taking all proper security and other procedures
necessary to ensure that all transmissions of the electronic Letter of Agency/Authorization are authorized and correct. AT&T Telco
and/or AT&T LD is not responsible for any incorrect information contained in an electronic Letter of Agency/Authorization
(including, without limitation, any failure to receive an electronic Letter of Agency/Authorization), and Subscriber is bound by any
electronic Letter of Agency/Authorization received by AT&T Telco and/or AT&T LD unless Subscriber notifies AT&T Telco and/or
AT&T LD, in writing within five (5) days of the date of the signature that the signature is in error.
Subscriber understands that the signature or electronic signature below on this Letter of Agency/Authorization
constitutes the Subscriber's agreement under this Letter of Agency/Authorization and the applicable tariffs; the
signatory must have authority to commit the Subscriber to the Letter of Agency/Authorization.
I certify that I have read and understand the above Letter of Agency/Authorization. I further certify that I am at least 18 years of age
and authorized to change companies for services to the telephone numbers listed above.
I understand that I may be required to pay a one time charge per line to switch providers. If I later wish to
return to my current service provider, I may be required to pay a reconnection charge to that company. I
understand that by signing this document I am authorizing a change in my current telecommunication provider.
SUBSCRIBER: (Full Legal Business Name)
City of National City
If mailing, mail to: Rachelle Waters
101 West Broadway, #370 San Diego CA 92101
By: (Signature) (Customer completes)
If emailing, email form to:
Rw1969@att.com
Print Name (Customer completes)
Complete ONE of the following for identification.
Title (Customer completes)
Customer Date of Birth (MM/DD/YYYY):
Telephone Number of individual authorized to act on
behalf of customer:
Customer Federal Employment Identification
Number (EIN):
If applicable, name of individual authorized to act for
customer:
Last 4 digits of Customer Social Security Number:
Relationship to customer:
Customer Mother's Maiden Name:
Date (Customer completes)
V14.3 PIC_LPIC WI3 I..OA 22 States 09-25-2007 Page 2 Letter of Agency/Authorization for Change of
Providers
atsI
I understand that by signing this document I am authorizing a change in my current telecommunication
provider.
For information regarding this change please contact:
V14.3 PIC LPIC_WB LOA 22 States 09-25-2007 Page 3 Letter of Agency/Authorization for Change of
Providers
i3
atsa
Indiana Customers Only:
Indiana consumers have the right to file a complaint with the Consumer Affairs Division of the Indiana Utility
Regulatory Commission if there is a dispute between parties.
Indiana Utility Regulatory Commission - Consumer Affairs Division
National City Center 101 West Washington Street, Suite 1500E
Indianapolis, IN 46204
Toll Free Complaint Line 1.800.851.4268 (Instate only)
1.317.232.2700 (local) 1.317.232.8556 (tty/tdd)
V14.3 PIC LPIC_WI3 I,OA 22 States09-27-2007 Page 3 Letter of Agency/Authorization for Change of
Providers
REQUEST IS
OR:
SERVICE
STATE OF CALIFORNIA
TELECOMMUNICATIONS SERVICE REQUEST
(Attach additional information as needed)
°- AGENCY
INFORMATION
5- ELIGIBILITY
6• CHECK TYPE
OF REQUEST
' -scribe in Section 7)
DEPARTMENT
City of National City
E MAIL ADDRESS
❑ EQUIPMENT (needs a Form 65) ❑ OTHER
DIVISION. BUREAU. F.IC
TELEPHONE NO
rilliams@nationalcityca.gov 619-336-4373
�• AGENCY Rf OUFSI NO
2-DATE
11/3/08
PERSON TO CONTACT FOR ACCESS
Ron Williams
FAX NO
ADDRESS OF PRESENT SERVICE (Include City. Zip Code Roorn # s) ADDRESS OF REQUESTED SF RVICE (Include City. Z•p Code, Room #'s)
1243 National City 131vd.
National City, CA 91950
BILLING ADDRESS (Include City Zip Code, Room #s)
same
same
C60 Account Number
TELEPHONE NUMBER(S) INVOLVED UTILITY PRIMARY BILL NO
See attachment
❑ STATE AGENCY
❑ BUSINESS SERVICE
❑ SINGLE. LINE
❑ PBX
REQUESTED DATE OF SERVICE GENERAL SERVICES AGENCY CODE
Must complete Authorization to Order (ATO) to obtain eligibility prior to first Form 20 reques1
❑ NON-PROFIT 8 TAX -SUPPORTED
❑ FEDERAL
❑ KEY SYSTEM
❑ TRUNKS
❑ CENTREX SERVICE
® LOCAL GOVERNMENT (le city. county)
❑ JOINT POWERS AGREEMENT
❑ SINGLE LINE (s) ❑ ISDN (Integrated Services Digital Network)
❑ ACD (Automatic Call Distribution)
❑ DATA SERVICE
❑ CALNET CALLING ❑ LONG DISTANCE ❑ LOCAL TOLL
CARD (Lnctude TD-907) SERVICE SERVICE
El CELLULAR TELEPHONE
❑ DGS-TD MASTER CONSULTING CONTRACT
® OTHER (Please Describe)
Request Services for CALNET II ATO
'• ADDITIONAL
INFORMATION
BRIEFLY DESCRIBE PRESENT SERVICE (Attach page as needed) BRIEFLY DESCRIBE SERVICE REQUESTED (Attach page as needed.)
Transition to CALNET II
CALNET I
SERVING UTILITY
TOTAL COST OF REQUESTED SERVICE
METHOD OF ACQUISITION
RECURRING
NON -RECURRING - 0 PURCHASE
0 INSTALL MENT PURCHASE
0 RENT 0 OTHER (Describe)
a• CATR/ATR
INFORMATION
NAME (PLEASE PRINT)
Ron Williams
E-MAIL ADDRESS
rilliams@nationalcityca.gov
ADDRESS CITY
STATE ZIPCODt.
1243 National City National City CA 91950
TITLE
T1' Manager
SIGNATURE This request complies with SAM Chapter 4500, and state telecommunications policies.'
TELEPHONE NO
CALNE I
PUBLIC
DATE
'SAM =State Administrative Manual 'STMM = State Telecommunications Management Manual 'ATR = Agency Telecommunications Represernative STD 20 Instructions
STD 20 (REV 9-03)
(S
City of National City, California
COUNCIL AGENDA STATEMENT
,IEETING DATE December 2, 2008
AGENDA ITEM NO.
17
ITEM TITLE Resolution of the City of National City Council Amending the Current City Council Policy
Number 110 Titled "Display of Flags", policy -line 4 and line 4 section (d).
PREPARED BY
Joe Smith, Director
(Ext.4587)
EXPLANATION
DEPARTMENT
4 y11
Public Works
On July 14, 1987 City Council Policy Number 110 was adopted and revised in 2007. This policy established
guidelines governing the policy and protocols for the proper handling and display of all flags flown by the
City of National City. This policy has been reviewed by staff and updated in regards to protocol with respect
to the display of flags at all City buildings, at half-staff, on the closest working day to the day of an
employee internment. This information is found on page 1 line 4 and page 2 line 4 section (d).
Environmental Review I _ N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Resolution amending City Council Policy Number 110, "Display of Flags", policy -line 4 and
line 4 section (d)
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Proposed City Council Policy Number 110
2. Resolution
A-200 (9/99)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING CITY COUNCIL POLICY NO. 110
PERTAINING TO THE DISPLAY OF FLAGS
BE IT RESOLVED by the City Council of the City of National City that City
Council Policy No. 110, entitled "Display of Flags", is amended as recommended by the Director
of Public Works.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CITY COUNCIL POLICY
'I'ITLE: DISPLAY OF FLAGS
POLICY
NUMBER: 110
ADOPTED: July 14, 1987 AMENDED OR
REVISED: December 02, 2008
Page 1 of 3
Purpose
To establish guidelines governing the flying of the following 15 flags:
United States of America
State of California
City of National City
Army
Navy
Marine Corps
Air Force
United States Coast Guard
POW
Army Retired
Navy Retired
Air Force Retired
World War II Commemorative
Korea War Veterans
Vietnam Veterans
Policy
The City of National City observes the following protocol with respect to the
display of the flags.
1) The flags will be displayed from sunrise to sunset unless properly lighted.
2) The flags will be hoisted briskly and lowered ceremoniously.
3) The flags will not be displayed on days when the weather is inclement, except
when an all-weather flag is displayed.
CITY OF NATIONAL CITY
CITY COUNCIL POLICY
TITLE: DISPLAY OF FLAGS
POLICY
NUMBER: 110
ADOPTED: July 14, 1987 AMENDED OR
REVISED: December 02, 2008
Page 2 of 3
4) The City Manager is authorized to display at all City buildings the United
States flag at half-staff in accordance with the rules set forth below and at
such times as the President of the United States, the Governor of the
State of California, or the Mayor of the City of National City may, with the
concurrence of the City Council, prescribe such action.
a) Thirty days from the death of a President or former President.
b) Ten days from the day of death of a Vice -President, Chief Justice of the
United States or a Speaker of the House of Representatives.
c) The day of death and on the following day for a United States Senator
or Representative, the Governor of the State of California, and any
elected official of the City of National City.
d) On the closest working day to the date of internment for an employee of
the City of National City.
5) The flags will be flown at half-staff on the following days:
a) Memorial Day until 12 noon.
b) Patriot Day, September 11
c) When flying the flags at half-staff, the flags will be hoisted to the peak
for an instant and then lowered to the half-staff position.
6) At Kimball Bowl, the United States, State of California, and the City of
National City flags will be flown 24 hours, 7 days a week, except in the
case of inclement weather. These flags shall be lighted during nighttime
hours.
CITY OF NATIONAL CITY
CITY COUNCIL POLICY
'FIT ,E: DISPLAY OF FLAGS
POLICY
NUMBER: 110
ADOPTED: July 14, 1987 AMENDED OR
REVISED: December 02, 2008
Page 3 of 3
7) All locations will fly the United States and the State of California flags on
the holidays listed below. In addition, the Kimball Bowl will fly other flags
on certain holidays as listed below:
a) Inauguration Day — January 20th
b) President Day — 3rd Monday in February
c) Armed Forces Day — 3rd Saturday in May (Ceremonial flags will be
flown at Kimball Bowl)
d) Memorial Day — the last Monday in May (Ceremonial flags will be flown
at Kimball Bowl)
e) Flag Day — June 14 (Ceremonial flags will be flown at Kimball Bowl)
f) Independence Day — July 4 (Ceremonial flags will be flown at Kimball
Bowl)
g) Labor Day — 1st Monday in September
h) California Admission Day — September 9
i) Patriot Day — September 11 (Ceremonial flags will be flown at Kimball
Bowl)
j) Veterans Day — November 11 (Ceremonial flags will be flown at Kimball
Bowl)
k) Pearl Harbor Day — December 7 (Ceremonial flags will be flown at
Kimball Bowl)
I) Other days that may be proclaimed by the President of the United
States
8) The following departments are responsible for raising and lowering the
flags at the listed locations:
a) Las Palmas Park — Parks and Recreation Department
b) Library — Public Works Department
c) Civic Center — Public Works Department
d) Police Department — Public Works Department
e) Fire Department (Stations #15 and #10) — Fire Department
f) Kimball Bowl — Public Works Department
9) Upon establishment, the National City Military Affairs Advisory Committee
shall assume responsibility for the display of ceremonial flags at Kimball
Bowl
CITY OF NATIONAL CITY
City of National City, California
COUNCIL AGENDA STATEMENT
IEETING DATE December 2, 2008
18
AGENDA ITEM NO.
ITEM TITLE RESOLUTION ADOPTING A RECORDS RETENTION SCHEDULE MANUAL
AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS IN CONFORMANCE
WITH STATE STATUTES.
PREPARED BY Michael R. Della
EXPLANATION
See attached report.
DEPARTMENT City Clerk EXT.
J
Environmental Review XX N/A
MIS Approval
Financial Statement
None
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
2. Report
A-200 (Rev. 7/03)
Report in Brief
The City is continuing to update and develop its records management program, including
revising the Records Retention Manual and Records Retention Schedule for each department.
The adoption of these revised retention schedules will result in efficiency gains and cost
savings.
Background
In 2008, National City selected Gladwell Governmental Services, Inc. to develop a revised
records retention manual, including records retention schedules for the City. An upgrade in the
existing program was necessary to reflect organizational changes that have occurred, to reduce
current and future records storage costs, eliminate duplication of effort, increase efficiency, take
advantage of current technology and comply with changes in law.
The purpose of the program is to apply efficient and economical methods to the creation,
utilization, maintenance, retention, preservation and disposal of all City records.
The new retention schedules were written interactively with all departments participating. They
provide clear, specific records descriptions and retention periods, and apply current law and
technology to the management of National City's records. By identifying which department is
responsible for maintaining the original record, and by establishing clear retention periods for
different categories of records, National City will realize significant savings in labor costs,
storage costs, free up filing cabinets and office space, and realize operational efficiencies.
The process has included individual meetings with staff from each department and revisions of
some retention schedules to ensure the records were presented in an easy -to -use, accurate
and complete manner. The appropriate Department Head, the City Clerk, City Manager and the
City Attorney have reviewed and approved all Retention Schedules.
If the Records Retention Manual is approved, the process for destruction of unneeded records
will consist of the preparation of a "Destruction of Temporary Record Notice" by the department
head in whose department the subject records are kept. This Notice contains a list of the
records to be destroyed. The Notice is then reviewed by the City Attorney, and listed records
are approved for destruction if the Notice is in compliance with the department's Retention
Schedule. This administrative process avoids the necessity of the City Council being asked to
approve all destruction of unneeded records.
Fiscal Impact
National City will realize significant savings both in labor and storage expenses; including the
avoidance of future storage and/or construction costs.
Recommendation for Action
Adopt the Resolution.
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING A RECORDS RETENTION
SCHEDULE MANUAL AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS
IN CONFORMANCE WITH STATE STATUTES
WHEREAS, In 2008, National City selected Gladwell Governmental Services,
Inc. to develop a revised records retention manual, including records retention schedules for the
City. An upgrade in the existing program was necessary to reflect organizational changes that
have occurred, to reduce current and future records storage costs, eliminate duplication of
effort, increase efficiency, take advantage of current technology and comply with changes in
law; and
WHEREAS, the City is continuing to update and develop its records
management program, including revising the Records Retention Manual and Records Retention
Schedule for each department. The adoption of these revised retention schedules will result in
efficiency gains and cost savings; and
WHEREAS, the new retention schedules provide clear, specific records
descriptions and retention periods, and apply current law and technology to the management of
National City's records with significant savings in labor costs, storage costs, free -up filing
cabinets and office space, and realize operational efficiencies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby adopt a Records Retention Schedule Manual authorizing destruction
of certain City records in conformance with State statutes.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATE December 2, 2008
19
AGENDA ITEM NO.
ITEM TITLE
PREPARED BY
EXPLANATION
RESOLUTION APPROVING AN AGREEMENT WITH IRON MOUNTAIN, INC. FOR
THE STORAGE OF VITAL CITY RECORDS AND DOCUMENTS.
Michael R. Dalla ' DEPARTMENT City Clerk EXT.
See attached report.
( Environmental Review XX N/A
MIS Approval
Financial Statement
None
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
1. Report
2. Resolution
3. Agreement
4. Pricing Schedule
A-200 (Rev. 7/03)
REPORT
The City Clerk's Office has been storing vital City records and documents
(Minutes, Ordinances & Resolutions) off -site at a secure records storage facility
operated by Iron Mountain for the past five years. The purpose of the off -site
storage is to protect our vital records and documents in the event of a fire or
natural disaster by storing them in a secure, environmentally friendly, climate
controlled facility away from City Hall. An additional benefit of off -site storage is
to free up limited storage space available in City facilities.
All of the records stored at Iron Mountain by the City Clerk's Office are first
digitally scanned into our records management system. That allows the records
to be accessed and utilized without the need to have the originals on site.
The cost to the City for storage is based on the number of boxes stored or a
minimum of $125.00 per month, whichever is greater. The fee schedule is
updated periodically. Currently the City pays the minimum monthly amount of
$125.00. That amount will increase over time as additional boxes are added.
Funds have been approved in the budget for the service provided.
The agreement automatically renews on an annual basis unless written notice is
delivered 30 days prior to the anniversary date.
The City Council previously approved in concept the off -site storage of vital
records and documents; however, no formal action has been taken regarding our
existing arrangement with Iron Mountain. In keeping with the City's efforts to
review and memorialize all existing on -going contracts and agreements it is
recommended that the City Council adopt a Resolution approving our Customer
Agreement with Iron Mountain.
f
IRON MouTAIN"
The Leader in Records & Information Management
CUSTOMER AGREEMENT
Iron Mountain Entity (check one)
Iron Mountain Records
Management, Inc.
Iron Mountain Off -Site
Data Protection , Inc.
Address of Iron Mountain Branch/District Office:
, I
Contract Effective Date: -r ;;1 i
Iron Mountain
Confidential Destruction LI,C
FOR IRON MOUNTAIN PURPOSES ONLY
Account Number:
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Branch/District Cost Center No.:
SIC Code:
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Customer: //
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Billing Address (If Different):
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Street Address: /
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Street or Box No.:
City: State: Zip + 4: '
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City: State:
Zip + 4:
Primary Contact and Title:
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Billing Contact:
Telephone: Fax: `
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Telephone:
E-Mail Address:
Fax:
The Iron Mountain entity checked above, as the contracting entity ("Iron Mountain"), will perform the services described on schedules annexed to this
Agreement either physically or by reference (each a "Schedule"), and Customer will pay Iron Mountain for such services according to the rates and
provisions in the Schedules. All services will be provided subject to the terms and conditions below and on the reverse hereof and in any Schedule.
VALUE OF DEPOSITS. Customer declares, for the purposes of this Agreement, that (a) with respect to hard -copy records, microfilm and
microfiche stored pursuant to this Agreement, the value of such stored items is $1.00 per carton, linear foot of open -shelf files, container or other
hard -copy storage unit, and (b) with respect to round reel tape, audio tape, video tape, film, data cartridges or data cassettes or other non -paper
media stored pursuant to this Agreement, the value of such stored items is limited to the cost of replacing the physical media. Customer
acknowledges that it has declined to declare an excess valuation, for which an excess valuation fee would have been charged.
LIMITATION OF LIABILITY. Iron Mountain's liability, if any, for loss or destruction of or damage to materials stored with Iron Mountain
("Deposits") is limited to the value of each Deposit as described above, or as otherwise set forth on the reverse side hereof. Iron Mountain
reserves the right to provide replacement of media for which liability is limited to replacement cost rather than payment of replacement cost. Iron
Mountain's liability with respect to services not related to storage is the amount paid by Customer for a discrete project or, if less, six months of
fees paid by Customer for such service. Other limitations on Iron Mountain's liability are set forth on the reverse side of this Agreement
CUSTOMER:
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IRON MOUNTAIN
Individual Signing [print name]: /
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Individual Signing_[print name]: , . ,` - , -. .
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Signature: /
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Signature: •
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Title: ,,,-
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Signing Date:
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- IRON MOUNTAIN CORPORATE
MI -31 0 2001 Iron Mountain Incorporated
CANARY - CUSTOMER
PINK - IRON MOUNTAIN DISTRICT'
STANDARD TERMS AND CONDITIONS
(Based on terms and conditions promulgated by profession Records and Information
Services Management, Inc.)
The following terms and conditions shall apply to this Agreement
1. Terms. The term of this Agreement shall commence on the date of Customer's
signature or, if later, the Effective Date set forth on the front side of this
Agreement. The initial term of this Agreement shall continue for one (1) year
after commencement unless otherwise set forth in a Schedule. Unless otherwise
provided in a Schedule, upon expiration of the initial term, the term will continue
with automatic renewals for additional one (1) year terms, unless written notice of
non -renewal is delivered by either party to the other not Tess than thirty (30) days
prior to the expiration date. In the event that Iron Mountain continued to hold
Deposits after the expiration or termination of this Agreement, the terms of this
Agreement shall continue to apply and all of Customer's Deposits have been
removed from Iron Mountain's facility, except that Iron Mountain may adjust rates
upon thirty (30) days' notice.
2. Charges. Rates and charges shall be specific in Schedules. Unless otherwise
provided in a Schedule (i) rates for storage shall remain fixed for the first year of
this Agreement, and may thereafter be changed at any time upon thirty (30) days'
written notice, and (ii) rates for services may be adjusted by Iron Mountain at any
time.
3. Principal Records Services Provider. The charges for records management
and storage set forth in the Schedules are predicated upon the expectation that
Customer will utilize Iron Mountain as its primary commercial provider of records
service and storage (for paper and/or magnetic media, as applicable) for
Customer's locations identified on the Schedules including accretion in records,
during the term of this Agreement. In the event that Customer does not so utilize
Iron Mountain's services, Iron Mountain reserves the right to adjust rates and
charges to the standard list rates and charges then applicable to the services
provided by Iron Mountain to Customer.
4. Authorization; Customer Instructions. Deposits may be delivered pursuant to
direction of Customer's agents identified pursuant to Iron Mountain's standards.
Authority granted to any persons on standard authorization forms shall constitute
Customer's representation that the identified persons have full authority to order
any service for, or disposal or removal of Customer's Deposits. Such orders may
be given in person, by telephone or in writing (fax, electronically or hard -copy).
5. Operational Procedures. Customer shall comply with Iron Mountain's
reasonable operational requirements, as modified from time to time, regarding
containers, delivery/pick-up, volumes, security, access, and similar matters.
Customer acknowledges that volume requests that exceed one hundred twenty-
five percent (125%) of normal volume may require Iron Mountain to incur
additional costs, which Customer will pay at Iron Mountain's overtime rates,
provided that Iron Mountain shall have advised Customer thereof in advance.
6. Force Majeure. Iron Mountain shall not be liable for delay or inability to perform
caused by acts of God, governmental actions, labor unrest, riots, unusual traffic
delays or other causes beyond its control.
7. Governmental Orders. Iron Mountain is authorized to comply with any
subpoena or similar order related to the Deposits, provided that Iron Mountain
3
notifies Customer promptly upon receipt thereof unless such notice is prohibited
by law. Customer shall pay Iron Mountain's reasonable charges for such
compliance. Iron Mountain will cooperate with Customer's efforts to quash or
limit any subpoena, at Customer's expense.
8. Confidentiality. "Confidential Information" means any information concerning or
relating to the property, business and affairs of Customer that is furnished to Iron
Mountain, except for information that was previously known to Iron Mountain free
of any obligation to keep it confidential, is subsequently made public by
Customer or is disclosed by a third party having a legal right to make such
disclosure. Confidential Information shall be held in confidence by Iron Mountain
and shall be used only in the manner contemplated by this Agreement. Iron
Mountain shall use the same degree of care to safeguard Confidential
Information as it utilizes to safeguard its own confidential information.
9. Liability in Event of Loss of Stored Material. Iron Mountain shall not be liable
for any loss or destruction of, or damage to, Deposits, however caused, unless
such loss or damage resulted from the failure of Iron Mountain to exercise such
care as a reasonable careful person would exercise under like circumstances;
Iron Mountain is not liable for Toss or damage which could not have been avoided
by the exercise of such care. If liable, the amount of Iron Mountain's damages is
limited as provided on the front page hereof. Deposits are not insured by Iron
Mountain against loss or damage, however caused. Customer may insure
Deposits through third -party insurers for any amount, including amounts in
excess of the limitation of liability. Customer shall cause its insurers of Deposits
to waive any right of subrogation against Iron Mountain. If Deposits are placed in
the custody of a common carrier for transportation, the common carrier shall be
solely responsible for any loss or destruction of, or damage to, such Deposits
while in the custody of the common carrier.
10. No Product Warranty. Iron Mountain hereby assigns to Customer any
manufacturers' warranties applicable to any products sold by Iron Mountain
pursuant to this Agreement. Iron Mountain provides no warranties related to
products sold. WITH RESPECT TO PRODUCTS SOLD BY IRON MOUNTAIN
TO CUSTOMER, IRON MOUNTAIN MAKES NO EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Liability with Respect to Non -Storage Services. With respect to services no
related to storage of Deposits, Iron Mountain's maximum liability for any loss or
default shall be: (i) if such loss or default relates to a discrete project, the total
fees paid by Customer to Iron Mountain for such project; or (ii) if such loss or
default arises from services that are of an ongoing and continuing nature, the
total amount of fees paid by Customer to Iron Mountain for the performance of
such services during the immediately preceding six-month period.
12. Liability with Respect to Confidential Destruction (by Iron Mountain
Confidential Destruction, LLC). Iron Mountain shall not be responsible or liable
in any manner whatsoever for the release or loss of any materials deposited in
bins or otherwise delivered to it for destruction unless the release or loss is due
to Iron Mountain's gross negligence or willful misconduct. Iron Mountain's
maximum liability for any and all of claims arising with respect to confidential
destruction service shall not exceed the aggregate amount paid by Customer
with respect to Iron Mountain Confidential Destruction services provided during
the six (6) months preceding the event which gives rise to the claim.
13. No Consequential Damages, etc. In no event shall Iron Mountain be liable for
any consequential, incidental, special or punitive damages, regardless of whether
an action is brought in tort, contract or any other theory.
14. Notice of Claims. Claims by Customer must be presented in writing within a '''f
reasonable time, and in no event longer than ninety (90) days after delivery or
return of the Deposits to Customer or ninety (90) days after Customer is notified
that loss, damage or destruction to part or all of the Deposits has occurred.
15. Filing of Actions. No action may be maintained against Iron Mountain for Toss,
damage or destruction of Deposits, unless timely written claim has been given as
provided in Section 14, and unless, such action is commenced either within one
(1) year after (i) the date of delivery or return of the Deposits by Iron Mountain or
(ii) the date Customer is notified that loss, damage or destruction to part or all of
the Deposits has occurred.
16. Notice of Loss. When Deposits have been lost, damaged or destroyed, notice
thereof may be given by mailing a certified letter (return receipt requested) to
Customer. In the event notice of loss, damage or destruction is given by certified
letter, the time limitation for presentation of a claim and commencement of action
or suit begins on the date of Customer's receipt of such notice.
17. Payment. Payment terms are net thirty (30) days. If Customer fails to pay Iron
Mountain's charges (other than disputed charges) within forty five (45) days after
the date of an invoice, Iron Mountain my, at its option: (a) refuse access to
Deposits, (b) suspend service, (c) redeliver Deposits to Customer or (d)
terminate this Agreement. Customer shall be liable for late charges at the rate of
fifteen percent (15%) per annum, compounded monthly, on unpaid balances and
all expenses incurred in collection, including reasonable attorney's fees. If
Customer is consistently delinquent (defined as being late in payment of any ''✓
three (3) or more undisputed invoices in a 12-month period) and/or upon the
expiration or termination of this Agreement, Iron Mountain may require payment
by certified check prior to performance of services, including delivery of Deposits.
Upon default by Customer, Iron Mountain shall have other rights and remedies
as may be provided by law. In the event Iron Mountain takes any action pursuant
to this Section, it shall have no liability to Customer or anyone claiming by or
through Customer.
18. Ownership Warranty. Customer warrants that it is the owner or legal custodian
of the Deposits and has full authority to store the Deposits and direct their
disposition in accordance with the terms of this Agreement. Customer shall
reimburse Iron Mountain for any expenses reasonably incurred by Iron Mountain
(including reasonable legal fees) by reason of Iron Mountain's complying with the
instructions of Customer in the event of a dispute concerning the ownership,
custody or disposition of Deposits stored by Customer with Iron Mountain.
19. Restrictions on Stored Materials: Customer Premises. Customer shall not
store with Iron Mountain any material that is highly flammable, explosive, toxic or
otherwise dangerous or unsafe to store or handle, or any material which is
regulated under any federal or state law or regulation relating to the environment
or hazardous materials. Customer shall not store negotiable instruments,
jewelry, check stock or other items that have intrinsic value. All Customer's
premises where Iron Mountain's employees perform services or make deliveries
hereunder shall be free of hazardous substances and any other hazardous or
dangerous conditions.
5
20. Software Licenses. If access to or use of Iron Mountain inventory management
software and computer programs (the "Software") is provided hereunder as set
forth in a Schedule, Iron Mountain hereby grants Customer a limited,
nonexclusive license to use the Software solely in conjunction with records
storage services provided by Iron Mountain during the term of this Agreement.
Customer acknowledges that all Software and the inventory management system
comprised of the Software belong to Iron Mountain. During the term of this
Agreement, Iron Mountain shall have the exclusive right to use Deposit inventory
information to provide records management services to Customer, upon
expiration of this Agreement, Iron Mountain shall have the right to maintain
inventory information for record -keeping purposes.
21. Modifications to Add Customer Locations Services. In the event that
Customer locations or lines of service are added to or deleted from this
Agreement, the term of this Agreement shall not change unless the parties so
agree. Pricing adjustments for all Customer's locations and/or services under
this Agreement may be made on dates pricing adjustments are permitted under
Section 2, regardless of the dates when new locations or services are added.
Any modification of Customer locations serviced or lines of services provided will
be effected by an amendment of this Agreement or a Schedule.
22. Performance of Services by Subsidiaries. Certain lines of service may be
performed by a subsidiary of Iron Mountain Incorporated other than the entity
identified as the contracting party at the head of this Agreement. In such event,
such subsidiary will perform such service as a subcontractor to the Iron Mountain
contracting entity. The subcontracting entity may invoice Customer directly, but
the original Iron Mountain contracting entity will remain liable for all services
performed for Customer.
23. Miscellaneous. This Agreement binds the successors and assigns of the
respective parties and cannot be changed orally. This Agreement may not be
assigned by the Customer (other than to an affiliate which shall assume the
obligations of its assignor by written instrument) without the written consent of
Iron Mountain, which shall not be unreasonably withheld or delayed. Any notice
made pursuant to this Agreement may be given in writing at the addresses sent
out on the front side hereof until written notice of change of address has been
received. Notices to Iron Mountain shall be sent to the attention of its General
Manager at such address. Iron Mountain shall have, and may exercise, all rights
granted to warehousemen by the Uniform Commercial Code as adopted in the
state where the Deposits are stored. In the event of inconsistency between
these printed Terms and Conditions and the terms of a Schedule, the Schedule
shall prevail.
G
Confidential Page 2
SCHEDULE A
RECORDS MANAGEMENT PROGRAM PRICING SCHEDULE
This Pricing Schedule is incorporated into and made part of the Customer Agreement ("Agreement")
between Iron Mountain Information Management, Inc., (the "Company" or "Iron Mountain") and CITY
OF NATIONAL CITY, (the "Customer").
Please sec our Customer Information Center at cic.ironmountain.com for a Glossary with definitions of
the terms used in this Pricing Schedule and an explanation of how "Linear Foot" and "Cubic Foot" are
determined for billing purposes. Billable sizes for non standard Cartons are determined on the basis of
displacement of space in comparison to a Standard Archive Carton and are larger than the physical size.
In addition, restrictions apply to volume and/or stated timeframes for some service transaction types and
these may be found in the Glossary under each service type.
This Records Management Pricing Schedule supersedes and terminates any prior Records Management
Pricing Schedule and/or Schedule A existing between Iron Mountain and the Customer for the account(s)
noted below.
Effective Date
District Name/Number
Customer Name
Customer Number
July 1, 2008
San Diego - 01322
CITY OF NATIONAL CITY
SD192
STORAGE
Storage at Iron Mountain facilities of Customer records ("Deposits" or
"Items".)
Description Price Per
Canon Storage
Storage Minimum
$0.366 Cubic Foot
S125.00 Month
Storage charges are billed monthly in advance.
PROGRAM MANAGEMENT SERVICES
Regular Services arc provided between 8:00 AM and 5:00 PM, Local
time, Monday through Friday, excluding holidays.
Receiving and Entering Cartons — Receipt of new cartons for storage.
Description
Carton
Price
$1.73
Per
Cubic Foot
Retrievals/Refiles — Temporary removal of Items from, or return of
Items to, storage. Retrieval service may be "Regular" or "Rush".
Description Price Per
Regular Retrieval - Canon $2.87 Cubic Foot
Regular Rcfilc - Carton S2.87 Cubic Foot
Regular Retrieval - File from Carton $4.31 File
Regular Refile - File to Carton $4.31 File
Regular Interfile - File S3.56 Each
Rush Retrieval - Carton S5.85 Cubic Foot
TBD: To be determined, call for quote
SDt92-2
Confidential Page 3
PROGRAM MANAGEMENT SERVICES (CONTINUED)
Description Price Per
Rush Retrieval - File from Carton $8.78 File
Archival Destruction — Retrieval, documentation, preparation, and
secure shredding of Items stored at Iron Mountain.
Description Price Per
Archival Destruction Service -Carton $2.87 Cubic Foot plus
Regular Retrival
Charge
Archival Destruction Service -File by Carton $2.98 File plus
Regular
Retrieval
Charge
Permanent Withdrawal — Retrieval, documentation, and preparation at
Iron Mountain loading dock for permanent removal of Items stored at
Iron Mountain facilities.
Description Price Per
Permanent Withdrawal - Carton $2.87 Cubic Foot plus
Regular
Retrieval
Charge
Permanent Withdrawal - File 52.84 File plus
Regular
Retrieval
Charge
Miscellaneous Services — Charges for Services not specifically listed on
this Pricing Schedule, or at cic.ironmountain.com/additionalservices, are
charged on the basis of hourly labor, in fifteen minute increments, plus
materials consumed.
Description Price Per
Labor $51.63 Hour
Minimum Service Order Charge — Minimum charge for an Order,
excluding transportation related services.
Description Price Per
Minimum Service Order Charge $7.93 Order
Management Services are billed monthly in arrears.
Individual Listing of Files — Data entry of file descriptions into Iron
Mountain database.
Description Price Per
Individual Listing $0.34 File
Additional Services beyond those listed in this Pricing Schedule are
available. For services descriptions, please go to Additional Services
at cic.ironmountain.com/additionalservices.
TBD: To be determined, call for quote
8
SD192-3
Confidential Page 4
TRANSPORTATION SERVICES
Regular Delivery Service
Next Day Delivery — Order by 3:00 PM for delivery next Business Day.
$18.14 per Transportation Visit, plus Handling Charge of $2.18 per
Cubic Foot
Half Day Delivery — Order by 10:00 AM for delivery same Business
Day; or Order by 3:00 PM for delivery next Business Day by 12:00 PM.
$27.72 per Transportation Visit, plus Handling Charge of $2.18 per
Cubic Foot
Rush Delivery Service
Rush Delivery - Business Day — Delivery within 3 hours of placement of
order (for orders received not later than 2:00 PM) on a Business Day.
$60.48 per Transportation Visit, plus Handling Charge of $2.18 per
Cubic Foot
Rush Delivery - Weekends/Holidays/After Hours — Delivery within 4
hours of placement of order.
$122. 19 per Transportation Visit, plus Handling Charge of $2.18 per
Cubic Foot
Pickup Service
Regular Pickup — Pickup orders placed before 4:00 PM on a Business
Day will be picked up within the following two Business Days.
$18.14 per Transportation Visit, plus Handling Charge of $2.18 per
Cubic Foot
Rush Pickup - Business Day — Pickup orders placed before 4:00 PM on
a Business Day will be picked up on the following Business Day.
$60.48 per Transportation Visit, plus Handling Charge of $2.18 per
Cubic Foot
T BD: To he determined, call for quote
SD 192-4
Confidential Page 5
TRANSPORTATION SERVICES (CONTINUED)
Fuel Surcharge Policy
A Fuel Surcharge is applied monthly based upon changes in the price of
diesel fuel as published by the US Department of Energy. This charge is
calculated monthly and included as a percentage of transportation related
service charges. The current monthly Fuel Surcharge information can be
found on the website at cic.ironmountain.com/FuelSurcharge.
Transportation Services are billed monthly in arrears.
All other services, not specifically listed, will be charged at Iron
Mountain's then current rates.
TBD: To be determined, call for quote
/0
SD! 9_ - 5
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
RATIFYING AN AGREEMENT WITH
IRON MOUNTAIN, INC., FOR THE STORAGE
OF VITAL CITY RECORDS AND DOCUMENTS
WHEREAS, the City Clerk's Office has been storing vital City records and
documents (minutes, ordinances, and resolutions) off -site at a secure records storage facility
operated by Iron Mountain for the past five years; and
WHEREAS, the Agreement automatically renews on an annual basis unless
written notice is delivered 30 days prior to the anniversary date; and
WHEREAS, in keeping with the City's efforts to review and memorialize all
existing on -going agreements, it is recommended that the City Council ratify the City's Service
Agreement with Iron Mountain, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ratifies the
City's Agreement with Iron Mountain, Inc., for the storage of vital City records and documents.
Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 2nd day of December, 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 December2, 2008
20
AGENDA ITEM NO.
ITEM TITLE
Warrant Register #19 for the period of 10/29/08 through 11/04/08 in the
Amount of $1,500,453.97
PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT.
Jeanette Ladrido
EXPLANATION 619-336-4331
Per Government Section Code 37208, attached are the warrants issued
for the period of 10/29/08 through 11/04/08.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor
City of Chula Vista
Health Net
Kaiser Health
Payroll
Check#
223726
223744
223749
Various
Amount
80,016.50
66,702.92
132,288.19
484,958.63
Explanation
Sept '08 Svcs
Health Ins. Nov '08
Health Ins. Nov '08
PPE 10/20/2008
1
Environmental Review
N/A
MIS Approval
Financial Statement
Not applicable.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $1,500,453.97
BOARD / COMMISSION RECOMMENDATI
1 Warrant Register
19
ATTACHMENTS ( Listed Below )
Resolution No.
A-200 (Rev. 7/03)
+r- C:417'F9
NIA -4
1/3
PAYEE
THE WESTIN SAN FRANCISCO
AEARO CO/AOSAFETY
AMERICAN ROTARY BROOM CO., INC
AT&T/MCI
AT&T/MCI
AT&T/MCI
BABAKI
BANK OF AMERICA
BCM CUSTOMER SERVICE
BLACKIE'S TROPHIES AND AWARDS
BOND LOGISTIX
BOOT WORLD
BROWN MARKETING STRATEGIES
CAPF
CALIFORNIA ELECTRIC SUPPLY
CALIFORNIA LAW ENFORCEMENT
CDWG
CEB
CEB
'EVRON & TEXACO BUSINESS CARD
.`,.ILDREN'S HOSPITAL
CINGULAR WIRELESS
CITY OF CHULA VISTA
CITY OF CHULA VISTA
CORPORATE EXPRESS
D-MAX ENGINEERING INC
DAPPER TIRE COMPANY
DATA TICKET INC
DELL MARKETING CORP
DELTA DENTAL
DEPARTMENT OF CONSERVATION
DIXIELINE LUMBER CO.
DREW FORD
DSL EXTREME
EXPRESS TEL
FENTON
FERGUSON ENTERPRISES, INC
FLEET SERVICES, INC
G & A AUTO AIR CONDITIONING
HARRIS
HD SUPPLY
HEALTH NET
HEALTH NET
HEALTH NET
ALTH NET
`' J ENTERPRISE
JOHN DEERE LANDSCAPES
KAISER FOUNDATION HEALTH PLANS
NATI
C- INCORPORATED
WARRANT REGISTER # 19
11/4/2008
DESCRIPTION
LATINO LEGISLATIVE CAUCUS
SAFETY GLASSES - PW
MOP #62683 SWEEPER REPAIRS
PHONE XXX-7549 SEPT 2008
PHONE XXX0986 10/07-11/06/08
PHONE XXX-3833
MEDIA RELAT FOR LAW ENFORCMT
CREDIT CARD EXPENSES - PD
DATA CENTER HVAC MAINTENANCE
MOP 67727 NAME TAGS - PD
INTERM ARBITRAGE REBATE REPORT
MOP #64096 SAFETY BOOTS (FOWLER)
CONSULTANT
FIRE/LTD NOV 2008
MOP #45698 ELECTRICAL MATERIALS
PD/LTD NOV 2008
SANDISK CRUZER MICRO USB
CA CIVIL LITIGATION FORMS
CA ADMINISTRATIVE HEARING
MOP #45699 FUEL
CHILD SEXUAL ABUSE EXAMS
PD WIRELESS 09/06-10/05/08
ANIMAL SHELTER COSTS
SEPTEMBER 2008
MOP 45704 OFFICE SUPPLIES - NBHD
SEPTEMBER 2008 SERVICES
TIRES FOR CITY FLEET
PC PROCESSING, APPEALS - SEPT 2008
HARD DRIVES FOR EMAIL SERVER
DENTAL INS NOV 2008
ADDITIONAL SMIP FEES 3RD QRTR
MOP 45707 TAPE - PLAN
MOP #49078 LAMP ASSEMBLY
DSL DATA LINE FOR REC CENTER
EXPRESS TEL AS NEEDED LONG DISTANCE
COMMITTE COURT TRAINING - ATTY
MOP #45723 PLUMBING MATERIALS
MOP67804 CONTAINER VALVE, CHAMBER
A/C COMPRESSOR
REFUND DISMISSED CITATION
WHL 4908 RATCHET PIPE CUTTER
HEALTH INS H0067A NOV 2008
HEALTH INS NOV08 57135J
HEALTH -FULL NETWORK 57135A
HEALTH-RET INS H0067F NOV 2008
CITY WIDE ALARM MONITORING
HORTICULTURE SEMINAR FEE
KAISER INS ACTIVE NOV 2008
CHK NO DATE AMOUNT
223703 11/3/08 908.00
223704 11/4/08 106.75
223705 11/4/08 229.74
223706 11/4/08 21,259.57
223707 11/4/08 5,576.42
223708 11/4/08 50.73
223709 11/4/08 442.20
223710 11/4/08 455.00
223711 11/4/08 300.00
223712 11/4/08 43.50
223713 11/4/08 3,250.00
223714 11/4/08 125.00
223715 11/4/08 4,800.00
223716 11/4/08 640.00
223717 11/4/08 1,004.05
223718 11/4/08 1,677.00
223719 11/4/08 845.36
223720 11/4/08 159.20
223721 11/4/08 105.65
223722 11/4/08 15.54
223723 11/4/08 394.00
223724 11/4/08 2,258.64
223725 11/4/08 8,347.11
223726 11/4/08 80,016.50
223727 11/4/08 1,015.37
223728 11/4/08 12,227.45
223729 11/4/08 285.43
223730 11/4/08 1,157.25
223731 11/4/08 1,712.73
223732 11/4/08 14,791.30
223733 11/4/08 1,327.87
223734 11/4/08 26.08
223735 11/4/08 163.53
223736 11/4/08 164.49
223737 11/4/08 330.67
223738 11/4/08 108.23
223739 11/4/08 449.46
223740 11/4/08 142.38
223741 11/4/08 1,490.22
223742 11/4/08 50.00
223743 11/4/08 467.76
223744 11/4/08 66,702.92
223745 11/4/08 685.94
223746 11/4/08 12, 885.95
223747 11/4/08 1,617.60
223748 11/4/08 195.00
223749 11/4/08 450.00
223750 11/4/08 132,288.19
2/3
PAYEE
KAISER FOUNDATION HEALTH PLANS
KIWANIS CLUB OF NATIONAL CITY
LASER SAVER INC
LIEBERT CASSIDY WHITMORE
LOCAL GOVERNMT COMMISSION
LOCAL GOVERNMT COMMISSION
MANPOWER OF SAN DIEGO
METROCALL
MORE DIRECT
MX LOGIC, INC
NAPA AUTO PARTS
ORCUTT
ORKIN PEST CONTROL
PERRY FORD
PHILLIPS
PRIME SPORTS SALES & DESIGN
PROGRESSIVE SOLUTIONS INC.
PRUDENTIAL OVERALL SUPPLY
RAY ALLEN MFG INC
RELIANCE STANDARD
RESENDIZ
ROCKHURST UNIV CONT EDUC CTR
SAN DIEGO COUNTY BAR ASSOC
SAN DIEGO COUNTY BAR ASSOC
SAN DIEGO COUNTY BAR ASSOC
SAN DIEGO SPEEDO TACH, INC.
SD BMW MOTORCYCLES
SMART & FINAL
SOUTHERN CALIF TRUCK STOP
SSDTTF
STARTECH COMPUTERS
STRATACOM
SUN BADGE COMPANY INC.
SYSCO SAN DIEGO
THE PUBLIC RETIREMENT JOURNAL
THE SAN DIEGO UNION TRIBUNE
U S BANK CORPORATE PAYMT SYS
U S HEALTHWORKS
UNITED RENTALS
VALLEY INDUSTRIAL SPECIALTIES
VCA MAIN ST ANIMAL HOSPITAL
VERIZON WIRELESS
VULCAN MATERIALS COMPANY
WATERLINE TECHNOLOGIES
WEST GROUP PAYMENT CENTER
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
COMMUNITY BANK
INCORPORATED
WARRANT REGISTER # 19
11/4/2008
DESCRIPTION
KAISER RET INS NOV 2008
KIWANIS CLUB DUES ASSESSMENT
MOP 45725 TONERS PLANN
RETAINER AGREEMENT SEP 2008
MEMBERSHIP RENEWAL MAR 08-09
MEMBERSHIP RENEWAL JUL 08-09
WEEK ENDING 7-27-08
PD PAGERS
ADOBE ACROBAT STD 9 WIN 300PTS
SPAM EMAIL FILTERING/WEB SVCS
MOP #45735 BRAKE DRUMS
REIMB - ROCKHURST UNIV PUBLICATION
PEST MAINTENANCE FOR CITY BLDGS
MOP #45703 REPLACE TRANS COOLER
REIMB - REGISTRATION FEE
POLO SHIRT #K501
50% BALANCE DUE LICENSE TRACK WEB
MOP #45742 UNIFORMS - PARKS
RAM MUZZLE, SIZE RAM 7
VTL NOV 2008
REFUND DUPLICATE CITATION
MEMBERSHIP & SUBSCRIPTIONS
2009 MEMBERSHIP DUES ID 19021
2009 MEMBERSHIP DUES ID 2741
2009 MEMBERSHIP DUES ID 2579
SPEEDOMETER CALIBRATION
REPAIRS & MAINTENANCE OF POLICE
MOP 45756 TOWER OF TERROR
MOP #45758 ULTRA LOW SULFUR
CSI ADVANCED TRAINING
MOP 61744 COMPUTER SUPPLIES
BUDGET BOOKS
BADGE REPAIRS, REBANNER
PAYMENT ADJUSTMENT
REGISTRATION FEE -TRAINING SEM
NEWSPAPER SUBSCRIPTION
CREDIT CARD FEES - PD
MEDICAL SERVICES
GENERATOR
MOP46453 MIP ELBOW, VALVE
K9 VET CARE
CELL PHONES 09/22-10/21/08
SHEET AND COLD MIX ASPHALTS
MUNICIPAL POOL CHEMICALS
BILLING PERIOD 9/21/08 - 10/20/08
MOP #63850 HOSE ASSEMBLY, SEALANT
MOP 45763 USB FLASH DRIVE - MIS
RETENTION EST #4, 5, 6
CHK NO
223751
223752
223753
223754
223755
223756
223757
223758
223759
223760
223761
223762
223763
223764
223765
223766
223767
223768
223769
223770
223771
223772
223773
223774
223775
223776
223777
223778
223779
223780
223781
223782
223783
223784
223785
223786
223787
223788
223789
223790
223791
223792
223793
223794
223795
223796
223797
223798
DATE
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
11/4/08
AMOUNT
4,325.40
40.00
674.87
1,300.00
125.00
75.00
2,534.40
884.16
15,804.42
441.00
216.08
109.96
40.00
699.90
225.00
407.30
7,450.00
254.57
405.95
2,150.19.ver,
35.00
249.00
195.00
180.00
180.00
252.00
1,990.69
317.43
97.02
483.00
784.66
2,066.66
379.66
25.73
1,140.00
45.17
90.06
100.00
295.74
201.76
889.59
10,184.04
1,320.94
833.9E
'NS
109.63
41.56
20,591.17
3/3
PAYEE
CORPORATE EXPRESS
DIXIELINE LUMBER CO.
GARCIA SALAS
GTC SYSTEMS INC
LOPEZ
PRUDENTIAL OVERALL SUPPLY
U S HEALTHWORKS
WESTFLEX INDUSTRIAL
XEROX CORPORATION
PAYROLL
Pay period Start Date
22 10/7/2008
C A l F, 9 1v A
•
NA-
�- tNCORPOAATED `J
WARRANT REGISTER # 19
11/4/2008
DESCRIPTION
MOP 45704 OFFICE SUPPLIES - CD
MOP 45707 PAINTING SUPPLIES - CD
TRANS FURNITURE FROM SD TO NC
HEALTHY HOMES DATABASE
TRANSLATION INTO SPANISH
MOP 45742 STREET UNIFORMS - CD
MEDICAL SERVICES CDC
COMMUNITY LOAN REIMB
XEROX MACHINE LEASE
End Date Check Date
10/20/2008 10/29/2008
CHK NO DATE
223799 11/4/08
223800 11/4/08
223801 11/4/08
223802 11/4/08
223803 11/4/08
223804 11/4/08
223805 11/4/08
223806 11/4/08
223807 11/4/08
A/P Total
A/P Total
AMOUNT
423.58
244.21
250.00
12,748.97
1,367.76
40.02
190.00
2,994.73
646.24
484,958.63
1,015,495.34
484,958.63
GRAND TOTAL $ I,500,453.97
+r- GALI;F,,ORN1A --f
N I Cf y
INCORPORATED
Warrant Register # 19
11/4/2008
001 GENERAL FUND
104 LIBRARY FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
111 P.O.S.T. FUND
125 SEWER SERVICE FUND
158 SWIMMING POOL REVOLVING FUND
166 NUTRITION
171 LIBRARY SCHOOL DISTRICT CNTRCT
172 TRASH RATE STABILIZATION FUND
173 NATIONAL SCHOOL DIST CONTRACT
174 SWEETWATER SCHOOL DIST CONTRAC
191 STOP PROJECT
211 SECURITY AND ALARM REGULATION FUND
212 PERSONNEL COMPENSATION FUND
230 ABANDONED VEHICLE ABATEMENT GRANT
246 WINGS GRANT
261 CDC DEBT SERVICE FUND
282 REIMBURSABLE GRANTS CITYWIDE
290 POLICE DEPT GRANTS
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
643 MOTOR VEHICLE SVC FUND
724 COBRA/RETIREE INSURANCE
964,421.57
28, 560.28
21,256.28
3,565.54
1,096.14
31, 760.55
1,971.76
12,766.43
1,606.32
1,633.07
1,157.83
5,418.64
2,910.62
1,062.11
1,356.73
3,344.68
38,172.97
3,250.00
141.55
9,002.62
1,126.14
87,493.00
6,040.73
1,458.90
22,040.75
92,876.67
14,168.91
23,662.45
4,028.42
5,540.75
12, 599.06
10,568.39
43,191.21
18,390.50
16,025.45
6,786.95
1,500,453.97
NIS
City of National City, California
COUNCIL AGENDA STATEMENT
21
FETING DATE AGENDA ITEM NO.
/ ITEM TITLE Warrant Register #20 for the period of 11/05/08 through 11/11/08 in the
Amount of $565,188.81
PREPARED BY D. Gallegos -Finance DEPARTMENT Finance
EXPLANATION Jeanette Ladrido
619-336-4331
Per Government Section Code 37208, attached are the warrants issued
for the period of 11/05/08 through 11/11/08.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor Check# Amount Explanation
SDG&E 223890 59,166.69 Utilities
Tristar 223903 55,679.27 Worker's Comp
Pyatok Architects 223920 73,038.80 Paradise Creek
CEnvironmental Review N/A
Financial Statement
Not applicable.
STAFF RECOMMENDATION
Approved By:
Finance Director
Account No.
Ratification of warrants in the amount of $565,188.81
BOARD / COMMISSION RECOMMENDATION
Warrant Register
ATTACHMENTS
Q
���QLaC mac.
( Listed Below) Resolution No.
A 200 i9 99,
1 of 5
Payee
SAN DIEGO UNION TRIBUNE
SST) SYSTEMS
THE, PUBLIC RETIREMENT JOURNAL
WELLS FARGO BANK
AIRGAS-WEST
ALL FRESH
ALL POINTS PUBLIC FUNDING, L.LC
AMERICAN LUNG ASSOC OF CA
AMERICAN ROTARY BROOM CO.. INC
ARCO GASPRO PLUS
``„I SSI SECURITY
CAL EXPRESS
CALIFORNIA BAKING CO.
CALIFORNIA POLICE CHIEFS'
CI)WG
CINGULAR WIRELESS
CINTAS DOCUMENT MANAGEMENT
CLAIMS MANAGEMENT ASSOCIATES
CORPORATE EXPRESS
COUNTY OF SAN DIEGO
CSMFO SAN DIEGO CHAPTER
DELL MARKETING CORP
DELTACARE (PMI)
DEPARTMENT OF "TRANSPORTATION
DIAMOND ENVIRONMENTAL SVCS
Nit
INCORPORATED
WARRANT REGISTER # 20
11 / 11 /2008
Description
AD LEGAL NOTICES PUBLICATION
SSD PROGRAM LABOR
REGISTRATION FEE. -(RAINING SEM
CREDIT CARD EXP
MOP #45714 SAFETY APPAREL
FOOD/CONSUMAI3LES
NEW FIRE TRUCK#2 LEASE PMT#14
SUBRECIPIENT AGREEMENT REIMB
MOP #62683 SWEEPER REPAIRS
FUEL FOR CITY FLEET
REPAIR PANIC BUTTONS
ATTEMPTED TO SERVE SUI3POENA
BREAD PRODUCTS
EXECLPTIVE ASSISTANT COURSE
ADOBE PHOTO CS4 FOR WINDOWS
PD WIRELESS 09/21- 10/20/08
MONTHLY SIIREDDING
CLAIM COSTS/FINAL. INVOICE
TENNSCO JUMBO STORAGE
FARAD CREEK EDUC 304 W 18TII ST
CFMFO1CMTA LUNCHEON - G 11OOD
300GB IIARI) DRIVES, SCSI
DENTAL INS PMI NOV 2008
HIGHWAY LIGHTING
PORTABLE RESTROOM
chk no
223808
223809
223810
223811
223812
223813
223814
223815
223816
223817
223818
223819
223820
223821
223822
223823
223824
223825
223826
223827
223828
223829
223830
223831
223832
chk date
11/5/08
11/5/08
11/5/08
1 1 /6/08
I I/I 1/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/I1/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
Amount
1,292.80
9,953.09
760.00
607.82
209.61
1,842.19
19,613.22
31,755.16
459.48
31,941.50
425.00
98.00
207.70
395.00
1,629.09
122.80
72.95
442.00
2,955.89
238.00
30.00
6,681.43
3,327.40
2,918.26
486.66
1
2 of 5
INCOni.oiskrEo
WARRANT REGISTER # 20
11 / 11 /2008
Payec Description chk no chk date Amount
DIXIELINE LUMBER CO. MOP 45707 MATERIALS - CS 223833 1 1/1 1/08 2,1 12.83
DOUCI lTE 125 PLANN REIMBURSEMENT 223834 I I/11/08 355.55
DREW FORD MOP #49078 LINK 223835 11/11/08 176.44
DURRA INK MOP 46766 FOCUS N C NEWSLETTER 223836 11/11/08 10,073.26
EMPLOYMENT DEVELOPMENT DEPT UNEMPLYMNT REIMB JUL-SEP 2008 223837 1 1/1 1/08 9,497.00
ENVIRONMENTAL HAZARDS SERVICES DUST WIPE SAMPLES ANALYZED 223838 11/11/08 168.00
FSGIL CORPORATION PLAN CHECKING SVCS OF BUILDING 223839 1 1/1 1/08 30,223.76
FEDERLE TRAINING - AEO 223840 11/11/08 201.00
FERGUSON ENTERPRISES, INC MOI' 445723 PIPE, TAPE, CEMENT 223841 1 1/1 1/08 420.68
FLEET SERVICES, INC MOP #67804 JOINTS, STRAP, YOKES 223842 11/11/08 154.56
FON-JON KENNELS KENNEL, FEES FOR POLICE K9'S 223843 11/11/08 225.00
GII' REIMB FOR AIRFARE-CACEO TRAINING 223844 11/11/08 438.00
G'1'C SYSTEMS INC PROFESSIONAL. NETWORK SERVICES 223845 11/11/08 682.50
HD SUPPLY PLUMBING MATERIAL. OVER COUNTER 223846 11/11/08 359.50
HERNANDEZ BASIC SWAT COURSE - PD 223847 1 1/1 1/08 1,488.00
IIONEYWEL.L INC. REPAIRS 223848 11/11/08 2,377.95
HYDRO-SCAPE PRODUCTS INC. MOP #45720 SPRINKLER NIPPLES 223849 1 1/1 1/08 673.07
INDEPENDENT FORENSIC SERVICES SARI EXAMS 223850 1 1/1 1/08 825.00
INTI. TRAINING RESOURCES 1.I.0 SWAT COURSE REGISTRATION FEE 223851 11/11/08 800.00
J & M KEYSTONE INC CITY WIDE CARPET CLEANING 223852 11/11/08 1,447.13
JC TOWING MOP 68862 TOWING SVC - PD 223853 11/11/08 100.00
JOHN PALMER PAINTING COMPANY STATION #31 REMODEL 223854 1 1/1 1/08 7,830.00
JUDO ELECTRIC LAE3OR/MATERIALS FOR LIFT REPAIRS 223855 1 1/11/08 5,965.00
KAMAN INDUSTRIAL TECIINOLOGIES 11/4 SABERTOOTH SPROCKET 223856 11/11/08 111.32
KASEYANORTII AMERICA PROFESSIONAL EDITION VSA/AGENT 223857 11/11/08 22,500.00
Nero
2
3 of 5
IHc6RPOHATvD
WARRANT REGISTER # 20
11/11/2008
Payee Description chk no chk date Amount
KEYSER MARSTON ASSOC. ECONOMIC ANALYSIS 223858 11/1 1/08 11,000.00
LINCOLN EQUIPMENT INC. REPLACEMENT PARTS & MATERIALS 223859 11/11/08 339.51
LOZADA REFUND PARKING CIT OVERPAY 223860 1 1/1 1/08 112.00
MAGGIORA 125 PLANN REIMBURSEMENT 223861 11/11/08 137.62
MAN K-9 INC. K9 MAINTENANCE TRAINING - OCT08 223862 1 1/1 1/08 800.00
MANPOWER OF SAN DIEGO WEEK ENDING 09/14/08 223863 1 1/1 1/08 1,254.40
MA ITHEW BENDER & COMPANY RENEWAL/WEBSITE ANNUAL STORAGE 223864 1 1/1 1/08 495.00
MAYER IIOFFMAN MCCANN P.C. "THIRD BILLING/CNC AUDIT JI.M'08 223865 1 1/1 1/08 5,000.00
MCGUIRE DISTRIBUTION MILK PRODUCTS 223866 11/11/08 383.40
MISSION UNIFORM SERVICE LINEN SUPPLIES 223867 1 1/11/08 56.67
``.'"'MONTGOMERY KONE, INC. ELEVATORS REPAIRS/MAINTENANCE 223868 11/11/08 3,241.62
MORE DIRECT IIARD DRIVES 223869 1 1/1 1/08 2,615.44
NAGLE SHIPPING REIMBURSEMENT - PD 223870 11/11/08 80.54
NATIONAL CITY AUTO TRIM R&M CITY VEHICLES 223871 1 1/1 1/08 225.11
NATIONAL CITY CAR WASH CAR WASIIES FOR CITY FLEET 223872 11/11/08 456.00
NOWDOCS INTERNATIONAL, INC. CHECK STOCK, GREEN BOTTOM 223873 11/11/08 375.77
PACIFIC AUTO REPAIR LABOR, CIILiCK ENGINE LIGITT 223874 1 I/11/08 514.89
PACIFICA REO PARTIAL REFUND OF TIME EXTEN 223875 11/11/08 1,000.00
PARTS PLUS AUTOSTORE #711 64946 V-BELTS, FILTERS, FUEL FILTERS 223876 11/1 1/08 381.93
PERRY FORT) ECC TEST, REPLACED PURGE VALVE 223877 11/11/08 2,886.12
PERVO TRAFFIC CENTER MOP #63846 SPECIAL SIGNS 223878 11/11/08 309.06
POWERSTRIDE BATTERY CO INC MOP 467839 AUTO BATTERY 223879 11/11/08 335.82
PROCHEM SPECIALTY PRODUCTS INC SOCK FILTER FOR KT 223880 11/11/08 59.81
PRUDENTIAL OVERALL SUPPLY MOP #45742 UNIFORMS - PARKS 223881 1 1/1 1/08 419.57
QUESTYS SOLUTIONS GOLD LEVEL ANNUJAL. MAINTENANCE 223882 1 1/1 1/08 19,904.46
L.•
3
4 of 5
WARRANT REGISTER # 20
I I / 11 /2008
Payee Description chk no chk date Amount
R.J. SAFETY SUPPLY SHOCK AI3SORBING LANYARD 223883 11/11/08 329.72
REGIONAL COMMUNICATIONS SYSTEM COMMUNICATIONS SYS - OCT 2008 223884 1 1/1 1/08 9,089.50
SAM'S ALIGNMENT UPPER I3AI.l, JOINTS 223885 1 1 / 1 1/08 1,729.59
SAN DIEGO MIRAMAR COLLEGE REGIONAL OFFFICER TRAINING 223886 1 1/1 1/08 90.00
SAN DIEGO PARTY RENTALS WIIITE CANOPY 223887 1 1/1 1/08 2,210.00
SAN DIEGO SPEEDO TACII. INC. SPEEDOMETER CALIBRATION 223888 11/11/08 195.00
SASI PROCESS CHRG 1 1 /01 /08-01 /31 /09 223889 11/11/08 423.00
SDG&E FACILITIES DIVISION 223890 11/11/08 59,166.69
SILVA 125 PLANN REIMBURSEMENT 223891 1 1/1 1/08 2,422.98
SMART & FINAL MOP 45756 MISCELLANEOUS - CS 223892 11/11/08 445.19'
SO CAL SHUTTERS & BLINDS WINDOW COVERING 223893 1 1/1 1/08 636.19
SOUTH BAY FOUNDRY GALVANIZED GRATE 223894 1 1/1 1/08 150.85
S I RATACOM MOP 63845 BUSINESS CARDS - FIRE; 223895 1 1/1 1/08 126.15
SUN TRUST NEW FIRE TRLJCK#I PAYMTH57 223896 1 1/1 1/08 5,009.63
SWEETWAI ER AU UIORITY STREET DIVISION 223897 1 1/1 1/08 583.93
SYSCO SAN DIEGO FOOD/CONSUMABI.ES 223898 11/11/08 3,483.32
THE CAD ZONE,INC. CRASIIZONE VERSION 8 223899 1 1/1 1/08 4,088.00
THE LINCOI,N NATIONAI. LIFE INS. LIFE & AD&D ST'D LTD NOV 2008 223900 1 1/1 1/08 6,780.28
THE SAN DIEGO UNION TRIBUNE NOTICE OF BALLOT MEASURE 223901 11/11/08 537.60
TOM MOYNAHAN MOP 45734 TOWING SVCS - PD 223902 1 1/1 1/08 50.00
T'RISI'AR RISK MANAGEMENT WORKER'S COMP REPLENISHMENT 223903 1 1/1 1/08 55,679.27
TURF MAKER PREMIUM BLEND SEEDS -APPLAUD 223904 11/11/08 339.84
U S BANK CORPORATE PAYMT SYS CREDIT CARD FEES - COUNCII. 223905 1 1/I 1/08 279.86
UNDERGROUND SERV ALERT UNDERGROUND SERVICE ALERT CIIGS 223906 1 1/1 1/08 159.00
ANION TRIBUNE PUBLISHING CO LEGAL NOTICES AD 223907 1 1/1 1/08 1,500.80
4
Payee
UNION -TRIBUNE PUB. CO.
VALLEY INDUSTRIAL SPECIALTIES
VERIZON WIRELESS
VISTA PAINT
VULCAN MATERIALS COMPANY
WADE & ASSOCIATES
CA DOWNTOWN ASSOCIATION
DENNISON ASSOCIATES INC
ICF JONES & STOKES
'GEYSER MARSTON ASSOC.
\wGASER SAVER INC
MAYER REPROGRAPHICS
PYATOK ARCHITECTS INC
YOUNG
WARRANT REGISTER # 20
11 / 11 /2008
Description
PUBLICATION OF PLANNING
MOP #46453 PLUMBING MATERIALS
CELL S8/REDEV 09/24-10/23/08
MOP #68834 STRIPING PAINT
SHEET AND COLD MIX ASPHALTS
DESIGN SUPPORT 08-4 PROJECT
MEMBERSHIP RENEWAL.
GRANT EXTENSION FOR { IUD GRAN{'
WES"I'SIDE SPECIFIC PLAN
ECONOMIC IMPACT CONSULTATION
MOP 45725 INK - SECTION 8
REPRODUCITON OF PLANS 08-2
CONTRACTED SERVICES
MILEAGE REIMB - SITE VISITS
chk no
223908
223909
223910
223911
223912
223913
223914
223915
223916
223917
223918
223919
223920
223921
5 of 5
chk date
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
11/11/08
Amount
284.80
614.29
1,037.04
271.03
1,213.98
26,603.50
300.00
19,447.00
15,893.94
327.50
39.04
534.92
73,038.80
21.24
Total $ 565,188.81
Grand Total 565,188.81
5
Warrant Register # 20
11/11/2008
001 GENERAL FUND 110,992.79
105 PARKS MAINTENANCE FUND 1,810.33
109 GAS TAXES FUND 20,818.90
111 P.O.S.T. FUND 1,240.00
120 PLAN CHECKING REVOLVING FUND 19,759.04
125 SEWER SERVICE FUND 991.05
131 ASSET FORFEITURE FUND 9,953.09
166 NUTRITION 5,973.28
290 POLICE DEPT GRANTS 4,088.00
294 HUD HEALTHY HOMES GRANT 31,923.16
301 GRANT-C.D.B.G. 29,277.65
348 STATE GRANT 238.00
502 SECTION 8 FUND 39.04
511 TAX INCREMENT FUND 90,732.36
522 LOW/MODERATE HOUSING FUND 16,085.00
626 FACILITIES MAINT FUND 45,449.42
627 LIABILITY INS. FUND 56,121.27
628 GENERAL SERVICES FUND 68.56
629 INFORMATION SYSTEMS MAINTENANC 48,279.48
630 OFFICE EQUIPMENT DEPRECIATION 15,401.43
631 TELECOMMUNICATIONS REVOLVING 1,159.84
632 GENERAL ACCOUNTING SERVICES 5,571.60
633 UNEMPLOYMENT INSURANCE RESERVE 9,497.00
643 MOTOR VEHICLE SVC FUND 39,680.07
724 COBRA/RETIREE INSURANCE 38.45
Total 565,188.81
City of National City, California
COUNCIL AGENDA STATEMENT
\,.n41EETING DATE December 2, 2008 AGENDA ITEM NO.
22
ITEM TITLE Continued Public Hearing — Modification of Conditions of Approval for a Previously Approved
Five Lot Subdivision Map to Waive Undergrounding Existing Utilities at 940 East 16th Street. (Applicant:
Janice Martinelli) (Case File No. 2008-31 M1, (2007-15 S))
PREPARED BY Angela Reeder
336-4310
DEPARTMENT
Planning
EXPLANATION The applicant requests to modify a Condition of Approval for a Tentative Subdivision Map
approved on August 21, 2007. Condition #21 requires all existing overhead electrical and phone lines be
placed underground, including those on -site and along the property's frontage on 16th Street and J Avenue.
The applicant has completed the undergrounding of overhead lines within the parcel; however, due to the
excessive cost to remove and relocate four poles adjacent to the site, the applicant requests Council
consider waiving this requirement. No other changes to the approved Tentative Subdivision Map are
requested.
Planning Commission held a public hearing on this item at their October 20, 2008 meeting. The
Commission voted to approve the request to waive undergrounding of the four poles bordering the property.
The attached background report describes the development proposal in detail.
Council held a public hearing on November 18, 2008, where they continued the item to December 2nd to
allow the applicant or their representative to attend.
Environmental Review X N/A Categorical Exemption, Class 1, Section 15301 (Existing Facilities)
Financial Statement
N/A
Approved By:
Finance Director
STAFF RECOMMENDATION
ision of the Plannin Commission. ^� 9
r r / V-
BOARD / COMMISSTO1I RECOMMENDATION
Planning Commission approved the modification to the Tentative Subdivision Map.
Ayes: Alvarado, Farias, Baca, De La Paz, Flores, Pruitt, Reynolds
Account No.
ATTACHMENTS ( Listed Below) Resolution No.
1. Background Report
2. Planning Commission Reso.
No. 40-2008 Including Findings
for Approval
3. Location Map and Aerial
4. Engineering Dept Comments
5. Public Comments
6. Application & Waiver Request
7. NCMC Chapter 13.08
A-200 (9/99)
BACKGROUND REPORT
Site Characteristics
The project site is located at the southwest corner of 16th Street and J Avenue. The 28,272
square -foot lot, located in the RM-I-PD zone, is developed with four single-family dwellings and
a duplex. Three single-family residences front on J Avenue. A single-family residence known as
the Hertell-llawken Residence, a residence on the Citv's historic resource list and a local
landmark, and a duplex front on East 16th Street.
IlistorV
On August 21, 2007, the applicant was approved to subdivide the subject parcel containing four
single-tamily residences and one duplex into five individual parcels, case file no. 2007-15 S to
allow for individual ownership of each structure. No significant improvements or physical changes
were proposed. The Conditions of Approval included a requirement to underground existing
overhead utilities on -site and around the perimeter of the site, consistent with Section 13.08.020 (A)
of the Municipal Code and with 17.07.032 (G) of the Subdivision Ordinance.
Proposed Request
The applicant requests to modify a portion of the Conditions of Approval to waive the requirement
to remove four existing power poles along Kith Street and J Avenue and place the service
underground. The overhead utility lines on the site have been removed and replaced underground.
No other changes to the Tentative Subdivision Map arc being requested.
Analysis
The applicant submitted two estimates that identify the cost to underground poles: one estimate for
$125,000, the other for $90,000. Information provided from SDG&E estimates the cost of
undergrounding utility lines as $ 300-$350 per linear foot, which exceeds the construction estimates
provided by the applicant. I'he applicant states that the cost to underground would result in
exceeding the re -sale value of the property, thus making the project to create five individual parcels
financially unfeasible.
The Engineering Department considered the request to waive undergrounding of utilities
bordering the project site and prepared a response (attached). Engineering staff concluded that
the requirement to underground four utility poles for this 5-lot subdivision could make the
project economically infeasible. Municipal Code Chapter 13.08.050 allows Council to waive
undergrounding requirements upon recommendation by the Planning Commission due to
financial impact to the community and economic feasibility of the request.
Planning Commission I tearing
The item was set for a public hearing at the Planning Commission on October 6, 2008, when
Engineering Department staff requested a continuance to allow for additional review of the
application. At that meeting, several members of the audience spoke in support of the applicant's
request. The item was continued to the October 20 Commission agenda, when Commission voted
to recommend approval. Condition of Approval 1421 was recommended to he revised from
"All utility distribution facilities within the boundaries of the subdivision, and within the half
street abutting the new subdivision, shall he placed underground," to "All utility distribution
facilities within the boundaries of the subdivision shall be placed underground."
1
2008-31 M 1 (2007-15 S) Background Report
R ESN .U1 RON NO. 40-2008
A RESOLUTION OE -HIE PLANNING COMMISSION OE
1111: CITY OF NA"l'It)NAI. (IVY, CALIFORNIA, APPROVING A MOI)lEIC'A'FION
OF ('ONUffl(NS Ol APPROVAL. FOR A PREVIOUSLY APPROVED
FIVE LOT SUBDIVISION MAP TO WAIVE UNUERGROUNI)ING
EXISTING 11'lII l]'IFS Al' 940 EAST 161rr STREET'
REET'
('ASF FILE NO. 2008-31 M
\VI If .RFAS, application was made for approval of a Modification of the Conditions of
Approval of Tentative Subdivision Map, 2007-15 S, a subdivision to create five lots at 940 East
16th Street, on property generally described as:
The westerly half of the northerly half of 20 acre Lot I in Quarter Section 133 , Rancho
de la Nacion, in the city of National City, ( 'ounty of San Diego, State of California,
according to map thereof No. 166, filed in the Office of the County Recorder of San
Diego ('aunty.
WHEREAS, the Planning Commission of the City of National City. California,
considered said application at a duly advertised public hearing held on October 6, 2008 and
October 20, 2008, at which time the Planning Commission considered oral and documentary
evidence; and.
\VI IERFAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. 2007-38 M I, which is maintained by the City and incorporated herein
by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
and City law: and
WHEREAS, the action recited herein is found to be essential for the preservation of
public health. safety and general welfare.
NOW, THEREFORE, BE I"1 RI':S(.)I..A'Fl) by the Planning Commission of the ('ity of
National City, ('alitOrnia. that the testimony and evidence presented to the Planning Commission
at the public hearing held on October 6, 2008 and October 20, 2008 for the Modification of the
Conditions of Approval of Tentative Subdivision Map 2007-15 S to waive the requirement to
underground existing utilities, Condition Number 21, support the following findings:
1. The waiver of undcrgroundiug existing utilities will not he detrimental to the public health,
safety, or welfare or be detrimental to the use of other properties in the vicinity as the area is
already developed, existing utility poles are prevalent in the surrounding area, the existing
utilities on site have been relocated underground, and the removal of the four poles
bordering the property may result in installation of additional poles in the area, thereby
undergrounding along Ole property boundaries would not result in a substantial
improvement of utilities in the area.
2
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 and the undcrgrounding completed on site has served to improve the property values in
the area.
RE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said
Modification of the Conditions of Approval of Tentative Subdivision Map 2007-15 to waive the
requirement to underground the existing utilities at 94(1 Fast loth Street is hereby approved, and
Condition Number 21 is modified to read "All utility distribution facilities within the boundaries
of the subdivision shall be placed underground."
BE IT FURTHER RESOLVED that all other Conditions of Approval contained within
Resolution 2007-199 remain applicable to Tentative Subdivision Map 2007-15, as written and
provided in Exhibit A, and copies of this Resolution shall be transmitted forthwith to the
applicant; and,
RE 11' FURTHER RESOLVED that copies of this Resolution be transmitted forthwith
to the applicant and to the City Council.
13E'. 11' 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.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
October 20, 2008, by the following vote:
AYES: Alvarado, Farias, Baca, DeLaPaz, Pruitt, Reynolds, Flores
NAYS:
ARSE.NT:
ARSIAIN:
('IIAIRWOM;y
3
EXHIBIT "A"
RESOLUTION NO. 2007 - 199
RI .SOI..ti HON OF THE CI 1 Y COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A 1 E..NTATIVI : SU1 t)IVISION MAP
TO DIVII )E ONE.. 28,27? SQUARE. -E'001 PROPER 1 Y
INTO LIVE INDIVIDUAL LOTS (FOUR CONTAINING
SINGLE-FAMILY RESIDENCES ANI) ON[ DUPE_LX)
WIIFI EXCI.1'now; FOR RI=DUCF1) LOT WIDTFI/STRFI-1
FRON I AGE AND L OT SIZE Al 940 EAST 16"' S i REF. F.
Af'I't ICAN 1 : JANICE MARTINEI_F_I
CASE FILE-. NO. 2007-15 S
8325
WHEREAS, application was made for approval of a l entative Subdivision Map to
divide one 28,2 /2 square foot property into five individual lots (four containing single-family
residences and one duplex with exceptions for reduced lot width/street frontage and lot size at
940 Last 16"' Street on property generally described as:
1 he westerly half of the northerly half of 20 acre Lot 1 in Quarter Section
133 , Rancho de la Nacion, in the city of National City, County of San
Diego, State of California, according to map thereof No. 166, filed in the
Office of the County Recorder of San Diego County
WHEREAS, the Planning Commission considered said application at a public
hearings held on June 18, and July 16, 2007, and by Resolution recommended conditional
approval of the application; and
WHEREAS, the City Council considered said application at a public hearing held
on August 1, 200/, 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. 2007-15 5, which is maintained by the City, and incorporated herein
by reference; along with evidence and testimony at said hearing; and
WHERE -AS, this action is taken pursuant to all :applicable procedures required by
State and City Law; and
WI IL,RE:AS, the action recited herein is found to he essential tor the preservation
of public health, safety, and general welfare.
NOW, THLIZE-I ORI , 131- IT RESOLVED by the City Council of the City of
National City that it hereby approves the Tentative Subdivision Map to divide one 78,212
square tool property into five individual lots (four containing singlelanaily residences and one
duplex) with exceptions for reduced Lot width/street frontage and lot site at 940 Last 1(i"' Street.
based on the following findings:
The proposed (nap is consistent with the National City General Plan and applicable
specific plans, since both single -family homes and duplexes are allowed in the Residential
Multi Lanaily (IZM 1 f'f )) tone, there are no applicable specific: plans. :.and since three
additional horneovnaership opportunities will he created.
The site is physically suitable for the proposed type of development. as no proposed
property boundaries conflict with the existing development and improvements
4
8326
Resolution No. 2007 - 199
August 21, 200 7
Page 2
3. the site is physically suitable for the proposed density of development, since there is no
expansion of use and the existing development and density will renlain.
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 site is fully develofxxl and all existing improvements will renlain,
and no expansion will take place.
The design of the subdivision and the proposed/required improvements are not likely to
cause serious public health problems, since all necessary public services will be provided.
6. The design of the subdivision and the proposed/required improvements will not conflict
with easements, acquired by the public at large, for access through or use of the property
within the proposed subdivision, since no such easements are located on the site.
the discharge of sewerage waste from the subdivision into the City of National City sewei
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.
8. The subdivision has been considered by the Planning Commission with regard to its effect
on the housing needs of the region, and these needs are balanced by the public service
needs of the residents and available fiscal and environmental resources.
The design of the subdivision provides, to the extent feasible, for future passive and
natural heating and cooling opportunities in the sutxiivision, based on consideration of
local climate, topography, property configuration and other design and imprc)vernent
requirements without requiring reduction in allowable density or lot coverage.
RECOMMENDED FINDINGS FOR APPROVAI. OF 11IL EXCEP I1ONS FOR
LESS THAN REQUIRED STREET FRONTAGE AND MINIMUM 1.01 S17f=
The property to he divided is affected by existing development patterns, that makes it
impracticable in this particular case to conform fully to the subdivision requirements, since
the location of the existing buildings limits the placement of lot lines such that, in order to
create five individual lots, three of the lots are not able to conform to the 50-foot minimum
lot width/ frontage requirement, and four of the lots are not able to meet the 5,000 square_
foot minimum lot size.
1 he exceptions will not be detrimental to the public health, safety, or welfare, or be
detrimental to the use of other properties in the vicinity, since each lot fronts on a public
street; the existing residences provide adequate building separation, open space, and
the existing character of the neighborhood will he retained.
5
Resolution No. 2007 — 199
August 21, 2007
Page 3
8327
3. Granting of the exceptions are in accordance with the intent and purposes of this title,
and is consistent with the General Plan and with all applicable specific plans or other
plans of the City, since the proposed subdivision will create additional homeownership
opportunities, preserve an existing historic property, and since there are no applicable
specific plans.
BE IT FUR1 HER RESOLVE-:1i that based on the findings hereinbefore stated,
said Tentative Subdivision Map to divide one 28,2 /2_ square -foot property into five individual Tots
(four containing single-family residences and one duplex) with exceptions for reduced lot
width/street frontage and lot size at 940 East 16th Street is hereby approved subject to the
following conditions:
This Tentative Subdivision Map authorizes the division of one 28,272 square -foot property
at 940 East 16th Street into five individual lots (tour containing single-family residences
and one a duplex) with exceptions for reduced lot width/street frontage for lots 1, 2 and
3, and for reduced lot size for lots 1, 2, 3 and 5. Except as required by conditions of
approval, all plans submitted for permits associated with the project shall conform with
Exhibits A Revised, case file no. 2007-15 S, dated `ill 512007.
The Final Map shall indicate an access easement for the benefit of tots 1 and 2 from J
Avenue. The easement shall be recorded on the final map.
The applicant shall record a maintenance agreement for the maintenance of the access
easement for tots 1 and 2, approved as to form and content by the City Attorney, and
recorded with the County Recorder with the Final Map.
4 Cedar fences a maxirnunr height of 6 feet shall be constructed along proposed property
lines where no fence currently exists, with the exception of the driveway area leading to
parking for proposed lots 1 and 2 Any fences in need of repair or reconstruction shall be
replaced with similar fencing.
5. The existing overhead conduit stretching across the driveway between 1628 and 1630 .1
Avenue shall be removed prior to approval of the Final Map in accordance with applicable
building permits.
6. The shed on Lot 4 shall be brought up to all applicable building and safety codes and
municipal codes before any application is made for use of the building as a guest house
or residence.
7. Plans must comply with the 2001 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the 2004 California Electrical Code, and
California Title 24 energy and handicapped regulations
fi. the exterior wall of the two car garage located at 940 Last 16th Street shall be provided
with adequate fire rating for exterior walls located on a property Tine in accordance with the
building code. (he improvements shalt be completed prior to the Final Map and shall he
subject 10 applicable building permits and fees
6
Nkiir
Resolution No. 2007 -.. 19ft
August 21, 2007
Page 4
8328
The project is to be designed, developed and constructed in compliance with the California
Fire Code (CFC) 2001 edition and the most current National Fire Protection Association
(NFPA) Standards as adopted by the City of National City.
10. A drainage plan shall be suhrnitted showing all of the proposed and existing on -site and
off -site improvements. the plan shall be prepared by a Registered Civil Engineer, or
other qualified processional, and shall be in accordance with the City requirements.
11. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation
Plan (SUSMP) is required to be completed and submitted to the Engineering
Department. The checklist will be required when a project site is submitted for review
of the City Departments. The checklist is available at the Engineering Department. If it
is determined that the project is subject to the "Priority Project Permanent Storm Water
BMP Requirements" and the City of National City Storm Water Best Management
Practices of the Jurisdictional Urban Runoff Management Program (Jt.1RMP) an
approved SUSMP will be required prior to issuance of an applicable engineering permit
The SUSMP shall be prepared by a Registered Civil Engineer.
12. The Best Management Practices (t3MPs) for the maintenance of the proposed
construction shall be undertakeia in accordance with the National Pollutant Discharge
Elimination System (NPDES) regulations which may require a Storm Water Pollution
Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to
issuing of a construction permit.
13. The deteriorated portions of the existing street improvements (Cross Gutter 8 x 18, and
sidewalk 50') along the property frontages shall be removed and replaced.
14. A permit shall be obtained from the Engineering Department for all Improvement work
within the public right-of-way, and any grading construction on private property.
15. Street improvements shall be in accordance with City Standards. All missing street
improvements (gutter 120') shall be constructed. If a driveway is required for lot 5, a
permit will be required for the construction.
16. A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership at the
properly.
17. A cost estimate for all of the proposed drainage, and street improvements shall he
submitted with the plans. A performance bond equal to the approved cost estimate shall
be posted. 1 hree 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 lime the plans are
submitted The deposit is subject to adjustment according to actual worked hours and
consultant services.
18.
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 rnonurnentation.
7
Resolution No. 2007 -- 199
August 21, 200/
Rge5
19. Separate water and sewer laterals shall be provided to each lot/parcel.
8329
20. 1-he developer shall bond for the rnonumentation, the public improvements and the on -
site grading, drainage, landscaping, and other improvements through an agreeraaent with
the City prior to the approval of the final reap.
21. All utility distribution facilities within the boundaries of the subdivision, and within the half
street abutting the new subdivision, shall be placed underground.
22. All new property Tine survey monuments shall be set on private property, unless
otherwise approved.
23. The parcel map/final reap shall use the California Coordinate System for its "Basis of
Bearings" and express all measured and calculated bearings in terms of the system.
1 he angle of grid divergence from a true meridian, and the north point shall appear on
the map. Two measured ties horn the boundary of the property to existing horizontal
control stations shall be shown.
24. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
California (.ode of Regulations, title 14, Section /53.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall he
made payable to the County Clerk and submitted to the National City Planning
Department. At this time, the filing fee is $50 for a Notice of [Exemption or Notice of
Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and
$2,500 for an E_nvironrnental Impact Report.
25 Before this Tentative Subdivision Map shall become effective, the applicant and the
property owner both shall sign and have notarized an Acceptance Form, provided by the
Planning Department, acknowledging and accepting ;ill 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. The
applicant shall also submit evidence to the satisfaction of the Planning Director that a
Notice of Restriction on Real Property is recorded with the County Recorder. The
applicant shall pay necessary recording fees to the County flie Notice of Restriction shall
provide information that conditions imposed by approval of the -Tentative Subdivision Map
are 'binding on all present or future interest holders or estate holders of the property. The
Notice of Restriction shall be approved as to form by the City Attorney and signed by the
Planning T)itector poor to recordation.
26. Approval of the tentative map expires two (2) years after adoption of the resolution of
approval at 5:00 p.rn. unless prior to that date a request for a lime extension not
exceeding three (3) years has been filed as provided by National City Municipal Code
Section 17.04 070.
BI1 II 1=(11lTH1=R 1Z(.SOI.VE=E) that copies et this Resotution shall be transmitted
forthwith to the applicant
8
`..
Resolution No. 2007 - 199
August 21, 2007
Page 6
8330
HE IT FUR [HER 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 he sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSEL) and ADOPTED this 21 st day of Auguste 07.
ATTEST:
°x Michael R0alla, City Clerk
APPROVED AS IC) FORM.
George 1I.iser, III
City Attorney
on Morrison, Mayor
9
8331
Passed and adopted by the Council of the City of National City, California, on August
21, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By: -- — — —
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-199 of the City of National City, California, passed and
adopted by the Council of said City on August 21, 2007.
/J
City Cle k of the City of National City, California
By:
Deputy
10
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PROJECT LOCATION i1011111
100 0 100
200 Feet
LOCATION MAP 2008-31 M1 (2007-15 S)
Modification of Conditions of Approval for an Approved Tentative Subdivision Map
fo Waive Undergrounding Existing Utilities at 940 East 16th Street
NATIONAL CIIITY PLANNING
DRN. DATE:
6/5/07
INITIAL
HEARING:
6/18/07
CALIFORNIA ,-‹+
NATIONAL CRT
INCORPORATED
MEMO
October 16, 2008
To: Planning Department
From: Adam Lancia, Engineering Department
Via: Maryam Babaki, City Engineer
Subject: REQUEST FOR WAIVER OF UNDERGROUND UTILITIES AT 16ri{ AND J
AVENUE
Section 13.08.050 of National City Municipal Code States" if the planning commission
finds that exceptional circumstances or conditions apply to any portion of a proposed
development as outlined in the sections 13.08.010 through 13.08.040 and the requirement
of the installation of any of the improvements required herein would he impractical or
unreasonable because of the topography, soil, exceptional drainage conditions or other
condition, or it is not economically feasible to install the required installation, the city
council, upon recommendation ofthe planning commission may grant specific
modifications or waivers of the improvement required".
The economic feasibility analysis submitted by Ms. Janice Martinelli and Delta
consultants, outlines the costs and revenues associated with this development in general
and the under grounding in specific. Based on the information provided by Ms.
Martinelli, the Engineering Department finds that the cost of the under grounding can
make the project economically infeasible. Attached are the analysis and the aerial map.
Engineering Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
t1
COSTS OF 940 EAST 16'" STREET IN NATIONAI. CITY Parceltl561-060-37
Dated 10-14-08
To date these are the sales cost and revenues of the above parcel:
FEES $8000
WAIVER FEE 5800
RE-EXAMINE SUBDIVISION 1500
DELTA ENGINEERING 450
ARCHITECT 1000
DI3G ENGINEERING 18000
BROKER MEIMBRESS 5000
TOTAL
$39,750.00
RENOVATION OF 940 E. 16"i, $5000
Renovation of 1622-1628-1630 J Ave
Includes building of 2 new garages and sidewalks 70,000
Sump pump system for 1628 & 1 630 J Avenue 6,800
New fencing, paint fences, rebuild 1 gazebo 7,800
For all homes TOTAL
$89,600.00
6 MONTHS VACANCY OF 3 HOMES
$6000 X 4 MONTHS
Enterprise Construction undergrounding
And 5 new meters
Total expenditures
$24,000
70,000
TOTAL.
$94,000.00
$ 143,350.00
14
Sales Cost & Revenue of 940 E 16th Street National City parcel# 561-060-37
I am giving down payment assistance and paying closing costs for 3 first time
homebuycrs at 1622-1628 & 1630 J Avenue.
$42,000 x 3— total $126,900.00
Sales price of each home $329,000 x 3= 987,000.00
SUBTRACT CLOSING COSTS
& DOWN PAYMENT ASSISTANCE 126,900.00-
$860,100.00
15
SUMMARY PAGE 940 E 16'" STREET' PARCEl,#56I-060-37
SALES $987,000.00
COSTS;
PURCIIASE PRICE $1,200,000.00
DOWN PAYMENT
CLOSING COST ASSISTANCE
FOR 3 BUYER FAMILIES $126,900.00
EXPENSES FROM PAGE 1 $143.350.00
PROPERTY TAXES PAID 20,000.00
PROPERTY TAXES TO PAY
NOVEMBER 1, 2008 20,000.00
INSURANCE 5,040.00
SEWER,WAT'ER 4,220.00
ADDITIONAL UNDER GROUNDING
ACROSS 'HIE STREET $94,000.00
New loans owed to accomplish
the lot split and sales
$319,510.00
TOTAL 94,000.00
384,000.00
$500,000.00
$220,000.00 $720,000.00
$1,395,000.00
WAIVER FEE SUBTRACT Additional under ground
Across the street -94,000
NET LOSS TO MARTINEI,I,I
$1,301,000.00
$101,000.00
16
any 5b1 blrr TO:4713859
P.3,3
DELTA CONSULTANTS, INC.
P.O. BOX 2727 • EL CAJON. CAUFOfNIA 92021-0727
(619) 563-0000 • FAX (619) 561-6127
CaAW1MCATION$
October 2, 2008
Ms_ Janice Martinelli
940 E. 16`h Street
National City, CA 91950
Subject: Martinelli Subdivision - E. 16h Street and "I" Street
Dear Ms. Martinelli:
At your request, we have surveyed the existing overhead utility lines adjacent to your project and
reviewed the documents you provided.
it appears the City has modified their undergrounding requirement and are only asking the pole on
the west side of "J" Street near E. 16'h Street be removed and the related lines be undergrounded_
Currently, this pole supports electric lines at both primary and secondary voltages, two cable
television cables and an AT&T telephone cable. In order to remove said pole and related
facilities, it will be necessary to install new underground systems from an existing pole in E. 16t
Street to an existing pole at the south property line of your property. It will also require crossing
"J" Street and installing a new pole to maintain service to the apartment building on the east side.
The existing transformer serving your properties, the apartment building and the house on the
south cast corner of I6'h Street and "J" Street is located on the pole at your south property line. It
would be replaced with a pad -mount transformer_
You will be required to hire a licensed general engineering contractor acceptable to the City to
perform the necessary construction work. Each affected utility company will bill you for their
portion of the work. The estimated cost to underground these facilities is $90,000.00.
If you need any additional information, please call.
Sincerely,
T. E. Scanla
17
review
08/05/2008 11:28 61947780P- E PAGE 04/04
nupJFWeVmanWest voonnannRG' Cv €IXIS IP05V..
Date: Wednesday, July 30, 2008 9:30 AM
From: Euterson, David <DEmerson®sernprauti[ities.com>
To: ezubov@oex.net
Subject RE: martinctU resolution
Hello,
You as)ed about a coat esti
*underground -
The average cost is be
required to convert
also be a non -refund
ting overhead lines to
weep $300 and $350 per line
existing aerial plant to
e engineering fee of $765.
please let me know if y
Thanks
have any more goes
David J. Emerson
Governmental Liaison Planner
Demerson@Seepractilities.com
658-654-1136 (office)
619-417-9577 (cell)
- SDG&E
Original Meesage
From: ezubov@cox.net [ezubov$cox.net)
Sent: Monday, July 20, 2000 1:13 PM
To: Emerson, David
Subject: martinelli resolution
ns
foot of trench
erground. There will
Hi David, 1 watt to thank you in advance ror your help. 1 would like e
brief estimate on how much it would cost for SDG&E to under ground 5
houses in National City from the middle or the street to the homes
accross from my subdivision. 1 agree that 1/2 street means 1/2 street
but.tbe city is in disagreement. They did say if 1 could get an'
approximate estimate that 1 may be eligible for a waiver since 1 am now
placed in the situation of a financial hardship. 1 have already under
grounded everything to 1/2 of the street that abuts with my subdivision.
You can respond to this e-mail address
r
9
18
of 1 7/30200810:13 AN
k . f1 A j
-. P IAA.: CDMM. L S 5: 1t $_toldC- s+4, r-I.- e."
q" Ye-crs 014 1 kit. ,N;fL, ,ra-iec,tr 1628 j. aVra4.0.
fetes h� iecaus s vt_ .? . _viork-
�., �a�►a�ul C�t Sys GQ�no+ 6e �tn _..
6!1` f— yak/ . . _ktA aw _ +6 _ _ wt. rrt._0Yr-= S rts/�/� s� - cao_� _ . Sre. .... _.
'ho�� QV\•.•_II._.9,p�PavC Mrr. Mo,r4; n��ji.-.--�/c�►Vu
o-_f _costs £o.....' �c.f Wc_ Cexn. .own '.kahes,
fkt cQ*fs <INA _ e,_ pc.n,t,,fts_.::.are _ dff d C._. ._. ±y_.-PCC6,,
National City historical Society
923 A Avenue C/O Kimball Museum
National City, California 91950
Planning Commission
City of National City
1242 National City Blvd.
National City, Calif. 91950
varo
Oct 3, 2008
Dear Planning Commission and City Staff:
On behalf of the National City l listorical Society we are recommending that you approve
the waiver on 940 East 16t Street (l lertel-Hawken Home) in National City.
There are 4 historic homes on that site. The Judge Hertel-llawken home which is a
classic craftsman built in 1910 and 3 streamline moderne homes at 1622-1628 & 1630 J
Avenue that were built one in 1939 & 2 in 1941). These homes cannot be guaranteed
from demolition if they are not listed as separate parcels.
When Ms. Martinelli purchased the property in 2005 it was to keep it from being
demolished by an apartment developer who planned to tear it down. Over the years so
many historic homes in National City have been demolished. The value of the losses has
been grave and there is no way to recuperate except to try to make sure this does not
continue to happen in National City.
Thank you for your consideration,
Margaret uhn
Historian
National City Historical Society
20
October 01, 2008
Mr. Roger G. Post, Director
City of National City
Planning Department
1243 National City Blvd.,
National City, CA 91950
Reference: Case File No.: 2008-31 MI (2007-15 S)
Dear Mr. Post:
Please note, that I am opposed to splitting the lots at 940, 932,
930 16th Street and 1622, 1628 and 1630 `J' Street, unless the
underground utilities are put in. I own the property directly
across the street and am hoping as property is developed that we
will follow the City of National City's plan.
Please consider my objections in this Case.
Cordially,
C.A. Kutzke
CAK/jlb
21
NATIONAL CITY, CALIFORNIA
APPLICATION for MoAi-?ction
Tentative Parcel Map
Tentative Subdivision
Map
Make checks payable to the City of National
City
File application with the:
National City Planning Department
1243 National City I3oulevard
National City, California 91950
(619) 336-4310
PLEASE DO NOT USE BLUE INK WHEN
COMPLETING THIS FORM
FOR DEPARTMENT USE ONLY
Case Number2-OO - 3t M t Zo0-7- I C 5
Receipt No.3) - ( ` . 1
By / &TW yt.
E.A.F. Required MO Fee $ 'U f
Related Cases 2.15337 - I r S
Filing Fee $ �gOOt
Date Received k `2 7I 0k
SEE FILING INSTRUCTIONS AND CHAPTER I7 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE
INFORMATION.
ASSESSOR PARCEL NO.
561-vbo-3�7
PROPERTY LOCATION q'-to EASr t br - STrt, -r
COMBINED GENERAL PLAN/ZONING DESIGNATION le_14 - l - f'
Tentative ParceVSubdivision Map Application
Revised December, 1998
Page 1 of 3
22
CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE
Name: Name:
Signature Signature
(Signature acknowledges that this (Signature acknowledges that this
application is being filed) application is being tiled)
Address: Address:
Phone No.
Phone No.
Fax No. Fax No.
Date: )ate:
PROPERTY OWNER(S) of all property included in this application:
(Attac(ted extra sheets if necessary).
Name:
Name: Nt�
Signature Signatu e
(Signature acknowledges that this iiiJtire ackno lech, la( ihis
application is being filed)
Address:
Phone No.
Fax No.
entative Parcet'Subdivision Nlap Application
Revised 1)ecetntli., I 99S
Pape 2 of 3
Address:
11)11CM1011 iS bel141, tile(1)
qz_cp nLe
kcthA4-0 cAy
CA
Phone No 611 (I
Fax NO
Date 2-) - f; - 0 /
23
Dear Planning Commission:
Waiver request letter on
940 E 16`h Street, National City Calif. 91950
August 20, 2008
26 Ali ;'0:3 Fit 1:03
The objective in the General Plan for the City of National City includes Historic
Preservation, Affordable 1-lousing, Dome Ownership Opportunities and, the generation of
revenue for the city.
"I'he 6 part subdivision I am doing at 16'h & J Avenue accomplishes all of these goals and
also provides another opportunity for tourism through the renovation of 4 historic homes
in National City. The other two homes are occupied by tenants who have resided in them
for more than 10 years and cannot afford to buy. I will keep them as they are elderly and
they are good tenants (the rents are low $625 per mo.)
My project falls under the classification of economic development (existing housing) not
under r e-development (which is the building of new homes).The city code refers to re-
development and there is no definition of half street. My resolution states to underground
all utilities abutting my homes to the half street. This is what I have done at a cost
exceeding $150,000.00. I also built two new garages to city code.
Thru estimates, telephone, conversations and e-mail (SI)G&E) I have found the existing
utility poles are not practical to remove because they service other homes not mine. The
property owners on the other side of the streets especially the apartment building will not
cooperate. The cost will he in excess of another $125000.00 which I do not have and
approximately $350 per foot for the adjacent property owners to run new services from
the curb to their homes (please see estimates I submitted to the planning department).
The main home is a classic "Craftsman" known as the Hawkern-Hertel residence (940 E
16th Street and is occupied by my parents) and there are 3 "streamline modem" homes
that were built for the workers of the airport in 1949 (when National City had an airport
near the existing swap meet). I purchased this property to preserve because a developer
was planning to tear them all down to build more apartment buildings. There arc only 8
stream -line modern homes in National City
Two residences (stream line modern 922 and 928 J Avenue)) are occupied by tenants
who can buy with my help. I am helping them by paying all of their closing costs
(approximately $5000 each) and allowing them to use their security deposits fir their
down payment. Their monthly payments will be $1600 per month and they will no
longer be renting. The homes are 2 bedrooms with new garages. The 3`d home at 930 J
Avenue is also stream -line modern and has been renovated. I choose to keep the existing
tenant (who is section 8) and pays $1250 per month.
24
My mortgage payments and costs are more than $6000 per month and I find it necessary
to ask for this waiver of not doing more undergrounding. I simply cannot do it and the
financial hardship has been more than I can bare. These homes do not even come close
to paying for itself and through the sales I will not break even because of the real estate
market. My life savings have gone into this project and upon completion I will feel
satisfied that we have done something good for the residents, the city and, historic
preservation. I have borrowed and paid the $5800 waiver fee.
I and the new home owners are planning to showcase these homes on the Ilistoric I tome
Tours in National City bringing new tourism to the city through historic preservation.
The builder of the I lawken-Ilertel home was Judge Fred Hertel who can he considered
our first Mayor because he served as President of the Board of Trustees hack in 1912.
The I lawken family bought the home from Judge Ilertel and maintained it as a citrus
grove. dairy and family residence for more than 70 years.
I bought the property from the last remaining Ilawken family members. The Hawken
family served our community their entire lives. It was the senior 1-lawken who helped
found the National City Adult School and he served as Superintendant and dedicated his
life to education.
We are hopeful that you will support this project by allowing the waiver under "financial
hardship".
With hest resgards,
01/2114(/1".(
Janice Martinelli
940 E l6`h Street
National City
619-962-4128
25
13.08.010
Chapter 13.08 I. Subdivision and Redevelopment
Requirements
IINDE:RC:ROUND UTILITY
INSTALLATIONS PROCEDIIRE 13.08.010 Definitions.
.:Redevelopment" refer; to planning. development.
Sections: redesign, etc.. of all or part of lands of five acres in
1. Subdivision and Redevelopment area, Eased on general welfare. and may include re-
Requiretnents habilitation of existing structures. open space type
13.08.010 Definitions. uses (streets, parks, recreation areas, etc.), develop-
13.08.020 Subdivision —Installation. meat of undeveloped areas which are either stagnant
13.08.030 Multiple dwelling— due to fhulty street and lot layout or need replanning
Commercial —Industrial— and land assembly due to scattered ownership or tax
Installation. delinquency, but does not exclude continuance of
13.08.040 Redevelopment —Installation. existing structures.
13.08.050 Applicability —Exceptions. "Subdivision" refers to improved or unimproved
land or lands divided or proposed to be divided, for
11. Installation Specifications the purpose of sale or lease or financing, whether
13.08.060 Title. immediate or future, into five or more lots or parcels.
13.08.070 Construction of article. and condominium projects of five e condominiums or
13.08.080 Purpose and intent. more and community apartment projects of Live par-
13.08.090 Definitions. cels or more as defined in Section 1 15 35.1 of the
13.08.100 Exceptions. Subdivision Map Act oldie state, whether such pro-
13.08.110 Public hearing by council. jests are new or are conversions from other forms of
13.08.120 Notice of hearing. ownership. (Ord. 1506 § 2. 1976: Ord. 1181 § 2.
13.08.130 Districts designated by 1967)
resolution.
13.08.140 Unlawful acts. 13.08.020 Subdivision • —installation.
13.08.150 Exception for emergency In conjunction w ith the approval of all suhdivi-
service. lions, the following shall be required:
13.08.160 Notification of affected persons A. Underground Utilities. All existing or pro -
and utilities. posed electrical, telephone or similar distribution util-
13.08.170 Responsibility of utility itv facilities shall be placed underground. -I ransforrn-
companies. ers, terminal boxes, ureter cabinets, pedestals, con-
13.08.180 Responsibility of property sealed ducts and other facilities necessarily pertinent
owners. to such underground utilities or any required street
13.08.190 Noncompliance-- lighting system nrav be placed above ground.
Discontinuance of overhead All eater distribution and sewer collection facili-
service. ties shall be installed in conformance with the spccr-
13.08.200 Responsibility of city. lications of the cite.
13.08.210 Extension of time. 13. Ornamental Street 1.i,htin,. Ornamental
street may be required in all locations and
design as approved by the cih council. upon reco;n-
tnendation of the planning c(»omission. A11 such
lighting on streets to he offered for dedication shall
be electric.
t N.wool.d (lupp No It.. ,-(161
26
1 3.08.020
C. Fire Alarm Boxes. Provisions shall he made
with the city for the installation of fire alarm boxes
and wiring for same, in accordance with the fire
alarm system of the city.
U. Responsibility. The subdivider shall he re-
sponsible for complying with the requirements of this
section and shall make all the necessary anange-
mer►ts with each of the serving utility companies and
the city for the installation of all required facilities.
(Ord. 2283, 2006: Ord. 1 181 § 3, 1967)
13.08.03(1 Multiple dwelling —Commercial --
Industrial —Installation.
Within the boundary lines of all properly upon
which is constructed or moved in a multiple -family
dwelling of five units or more, a commercial. manu-
facturing or industrial structure, the following condi-
tions on installation of public utility facilities shall he
required:
A. Underground Utilities. All electrical tele-
phone and similar distribution service wires shall he
placed underground. 'Transformers, terminal boxes,
meter cabinets, pedestals, concealed ducts and other
facilities necessarily pertinent to such underground
facilities may be placed above ground.
All sewer collection and water distribution facili-
ties shall he installed in conformance with specifica-
tions of the city.
13. Responsibility. The property owner is re-
sponsible for complying with the requirements of this
section and shall make all the necessary arrange-
ments for the installation of such facilities with each
of the serving utility companies and the city.
C. Existing Utilities and Structures. This section
shall not apply to existing utilities, existing struc-
tures, nor to the alteration, extension or enlargement
of an existing structure. (Ord. 1181 § 4, 1967)
13.08.040 Redevelopment —Installation.
Within the exterior boundary Tines of all propert\
and within the half of all streets bounding a redet cl-
opment project, publicly or privately controlled, of
live acres or more. the following conditions shall be
required:
(National Co, Stipp No IG_
-1 12
A. Underground Utilities. All existing utility
facilities within the exterior boundary line of the re-
development project and w ithin the hallo(' all streets
hounding the redevelopment project shall be relo-
cated and installed underground.
All electrical, telephone and similar distribution
utility facilities to be installed within the exterior
boundary lines and within the half of all streets
hounding the redevelopment project shall be placed
underground.
All water distribution and sewer collection facili-
ties shall he installed in conformance with specifica-
tions of the city.
Transformers, terminal boxes, meter cabinets.
pedestals, concealed ducts and other facilities neces-
sarily pertinent to such underground utilities or any
required street lighting system may be placed above
ground.
I3. Ornamental Street fighting. Ornamental
street lighting shall be required in all locations and
design as approved by the city council, upon recom-
mendation of the planning commission. All such
lighting on streets dedicated or to he offered for dedi-
cation shall be electric.
C. Television and Radio Antennas or Cables.
Television and radio reception shall be provided by
concealed antennas or by an underground or other
concealed cable and one central antenna.
D. Fire Alarm Boxes. Provisions shall he made
with the city for the installation of lire alarm boxes
and wiring the same, in accordance with the fire
alarm system of the city.
1:. Responsibility. The property owner and/or
developer shall be responsible for complying w ith the
requirements of this section and shall make all the
necessary arrangements with each of the serving
27
13.08.040
utility companies and the city for the installation of
all required facilities. (Ord. 1 181 §5, 1967)
13.08.050 Applicability —Exceptions
The provisions of Sections 13.08.010 through
13.08.040 shall not apply to the installation or main-
tenance of overhead electric transmission lines and
overhead communication long distance trunk and
feeder lines. If the planning commission finds that
exceptional circumstances or conditions apply to any
portion of a proposed development as outlined in
Sections 13.08.010 through 13.08.040 and the re-
quirement of the installation of any of the improve-
ments required herein would be impractical or un-
reasonable because of the topography, soil, excep-
tional drainage conditions or other condition, or it
is not economically feasible to install the required
installation, the city council, upon recommendation
of the planning commission may grant specific
modifications or waivers of the improvement re-
quired. (Ord. 1181 § 6, 1967)
II. Installation Specifications
13.08.060 Title.
This article may be cited as the "National City
underground utilities procedural ordinance." (Ord.
1414 § 1, 1974)
13.08.070 Construction of article.
This article shall be liberally construed in order
to effectuate its purposes, and no error, irregularity,
or informality, and no neglect or omission of any
officer in any procedure taken under this article
which does not directly affect the jurisdiction of the
council to order the work and improvement shall
avoid or invalidate such proceeding. (Ord. 1414 §
2, 1974)
13.08.080 Purpose and intent.
It is the purpose and intent of this article to pro-
vide for the creation of underground utility districts
in the city in which poles, overhead wires and asso-
ciated overhead structures, as hereinafter defined,
shall not be permitted. (Ord. 1414 § 3, 1974)
443
13.08.090 Definitions.
Whenever in this article the following words or
phrases are used, they shall mean:
A. "City" means the city of National City, a
municipal corporation in the state of California.
B. "Commission" means the Public Utilities
Commission of the state of California.
C. "Council" means the city council of the city.
D. "Underground utility district" or "district"
means that area in the city within which poles,
overhead wires and associated overhead structures
are prohibited as such area as described in a resolu-
tion or resolutions adopted pursuant to the provi-
sions of Section 13.08.130.
E. "Poles, overhead wires and associated over-
head structures" means poles, towers, supports,
wires, cables, conductors, guys, stubs, platforms,
crossarms, braces, transformers, insulators, cutouts,
switches, communication circuits, appliances, attach-
ments and appurtenances located above ground
upon, along, across or over the streets, alleys and
ways of the city and used or usable in supplying
electric, communication, community antenna televi-
sion or similar or associate service.
F. "Utility company" means and includes all
persons and entities supplying electric, communica-
tion, community antenna television or similar or
associated service.
G. "Affected persons" means the owners of real
property located within the district, or proposed
district, as shown on the last equalized San Diego
County assessment roll and each occupant of real
property located within the district or proposed
district. (Ord. 1414 § 4, 1974)
13.08.100 Exceptions.
Unless otherwise provided in the resolution creat-
ing the district, this article and any resolution adopt-
ed pursuant thereto shall not apply to the following
types of facilities:
A. Poles, and associated overhead structures,
used exclusively for street lighting or signalization;
B. Overhead wires (exclusive of supporting
structures) connecting to buildings on the perimeter
of a district when such wires originate in an area
28
City of National City, California
COUNCIL AGENDA STATEMENT
siimiVIEETING DATE December 2, 2008 AGENDA ITEM NO.
23
ITEM TITLE PUBLIC HEARING — FISCAL YEAR 2008-2009 SUPPLEMENTAL FUNDING CYCLE FOR THE
CDBG PROGRAM —PUBLIC HEARING #4
PREPARED BY
EXPLANATION
Carlos Aguirre
(Ext. 4391)
DEPARTMENT
Community Development
Housing and Grants Divisi
The purpose of Public Hearing #4 is for the City Council to review public comments received during
the 30-Day Annual Action Plan public review period; and to provide interested persons and
community groups with one last opportunity to share their thoughts regarding the proposed FY 2008-
2009 CDBG supplemental allocation process funding recommendations as part of the FY 2008-2009
Annual Action Plan Amendment #1.
During the supplemental funding cycle, the City completed 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 were incorporated into the
City's FY 2008-2009 Annual Action Plan (AAP) and were made available for a 30-Day public review and
comment period, from October 27, 2008 to November 28, 2008. No public comment was received to
date of this report.
Following the public hearing, and after all public comments have been considered, the City Council will
take final action on the FY 2008-2009 Annual Action Plan Amendment #1.
Environmental Review N N/A
Financial Statement Approved By:
inance Director
The 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 Attachment 1: Public Notice - Summary of the FY 2008-2009 Supplemental CDBG Recommendations
Attachment 2: Public Notice for Public Hearings #3 and #4
A-200 (9/99)
Attachment 1
PUBLIC NOTICE
City of National City
Community Development Department, Housing and Grants Division
Consolidated Plan 2005-2010
Annual 2008-2009 Action Plan Amendment #1
PUBLIC HEARING FOR AN AMENDMENT TO THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
30 Day Public Comment Period
The City of National City is proposing an amendment to the 2008-2009 Annual Action Plan, which
allocates uses and programs associated with the Community Development Block Grant (CDBG)
and HOME Investment Partnerships Program (HOME), federal Housing and Urban Development
(HUD) programs. All funding commitments are pending completion of an Environmental Review
per 24 CFR Part 58.
Proposed Public Service Programs: This amendment proposes to set -aside $310,500 of
supplemental CDBG funds for public service activities. The City is proposing to allocate
supplemental 2008-2009 CDBG funds to the following projects:
$40,000 for Integrity Charter School's Mobile Computer Lab. The Lab serves a low- to
moderate -income area.
$102,987 for National City Host Lions Club's National City Youth Program. The Program
serves a low- to moderate -income clientele.
$87,480 to Community Youth Athletic Center's Champs 4 Life Delinquency Prevention
Program. The Program serves a low- to moderate income clientele.
$30,033 to Boys and Girls Club of National City's Day Camp. The Camp serves a low- to
moderate income clientele.
$50,000 to National City Diablos' Pop Warner Youth Football and Cheer Program. The
Program serves low- to moderate- income clientele.
Review of Proposed Public Service Programs: Detailed information about the FY 2008-2009
supplemental CDBG Program is available for review during regular business hours at the
Community Development Department, Housing and Grants Division (1243 National City Blvd,
National City, CA 91950.)
Comments on Proposed Public Service Programs: Written comments are accepted through
6 p.m., December 6, 2008. Oral comments are accepted during City of National City Public
Hearing, December 6, 2008. Interested persons and community groups are invited to attend this
hearing. All public hearings will be held at the City of National City, City Hall Council Chamber,
located at 1243 National City Boulevard, National City, CA 91950. For more information
regarding this process, please call the Housing and Grants Division at (619) 336-4391. Hearing
impaired persons please use the CAL Relay Service Number 711.
City facilities are wheelchair accessible. 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.
Asistencia en espanol: Para que le interpreten la solicitud en espanol, (lame al (619) 336-4563.
Chris Zapata, City Manager
City of National City
Published in the San Diego Union Tribune
Date: October 28, 2008
Attachment 2
PUBLIC NOTICE
CITY OF NATIONAL CITY
PUBLIC HEARINGS FOR AN AMENDMENT TO THE FISCAL YEAR (FY) 2008-2009
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN (AAP)
Notice is hereby given that the City of National City Council and the Housing and Community
Development Committee (HCDC) will hold two additional (2) Public Hearings:
➢ PUBLIC HEARING #3 — Tuesday, October 21, 2008 at 6:00 p.m.
The purpose is for the Council to discuss their funding recommendations and for the
Council to formulate their funding recommendations for FY 2008-2009 CDBG Supplemental
Application Process
➢ PUBLIC HEARING #4 — Tuesday, December 2, 2008 at 6:00 p.m.
The purpose is to review public comments received during the 30=Day Annual Action Plan
public review period; and to provide interested persons and community groups with one
last opportunity to share their thoughts regarding the proposed FY 2008-2009 CDBG
supplemental allocation process funding recommendations (Annual Allocation Plan)
The estimated amount of Program Income available for each program is as follows:
➢ Community Development Block Grant - $310,500
Interested persons and community groups are invited to attend these hearings. All public
hearings will be held at the City of National City, City Hall Council Chamber, located at 1243
National City Boulevard, National City, CA 91950. For more information regarding this process,
please call the Housing and Grants Division at (619) 336-4279. Hearing impaired persons please
use the CAL Relay Service Number 711.
City facilities are wheelchair accessible. 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.
Asistencia En Espanol: para que le interpreten la solicitud en espanol, Ilame al (619) 336-4279
Nam'
City of National City, California FIRST READING
COUNCIL AGENDA STATEMENT
24
`,AEETING DATE December 2, 2008 AGENDA ITEM NO.
ITEM TITLE AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY
COUNCIL
PREPARED BY George H. Eiser, III DEPARTMENT
(Ext. 4221)
EXPLANATION
Please see attached memorandum.
City Attorney
Environmental Review I N/A
Financial Statement
Funds are available.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Introduction of Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
7 Memorandum
Proposed Ordinance
Resolution No.
A-200 (9/99)
ORDINANCE NO. 2008 —
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHING THE COMPENSATION OF
THE MAYOR AND THE CITY COUNCIL, AND
THE CHAIRMAN AND BOARD MEMBERS OF THE
COMMUNITY DEVELOPMENT COMMISSION
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. That the base monthly compensation for the City Council is
hereby fixed at $1,000.12 per month, pursuant to the provisions of Sections 36516 and 36516.5
of the California Government Code.
Section 2. That the base monthly compensation of the Mayor is herby fixed
at $3,809.63 per month, pursuant to the provisions of Section 36516.1 of the Government Code.
Section 3. That the compensation for the Chairman and each Board Member
of the Community Development Commission shall be as prescribed by Section 34130.5(e) of
the California Health and Safety Code.
Section 4. That the benefits for the Mayor and City Council shall be
established as forth in the attached Exhibit "A", which is incorporated herein by reference.
PASSED and ADOPTED this day of , 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
MAYOR
City to pay $750/month for car allowance.
MAYOR AND CITY COUNCIL
a) City to pay $850/month for health coverage with a cash -in -lieu option.
b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance
policy already provided by City.
c) City to pay $350/month for expense account.
d) City to establish annual fund of $3,000 to be used for college level language
training in a foreign language.
e) City to pay full City and official's portion of PERS contribution, and contract
options shall be the same as those granted to other PERS Miscellaneous
Members within the City.
All other benefits for Mayor and City Council are to remain the same.
EXHIBIT "A"
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Attorney
George H. Eiser, III
- CALIFORNIA
NAT10 AL envy
�UVQ
INCORPORATED J
Office of the City Attorney
TO: Mayor and City Council DATE: November 20, 2008
FROM: City Attorney
SUBJECT: Adjustments to Compensation for Mayor and City Council
Government Code Section 36516.5 provides that a change in compensation does not apply to a
councilmember during his/her term in office. However, compensation for all members of the City
Council may be adjusted whenever one or more members become eligible for an increase by virtue
of beginning a new term of office. As a result, adjustments to compensation of Council members
have historically been geared to elections at which members begin a new term in office.
Pursuant to Government Code Section 36516(c), the City Council may, by ordinance, increase its
compensation by 5% per calendar year from the date of the last increase in compensation.
Pursuant to Government Code Section 36516.1, an elected mayor may be provided with
compensation in addition to that which he/she receives as a councilmember, pursuant to an
ordinance or by a vote of the electors at a municipal election. There are no limitations imposed
on the amount of the mayor's compensation, although the City Council has historically adjusted
the Mayor's salary by the same percentage as the City Council's.
On January 7, 2003, the City Council adopted Ordinance No. 2003-2215, which set the base
salary of the City Council at $909.20 per month, the base salary of the Mayor at $3,463.30 per
month, and the base salary of the Chairman and Board Members of the CDC at S975.33.
AB 11, effective January 1, 2006, added Section 34130.5 to the Health and Safety Code.
Pursuant to that statute, CDC compensation was limited to $150 per meeting, with a maximum
of $300 per month. This limitation applies to CDC compensation for the Chairman and all Board
Members.
At the City Council meeting of January 16, 2007, the Mayor and Council adopted Ordinance No.
2007-2289, which increased their salaries by the same percentages, on the same dates, and
subject to the same conditions as the salary increases, if any, for the Municipal Employees'
Association. On December 4, 2007, the Mayor and Council adopted Ordinance No. 2007-2299,
which repealed Ordinance No. 2007-2289, thus leaving the salary and benefits of the Mayor and
City Council at the same level as they existed since January, 2003.
Adjustments to Compensation
November 20, 2008
Page Two
As mentioned above, pursuant to Government Code Section 36516(c), the City Council may
increase its compensation by 5% per calendar year from the date of the last increase in
compensation. Because the Council's last increase in compensation occurred in January, 2007,
the City Council may at this time increase its salary by 10%, and may adjust the Mayor's
compensation as the Mayor and Council deem appropriate. A 10% increase in the salary of the
City Council would result in a salary of $1,000.12 per month. A 10% increase in the salary of the
Mayor would result in a salary of $3,809.63 per month. Pursuant to Health and Safety Code
Section 34130.5(e), CDC compensation must remain at $150 per meeting.
The proposed ordinance assumes a 10% increase in the compensation of the Mayor and City
Council. The Council may implement a compensation increase according to a method other than
one based on a percentage, such as tying any increase to that received by MEA employees,
provided that it does not result in an increase greater than 10%.
GO gat,GEORGE II. EISER, I11
City Attorney
GI 1E/gmo
City of National City, California
CITY COUNCIL AGENDA STATEMENT
MEETING DATE December 2, 2008 AGENDA ITEM NO.
25
ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING
TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.24 PERTAINING TO
GENERAL PROVISIONS
PREPARED BY
EXPLANATION
Claudia G. Silva
(Ext. 4222)
DEPARTMENT City Attorney
This amendment is to update our current holiday ordinance. Holidays were added and deleted,
and clarifications were made in this amendment. Two holidays were added to the itemized holidays:
Martin Luther King, Jr. Day and Cesar Chavez Day. Certain dates were deleted, specifically September
9'h the fourth Monday in October, and any election day. In addition, clarifications were included to
explain that these holidays did not require City closure, except in the following instances: 1) the
President declared a public fast, thanksgiving, or holiday; or, 2) the City Council required City closure by
resolution or ordinance; or, 3) pursuant to an approved memorandum of understanding between the City
and a labor union. Lastly, should there be any conflict between the holidays in the ordinance and an
approved memorandum of understanding, the memorandum of understanding would govern in regard to
the particular labor group.
Environmental Review NI N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Introduction of Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
, Proposed Ordinance
A-200 (9/99)
ORDINANCE NO. 2008 —
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING TITLE 1
OF THE NATIONAL CITY MUNICIPAL CODE BY
AMENDING CHAPTER 1.24, SECTION 1.24.010
OF THE CITY'S "HOLIDAYS NAMED" ORDINANCE
BY ADDING CERTAIN HOLIDAYS, DELETING
UNNECESSARY DATES, AND CLARIFYING THE LANGUAGE
BE IT ORDAINED by the City Council of the City of National City that Title 1 of
the National City Municipal Code is amended as follows:
Section 1. Chapter 1.24 of the National City Municipal Code is hereby amended by
amending Section 1.24.010 to read as follows:
1.24.010 Holidays named. The first day of January, the third Monday in January,
the twelfth day of February, the third Monday in February, the 31 s' day of March, the last
Monday in May, the fourth day of July, the first Monday in September, the second Monday in
October, the twenty-fifth day in December, every Sunday, and every day appointed by the
President of the United States for a public fast, thanksgiving, or holiday are declared to be
holidays. If any of the days specifically mentioned in this section by day of the month falls upon
a Saturday, the Friday preceding is a holiday, and if any of the days specifically mentioned in
this section by day of the month falls upon a Sunday, the Monday following is a holiday. The
public offices of the City shall not be required to he closed on these holidays, except as required
by a day declared by the President to be for a public fast, thanksgiving, or holiday, or as
required by the City Council by separate resolution or ordinance, or as agreed upon in a City
Council approved memorandum of understanding between the City and a recognized employee
representative bargaining unit.
If the provisions of this section are in conflict with the provisions of a City Council
approved memorandum of understanding reached pursuant to Government Code Section
3500, et. seq., the memorandum of understanding shall be controlling without further legislative
action.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTE ST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City, California
CITY COUNCIL AGENDA STATEMENT
,,,...„JIEETING DATE December 2, 2008 AGENDA ITEM NO.
26
ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING
TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.04 PERTAINING TO THE
CITY COUNCIL
PREPARED BY
EXPLANATION
Claudia G. Silva
(Ext. 4222)
DEPARTMENT City Attorney
This ordinance clarifies the City's long-standing practice of dispensing Council meetings when they fall
on a holiday or election day. In particular, this amendment clarifies that the City Council does not meet
on an election day, regardless of whether or not a candidate for city office or a city measure is on the
ballot.
Environmental Review J N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Introduction of Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
`.. Proposed Ordinance
A-200 (9/99)
ORDINANCE NO. 2008 —
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE
BY AMENDING CHAPTER 2.04, SECTION 2.04.020
"DISPENSING WITH MEETINGS" BY PROVIDING GREATER
SPECIFICITY TO THE PROVISION THAT THE CITY COUNCIL
DOES NOT MEET ON AN ELECTION DAY.
BE IT ORDAINED by the City Council of the City of National City that Title 2 of
the National City Municipal Code is amended as follows:
Section 1. Chapter 2.04 of the National City Municipal Code is hereby amended by
amending Section 2.04.020 to read as follows:
2.04.020 Dispensing of Meetings. In the event that the time of a regular meeting of
the city council falls on a holiday or election day, whether or not a candidate for city office or a
city measure appears on the ballot, no meeting will be held that week. Any regular meeting may
be dispensed with by a vote of the city council.
PASSED and ADOPTED this day of , 2008.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
\,,,Ii..„AEETING DATE December 2, 2008
AGENDA ITEM NO.
27
.-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN AMENDMENT #1 FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP
ACT (HOME) PROGRAMS
PREPARED BY Carlos Aguirre \ / DEPARTMENT Community Development
(Ext. 4391) ,c Housing and Grants Division
EXPLANATION
Upon the conclusion of Public Hearing #4, the City Council will consider the adoption of the attached
resolution approving the FY 2008-2009 Annual Action Plan Amendment.
The Annual Action Plan (AAP) Amendment addresses the housing and community development needs
assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the
City Council in May 2005. The AAP Amendment includes a listing of projects/activities to be
undertaken in FY 2008-2009 utilizing CDBG and HOME program income available.
Environmental Review Ni N/A
Financial Statement
Approved By:
Finance Director
The amount of funding available for FY 2008-2009 supplemental cycle for each program is as follows:
Community Development Block Grant - $2,070,000
Home Investment Partnership Program - $1,200,000
Account No.
STAFF RECOMMENDATION
Adopt attached resolution.
BOARD / COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: Resolution for Amendment #1 to the Dept of HUD FY 2008-2009 Annual Action Plan
A-200 (9/99)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE 2008/2009 ANNUAL ACTION PLAN
AMENDMENT NO. 1 FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND THE HOME INVESTMENT
PARTNERSHIP ACT (HOME) PROGRAMS
WHEREAS, as an entitlement community, the City of National City administers
the Community Development Block Grant (CDBG) and the Home Investment Partnership Act
(HOME) Program for the Federal Government under the United States Department of Housing
and Urban Development (HUD); and
WHEREAS, the Dept. of HUD requires that all CDBG and HOME Program
entitlement communities, such as the City of National City, hold a public hearing to solicit input
on a Substantial Annual Action Plan Amendment; and
WHEREAS, the City Council conducted a duly advertised public hearing on
September 2, 2008, October 7, 2008, October 21, 2008, and December 2, 2008; and
WHEREAS, the Annual Action Plan Amendment addresses the housing and
community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-
06 through 2009-10, adopted by the City Council in May, 2005. The Annual Action Plan
Amendment No. 1, attached hereto as Exhibit "A", includes a listing of projects/activities to be
undertaken in FY 2008-2009 utilizing CDBG and HOME program income available; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City hereby approves and authorizes the submission of the FY 2008-2009 Annual
Action Plan Amendment No. 1 for the CDBG and HOME funds to the U.S. Department of
Housing and Urban Development (HUD).
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City
AMENDMENT#1 TO THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY 2008-2009 SUPPLEMENTAL FUNDING FROM PROGRAM INCOME
FY 2008- 2009 SUPPLEMENTAL CDBG FROM PROGRAM INCOME
$2,070,000
#
AGENCY NAME /
ACTIVITY NAME
OBJECTIVE CATEGORY /
OUTCOME CATEGORY
PROPOSED
NUMBER TO BE
SERVED
CDBG
FUNDING
PUBLIC SERVICE ACTIVITIES
1
Integrity Charter School/ ICS Technology
Enhancement
Suitable Living Environment /
Availability -Accessibility
104 Households
$40,000
2
National City Host Lions Club/ National
City Youth Enhancement
Suitable Living Environment /
Availability -Accessibility
1000 Households
$102,987
3
Community Youth Athletic Center/ Champs
for Life Delinquency Prevention Program
Suitable Living Environment /
Availability -Accessibility
220 Individuals
$874480
4
Boys and Girls Clubs of National City/ Day
Camp Program
Suitable Living Environment /
Availability -Accessibility
75 Individuals
$30,033
5
National City Diablos / National City Pop
Warner Youth Football and Cheer Program
Suitable Living Environment /
Availability -Accessibility
450 Individuals
$50,000
TOTAL FOR PUBLIC SERVICE ACTIVITIES
$310,500
PRIOR YEAR COMMITMENTS FOR PHYSICAL IMPROVEMENT ACTIVITIES
Public Facility Improvement Activities
6
City of National City - Fire Department /
Fire Station Construction - Section 108
Loan Payment
Suitable Living Environment /
Availability -Accessibility
1 Public Facility
Improvement
$1,759,500
TOTAL FOR PRIOR YEAR COMMITMENTS
$1,759,500
HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM
FY 2008-2009 SUPPLEMENTAL FUNDING FROM PROGRAM INCOME
r r SUPPLMENTAL FY 2008- 2009
r $i$OO OOD- .
HOME.
_FUNDING
HOME PROGRAM ENE`ITLEMENT
TIVECAT
OBJECEGORY /
OUTCOME CATEGORY, ..•'
#
fi
AGENCY MANE /
F , ; ACTIVITY NAME.
AFFORDABLE HOUSING ACTIVITIES
7
Casa Familiar/Mitch Thompson/Don
Countryman / National City Small Site
Acquisition & Rehabilitation Program
Decent Housing /
Affordability
18 Households
$927,881
8
Habitat for Humanity / 1441 Harding Ave
(New In -fill Housing Construction)
Decent Housing /
Affordability
3 Households
$272,119
TOTAL FOR AFFORDABLE HOUSING ACTIVITIES
$1,200,000
EXHIBIT "A"
Fourth Program Year Action Plan (Amendment #1)
PREPARED BY Jeanette Ladrid
Finance Directo
EXPLANATION
City of National City, California
COUNCIL AGENDA STATEMENT
‘414nEETING DATE August 19, 2008 AGENDA ITEM NO.
28
ITEM TITLE RESOLUTION AUTHORIZING THE AMENDMENT OF THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) TO CLOSE OUT
APPROPRIATIONS IN THE AMOUNT OF 628,880 FROM CIP NUMBER 6033 AND
ALLOCATE TO CIP NUMBER 6035 (PROPOSITION A FUNDS)
DEPARTMENT Finance x 4331
The City of National City receives annual TransNet allocations from the San Diego Association of
Governments (SANDAG). These funds supplement the City's existing highway and local street and road
improvement programs. The City's Engineering Department submits an annual spending plan to
SANDAG's transportation committee which itemizes the City's uses of funds. In the events that the
spending plan is modified, it is required that the City Council approve a reallocation of the funds. Once
the Council approves the reallocation, the signed resolution must be provided to SANDAG's committee for
approval.
The Finance Department has performed an internal review of the Proposition A Fund. In order to
reconcile the City's records to SANDAG's, staff requests approval to close out Capital Improvement
Project #6033 (N Avenue from 8th to Plaza), with a balance of $628,880 and transfer the appropriation to
Capital Improvement Project #6035 (Street Resurfacing).
Environmental Review X NIA
Financial Statement Close out 307-409-500-598-6033 in the amount of 628,880
Establish additional appropriations of 628,880 in 307-409-500-598-6035 in the amount of
628,880
Account No.
STAFF RECOMMENDATION
. Approve Resolution authorizing the re -allocation of funds and
. Authorize staff to submit project amendment to SANDAG
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
A-200 (9/80)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE AMENDMENT OF THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM (RTIP) TO CLOSE-OUT
APPROPRIATIONS IN THE AMOUNT OF $628,880 FROM
CAPITAL IMPROVEMENT PROJECT NUMBER 6033 AND
ALLOCATE THE FUNDS TO CAPITAL
IMPROVEMENT PROJECT NUMBER 6035
WHEREAS, the City of National City receives annual TransNet allocations from
the San Diego Association of Governments (SANDAG) that supplement the City's existing
highway and local street and road improvement programs; and
WHEREAS, the Engineering Department submits an annual spending plan to
SANDAG'S transportation committee that itemizes the City's utilization of the funds; and
WHEREAS, in the event that the spending plan is modified, it is required that the
City Council approve a reallocation of the funds, which must be approved by SANDAG'S
transportation committee; and
WHEREAS, in order to reconcile the City's records to SANDAG'S, staff requests
approval to close out Capital Improvement Project No. 6033 (N Avenue from 8th to Plaza
Boulevard), with a balance of $628,880, and transfer the appropriation to Capital Improvement
Project No. 6035 (Street Resurfacing).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes amending the Regional Transportation Improvement Program to
close-out appropriations in the amount of $628,880 from Capital Improvement Project No. 6033
(N Avenue from 8th to Plaza Boulevard) and transfer the appropriation to Capital Improvement
Project No. 6035 (Street Resurfacing).
PASSED and ADOPTED this 2nd day of December, 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
CITY COUNCIL AGENDA STATEMENT
IEETING DATE December 2, 2008
AGENDA ITEM NO.
29
ITEM TITLE LEASE BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS' AND GIRLS' CLUB OF
NATIONAL CITY OF CITY PROPERTY LOCATED AT 1430 "D" AVENUE AND 1521 "C" AVENUE
PREPARED BY George H. Eiser, III 1lPf DEPARTMENT City Attorney
(Ext. 4221)
EXPLANATION
Since 1989, the City has leased a portion of Kimball Park fronting on "D" Avenue to the Boys' and
Girls' Club of National City ("BGCNC"). The lease is for the land only; the BGCNC constructed and owns
the building on the site. The premises may be used only to maintain the BGCNC. The lease term is 55
years, at a rental of $1.00 per year.
Ms. Allie Pruitt, the President of the BGCNC, has recently informed me that the BGCNC is
planning to merge with the Boys' and Girls' Club of Greater San Diego on January 1, 2009. It is the desire
of the BGCNC to vest ownership and all interests in the leased premises to the City of National City prior
to the merger (please see attached letter from Ms. Allie Pruitt). I have discussed this matter with Ms.
Pruitt, and we have determined that the best way to accomplish this is for the BGCNC to execute a
quitclaim deed of the premises to the City of National City. Concurrently, the City would enter into a month
to month tenancy with BGCNC, which could later be terminated to allow the City to enter into a lease with
the Boys' and Girls' Club of Greater San Diego.
Environmental Review J N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Provide direction to staff.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Letter from Boys' and Girls' Club President
A-200 (9/99)
11/24/2008 13:11 775--886-6094
FEDEX KINKO'S 0777 PAGE 02
City of National City
City Council
1243 National City Boulevard
National City, CA 91950
November 21, 2008
Honorable Mayor and Council Members
Today, the Boys & Girls Clubs of National City announced the merger of the Boys &
Girls Clubs of National City with the Boys & Girls Clubs of Greater San Diego. The
sole purpose of the merger is to better serve the youth of our community. The merger
is scheduled to be in affect January 1, 2009. In these challenging economic times, this
decision was made to insure the future operation of a Boys & Girls Clubs Program for
the youth of our community.
In order to protect the interest of the citizens of National City, the Board agreed to
Quit Claim the Boys & Girls Clubs of National City's facility, building located at
1430 D Avenue, to the City of National City prior to January 1, 2009. The Boys &
Girls Clubs of National City can then lease the facility month to month until the
merger is official. After the official merger date, the facility and land can be leased to
the Boys & Girls Clubs of Greater San Diego for the expressed purpose of operating a
Boys & Girls Clubs program for the youth of National City. The Boys & Girls Clubs
of Greater San Diego will be required to assume all responsibilities of said facility
(maintenance and repair) in the same manner that the Boys & Girls Clubs of National
City did in the past. The Boys & Girls Clubs of Greater San Diego will be required to
maintain adequate insurance coverage of said facility in the manner that is currently
required by the City of National City.
The City Attorney advised that Council action is necessary to initiate the Quit Claim
to change ownership of the BGCNC building; therefore, I propose that a request to
initiate that process become an agenda item for the Council meeting scheduled on
December 2, 2008. The BGCNC appreciate your support and look forward to working
with the city to safeguard the youth of our community_
Thank you for your consideration.
Sincerely,
Allie Pruitt
President
The Positive Place for Kids
BOYS & GIRLS CLUBS
of National City
1430 D Avenue
National City, CA 91950
(619) 477 - 5445
Fax (619) 477 - 9177
www.becnc_org
SUPPORTED IN PART BY
uniodmwm
ante
AGENCY 96166
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE December 2, 2008
AGENDA ITEM NO.
30
ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for th ee
Construction of a Day Care Center at the Southwest Corner of Highland Avenue and Division Street
(Applicant: Ricardo Perez) (Case File 2008-27 CUP)
PREPARED BY Martin eeder, 336-4310 DEPARTMENT Planning
EXPLANATION
The project site is a vacant lot, located at the intersection of Division Street and Highland Avenue, in the
General Commercial (CG) Zone. The 10,060 square -foot, L-shaped lot property has 125 feet of frontage on
Division Street, 65 feet on Highland Avenue and 44 feet on an alleyway to the south of the site. The property
slopes upward from Division Street towards the rear of the site.
The applicant proposes to construct a 3,145 square -foot day care center on the property. The single -
story building would have four classrooms and ancillary rooms (office, nurse station, kitchen, and
bathroom). The proposal includes an outside play area in the southwest corner of the lot and a five -
space parking lot. Two driveways are proposed, one from Division and the other from Highland, with a
one-way circulation design (ingress on Highland, egress on Division). Plans include a vegetated buffer
around the building/play area and along the property frontages, as well as a six-foot block wall and wood
fence along the interior property lines, with a six-foot block wall/wrought iron fence combination along the
Highland and Division frontages. The day care center would accommodate 48 children and seven staff
members and operate weekdays from 6:00 a.m. to 6:00 p.m.
Planning Commission held a hearing on November 17, 2008 where they asked questions of the
applicant regarding traffic circulation, parking and age of children attending the center. 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 the de n of the Planning Commission and recommends that the Notice of Decision
be filed.
' •/cos l\-Q-a%
BOARD / COSSION RECOMMENDMION
The Planning Commission approved the Conditional Use Permit.
Ayes: Alvarado, Farias, Baca, Flores, Reynolds Nays: DeLaPaz Absent: Pruitt
I ATTACHMENTS ( Listed Below )
1.
''••, 1. Planning Commission Resolution No. 44-2008
2. Location Map
Resolution No.
3. Site Photos
4. Reduced site plan, elevations, details
A-200 (9/99)
RESOLUTION NO. 44-2008
A RESOLUTION OF 'HIE PLANNING COMMISSION
OF'I THE CITY OF NATIONAL ('II'Y, CALIFORNIA,
APPROVING A CONDITIONAL USE: PFRM1'[ FOR
Ti IF CONSTRUCTION OF A DAY CARE ('FN'I'FR A'l' 1'I IF
SOUTHWEST ('(:)RNFR OF HIGHLAND AVENUE ANI) DIVISION STREET
APPLICANT: RICARI)O PFRFL.
CASE FILE NO. 2008-27 CUP
WHEREAS, the Planning Commission of the City of National (.'ity considered *a
Conditional Use Permit for the construction of a day care center at the southwest corner of
Highland Avenue and Division Street (APN: 556-061-33) at a duly advertised public hearing held
on November 17, 2008, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public Bearings the Planning Commission considered the staff report
contained in Case File No. 2008-27 CUP maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and,
\V'IIFRFAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to he essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the (.'ity of
National City, California, that the testimony and evidence presented to the Planning Commission
at the public hearing held on November 17, 2008, support the following findings:
That the site for the proposed use is adequate in size and shape, since the 0.2 3-acre site is
currently vacant and the proposed structures would meet setbacks, parking and provide
adequate landscape areas.
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 lighland Avenue and Division Street, both secondary arterial streets, can accommodate the
estimated 130 to 240 average daily trips potentially generated by the project.
3. That Ole proposed use would not have an adverse effect upon adjacent or abutting
properties, since the height of the building is below the adjacent residences and will not
affect views in the area, and since there will he a minimum six-foot tall block wall along
property lines bordering neighboring residences to provide security and reduce potential
noise generated from the day care use.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the use will provide for child day care facilities for the benefit of the
sun-ounding community.
1
BE', FT E t.JRTI IER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
This Conditional Use Permit authorizes the construction of a 3,145 square -foot daycare center
on a vacant 0.23-acre lot. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform to Exhibit A, 2"`► Revision, Case File No.
2008-27 CtJP, elated 10/30/2008.
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 prior to
issuance of grading plans. The landscape plan shall reflect the use of drought tolerant planting
and water conserving irrigation devices.
Provide a letter from FDCO certifying that they can provide service to the project as
proposed.
4. Plans must comply with the 2007 editions of the California Building Code, the California
Mechanical Code, the Calitornia Plumbing (:'ode, the California Electrical Code,
California Fire Code and California Title 24 energy and handicapped regulations.
5. Television cable companies shall he notified a minimum of 48 hours prior to filling of cable
trenches.
6. The six -toot block NvaII shall he constructed of decorative/variegated Klock (e.g., split -tare
block, slumpstonc, textured block, stucco). Plans shall note that the wall will be a minimum
of six feet tall as measured from the outside of the property.
7. Exterior walls of buildings/trash enclosures to a height of not less than 6 feet shall he treated
with a graffiti resistant coating subject to approval from the Building and Safety Director.
Graffiti shall he removed within 24 hours of its observance.
A lighting plan shall he submitted prior to building permit showing all parking lot, walkway,
building and accent lighting throughout the property.
The maximum number of children cared for at the day care center shall be limited to 48 at one
time.
S.
9.
10. Day care center staff shall he on hand during drop-off and pick-up times (5:30 a.m. to 6:00 a.m.
and 6:00 p.m. to 6:30 p.m.) to check in and check out children to aid in the dissipation of
parent vehicles.
1 1. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation
Plan (SIJSMP) is required to be completed and submitted to the Engineering Department.
'Hie checklist will be required when a project site is submitted for review of the ('ity
Departments. I'he checklist is available at the Engineering Department. If it is determined
that the project is subject to the "Priority Project Permanent Storer Water BMP
Requirements" and the City of National City Storm Water Best Management Practices of the
Jurisdictional t Runoff Management Program (JURMP) an approved SUSMP will be
required prior to issuance of an applicable engineering permit: the SUS MP shall be prepared
by a Registered Civil Engineer.
12. The Best Management Practices (BMPs) for the maintenance of the proposed construction
shall be undertaken in accordance with the National Pollutant Discharge Elimination System
2
(NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP)
for the project. An approved SWPPP will be required prior to issuing of a construction
permit.
13. All surface run-off shall be collected by approved drainage facilities and directed to the street
by sidewalk undcrdrains or a curb outlet. Adjacent properties shall be protected from surface
nun -off resulting from this development
14. A grading and drainage plan shall be submitted showing all of the proposed and existing on -
site and oft -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 he implemented with the design of the
grading. "l'his shall include the provision of such devices as stone dram 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 he
signed and recorded. A checklist for preparation of the grading plan/drainage plan is
available at the Engineering Department.
15. A sewer permit will be required. The method of sewage collection and disposal shall be
shown on the grading/drainage plan. Any new sewer lateral in the ('ity right-of-way shall he 6
inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the
location of the lateral.
16. A soils engineering report shall he 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 hearing pressure
and the required pavement structural sections for the proposed streets, the parking areas, and
the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-
inch Class Ii aggregate base. "i'he street pavement sections shall he in accordance with
National City modified Standard Drawing (i-34. All soils report findings and
recommendations shall he part of the Engineering Department requirements.
17. The deteriorated portions of the existing street improvements (on Ilighland Avenue) along
the property frontages shall he removed and replaced.
18. 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.
19. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping
and retaining wall work shall be submitted with the plans. A performance bond equal to the
approved cost estimate shall he posted. "Tree 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. "i'he deposit is subject to adjustment according to actual worked
hours and consultant services.
20. Prior to grading and improvement plan submittal, the applicant shall provide a parking lot
striping and circulation plan showing a one-way circulation system from i lighland Avenue to
3
Division Street. The plan shall include a signage plan showing directional arrows, "no entry"
signs and tire lane markings to the satisfaction of the City Traffic Engineer.
21. Plans are to be built to the current editions of the 2007 CF(', 2007 edition of NFPA and the
current edition of the 2007 ('UC.
22. If occupancy at any given time is 50 or greater, illuminated exit signs shall be provided at all
required exits. Exit signs shall he green in color (National City Municipal Code).
23. If occupancy at any given time is 50 or greater, panic hardware shall he placed at required
exits.
24. The applicant shall maintain internal roadway access for tire apparatus in accordance with the
current California Fire Code and California Vehicle Code by providing an unobstructed
width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6
inches. Where the internal access roadway width would he reduced below 20 feet due to
parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the
adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in
white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Fngineer.
Furthermore, the following rules shall apply unless an exception is granted by the Fire
Marshall and/or City Fngineer: I) parking shall be prohibited on both sides for roadway
widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths
between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths
greater than or equal to 40 feet.
25. If gated, a rapid entry system for Emergency Department access shall he provided in
compliance with Municipal Code Chapter 10.47.
26. The owner shall coordinate with Sweetwater Authority (submit a site plan showing actual
facilities, street improvement plan, irrigation plan, fire flow requirements and tire service plans,
and a plumbing plan with a fixture -unit count) before an estimate for water facilities can he
prepared. The owner shall enter into an agreement with the Authority for any water facility
improvements required for the proposed project.
27. The bus stop adjacent to the property shall be relocated south of the proposed driveway from
Highland Avenue. The applicant shall work with MTS to determine the relocation of the bus
stop prior to grading permit. The applicant shall provide a detail of the bus stop, reflected on
the grading plan and/or landscape plan, to include a bench and trash can consistent with MTS
S
standards. Should the relocation of the bus stop not coincide with the issuance of the grading
plan, the applicant shall Ixxuf for those improvements. The bus stop improvements shall be
completed prior to certificate of occupancy, to the satisfaction of the City and MTS.
28. Before this Conditional 1.Jse Permit shall become effective, the applicant and the property owner
both shall sign and have notarized an Acceptance Form, provided by the Planning I)epa►tment,
acknowledging and accepting all conditions imposed upon the approval of this permit. Failure
to return the signed and notarized Acceptance Form within 30 days of its, receipt shall
automatically terminate the Conditional Use Permit. The applicant shall also submit evidence
to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is
recorded with the County Recorder. The applicant shall pay necessary recording fees to the
County. The Notice of Restriction shall provide information that conditions imposed by
approval of the Conditional Use Permit are binding on all present or future interest holders or
4
estate holders of the property. The Notice of Restriction shall he approved as to firm by the
City Attorney and signed by the Planning Director prior to recordation.
29. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section
18.1 16.190 of the Municipal Code.
BE IT FURTI IER RESOLVED that copies of this Resolution he transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day
following the ('ity Council meeting where the Planning Commission resolution is set for review, unless
an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council
meeting. The ('ity ('ouncil may, at that meeting, appeal the decision of the Planning Commission and
set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
November 17, 2008, by the following vote:
AYES:
NAYS:
Alvarado, Farias, Baca, Reynolds, Flores
Dei.aPaz
ABSENT: Pruitt
ABSTAIN:
2
CI !AIRWOMAN
5
PROJECT LOCATION
50 0 50 100 Feet
ZONE BOUNDARY - - - • CITY BOUNDARY
AN
LOCATION M A P 2008-27 CUP
Conditional Use Permit for a Daycare Center at
the Southwest Corner of Highland Avenue and Division Street
NATIONAL CI6TY PLANNING
DRN. DATE:
11/4/08
INITIAL
HEARING:
11/17/08
2008-27 CUP -- Site Photos
Looking north from southwest corner of site
Looking east from west property line
7
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7
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8
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City of National City, California
COUNCIL AGENDA STATEMENT
41EETING DATE December 2, 2008
AGENDA ITEM NO.
31
ITEM TITLE TEMPORARY USE PERMIT — Christmas at Morgan Square hosted by the Community\
Services Department on December 5, 2008 at Morgan Square between 9th Street and National City
Boulevard
PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services
EXPLANATION
This is a request from the Community Services Department conduct the 21st event at Morgan Square
(between 9th and National City Blvd. on December 5, 2008. This event will include the lighting of the
Christmas Tree ceremony, entertainment by children's groups, and a snow area. There will also be a
Christmas bazaar where food, drinks, and various other items will be sold from booths.
Street closures are required on Traffic Circle, A Avenue, and 9t Street at Morgan Square.
A waiver of fees is requested by the applicant.
Environmental Review X N/A
Financial Statement
The City has incurred $237.00.00 for processing the
TUP through various City departments, plus $572.25 for
Public Works and $349.00 for Fire Dept. Total fees are $1158.25
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval. Please waive fees for this event as it is a City sponsored event....
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
NEIBORHOOD SERVICES DIVISION
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Community Services Division
EVENT: Christmas at Morgan Square
DATE OF EVENT: December 5, 2008
TIME OF EVENT: 5 p.m. — 8 p.m.
APPROVALS:
PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x
COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ]
RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ]
ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ]
PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x
FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ]
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ]
CONDITIONS OF APPROVAL:
PLANNING (619) 336-4310
Christmas at Morgan Square - 1 suggest some traffic control or street closure due
to the dead end streets and lack of parking in the area — most of it designated for
residents. There may be a potential conflict with the Union Bank during the setup
at 12:00 since I believe the bank is open past 12. Where will the booths be
located — in the street? Also, authorization by Union Bank to use their parking lot
is recommended. Arc any port -a -potties being provided?
POLICE (619) 336-4400
t is the recommendation of the Police Department that the City Council approve
the use of (2) officers on an overtime basis to work this event. In addition, I will
put in a request and see if there are any reserves officers available that evening to
provide additional security
9) All cooking booths or areas to have one 2A:IOBC fire extinguisher. If
grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will
be required. All fire extinguishers to have a current State Fire
Marshal Tag attached. Please see attached example.
10) A fire safety inspection is to be conducted by the Fire Department prior to
operations of the event to include all cooking areas etc.
1 1) Provide map of site area. Map to include placement of Fire
Department requests.
12) Fees can only be waived by City Council.
FINANCE (619) 336-4330
All Booth vendors must have a National City business license.
RISK MANAGER (619) 336-4370
I've reviewed the application for the proposed use and note that the event will
be held entirely on public property at Morgan Square and the adjacent streets
of A Avenue and 9th St. The applicant sponsoring organization is the City's
Community Services Department so no separate insurance is required. While
the event itself poses no unusual risk to the public or City assets, plans to
close down streets must he approved by NCPD. In addition, if a vendor or
contractor is used to provide "snow", the City must require the following
insurance coverages: commercial general liability insurance with limits of at
least $1 M per occurrence/$2M aggegate; auto liability coverage of $1 M
combined single limits and workers compensation coverage to satisfy CA
requirements, as well as employers' liability coverage of $1 M per accident -for
all employees subject to the requirements. If the vendor has no employees, he
must sign a declaration to that effect. We also require additional insured
endorsements in favor of the City on the CGL and auto coverages and a
waiver of subrogation on the WC policy.
Otherwise, I have no objections to the application.
PUBLIC WORKS (619) 336-4580
Public Works Department staff has reviewed the application for subject
Temporary Use Permit (TUP) and recommends approval subject to the
conditions listed below:
Street Division
1. Staff will deliver barricades to street corners or to applicant prior to the
event. The applicant shall install these barricades and remove them to a safe
location at the conclusion of the event. Staff will pick them up on the
following workday.
2. Staff will post "no parking" signs along affected streets before the event.
3. The cost to provide street personnel support for this event is estimated to
be $105.21. This amount should be paid to the city, unless waived by the City
Council.
• Man hours 3 hrs @ $32.57/hr $ 97.71
• Barricades 6 @ $0.35 ea $ 2.10
• "No Parking" signs 12 (ct) $0.45 ea $ 5.40
• Total $ 105.21
Facilities Division:
1. Facilities will have one electrician available. The electrician will do the
electrical set ups and monitoring
2. Cost of labor overtime for electrician is as follows:
• 6 hours (3 pm to 9 pm) 6 hrs@ $33.32/hour $ 199.92
3. Facilities will have 2 custodians available. Custodians will do cleanup
before, during and after the event.
4. Cost of labor overtime for 2 custodians is as follows:
• 6 hrs each (3 pm to 9 pm) 12 hrs (a) $22.26/hr $ 267.12
• Total $ 467.04
Parks Division
No involvement.
Fees:
Unless waived by the City Council, the applicant shall pay $572.25 for staff
costs associated with this permit request. This cost was estimated as follows:
Street Division: $ 105.21 (Acct #001-422-000-102-0000)
Facilities Division: $ 467.04 (Acct #626-422-223-102-0000)
Total: $ 572.2 5
'1, ;: :1;.1.1.1,••• • !'•••••, .• 1.,.....• •; • • ,•, • •
*. • '.•.•
Type of Event:
Public Concert
Parade
Motion Picture
Fair
Demonstration
Grand Opening
Event iitle:C-V\C5VIAA4$ exit-
Event Location tik-09—C.7140 SCZQ
ec
Circus
_ ()flier
Moer,d4e3
)&Community Event
Block Party
Event Date(s): From L2sto %)-1 5.-- Total Anticipated Attendance:
‘-- 10,1111Day/Year ( . Pc's Participants)
L. __ _ Spectators)
/..;:tual Event Hours: S---- an __.
Setup/assembly/construction Date. Start ti k me.
- ...._
Please descrrbe the scope of your setirplassembly work (specific (tetails): . .. . _ .....
ce4 ve 0-P 1-Abfer
4f-446Q--- boa4-ko
iDismantle Date
ccic..42-5 4)42_
Completion Tirne.. _
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.
A Atte- j
Moe-cifitv
Ct-lh
S4-
• 114:••:' 4) +ff..
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Sponsoring Organization: C-004MUMI Ty a etif C-tS till— Fur Profit
`e- Not for -Profit
Chief Officer of Organization Natrie) ‹ftkc Ek•fi/k
Applicant (Name): 2-0 GI) &-2
Adcir; 3 JC 'L/C)
Daytime phone 331(sTool_.velling Phone !
Contact Person on site' ,1,-1,7 e:ent
f ket, 53(e Vol(
(-RA) Upee
(0( e)d--0(4
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE 10 CITY OFFICIALS
YES
NO [)oes the event involve the sale or use of alcoholic beverages"
YES NO Witt items or services be sold at the event? If yes, please describe` T
YES -1-NO
"--64Z.k t.YK-S J - to os t -re 4-t S
Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES — NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
YES 4. NO Does the event involve the use of tents or canopies? If YES.
Number of tent/canopies Sizes
NOTE. A separate Fire Department perrnit is required for Tents or canopies
YES \Jn 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 wilt be served at the event O ,4S
2oo-t-tkS
If you intend to cook food in the event area please specify the method
GAS -- ELECTRIC CHARCOAL OTHER (Specify).
Portable arid/or Permanent Toilet Facilities
Number of portable toilets: _ (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
Tables and Chairs
Fencing, barriers and/or barricades
Generator locations and/or source of electricity
Canopies or tent locations (include tent/canopy dimensions)
y Booths, exhibits, displays or enclosures
Scaffolding, bleachers, platforms, stages, grandstands or related structures
Vehicles and/or trailers
Other related event components not cover above
Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the tern) of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition )
Nurnber of tra:;h if Tra;,h ':vr;h
Ue scribe yo+n plan lot (.1eao•ut, and removal )nf.1 r:,Irb,irle (luring and ,rttr r lhii e..t•nt
i�R-Pt5 ii' c 141US V e if t)u i f � )
Please describe your plans to notify all residents, businesses and churches impacted by the
event.
WA -ea- cr-o� f/tof5a,n stuctez :s.4-r;c4-
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
'AYES 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.
`IN YES
Number of Stages: 1`50.3G Number of Bands:
Type of Music: VR42400 S
NO Will sound amplification be used? If YES, please indicate.
Start time•S-PAN.rrn;prn Finish Tirne 437 tN, arn!pm
'r..� YES -/-NO Will sound checks be conducted prior to the event? If YES. please indicate
Start time.
am!'pm Finish Time arnipm
Please describe the sound equipment that will be used for your event
YES f.--NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
y- YES - NO Any signs, banners, decorations, special righting? If YES, please describe
_ e*.rZ5Vo" toe__ 4.
Revised 08/10!05
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization C •
Person in Charge of Activity V-J'61 t e -a
Address ka43 C i-'k
Telephone to laiY0 L SILo Date(s) of Use 1 %-1t- Oa
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use perrnit 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 perrnittee or its agents, employees or
contractors.
Signature of Ai
/Vu' 1,1 V(Lwo04 eotee 1 Avid.
Officia f,tle Date
For Office -Use Only
Certificate of Insurance Approved Date
varo
Nod
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
Signature(/ ] Dat
City of National City, California
COUNCIL AGENDA STATEMENT
`,,.dEETING DATE December 2, 2008
AGENDA ITEM NO. 32
6EM TITLE TEMPORARY USE PERMIT — Feria de Salud — Por Tu Familia hosted by the America\
/ Diabetes Association on March 7, 2009 at Kimball Park with no waiver of fees
PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services
EXPLANATION
This is a request from the American Diabetes Association to conduct the Feria de Salud — Por Tu Familia
event at Kimball Park on March 7, 2009. This event will include multiple educational activities, such as a
nutrition workshop, vision exams, and healthy food sampling with the purpose of informing the Latino
Community regarding the seriousness of diabetes and a healthy diet.
The entertainment will be composed of three to four acts including mariachi, hip hop, and ballet folklorico.
A cleanup crew will be in charge of providing proper waste disposal during and after the event.
No street closures are required; however, the park's parking lot needs to be reserved for the event
attendees.
Environmental Review X N/A
Financial Statement
Approved By:
Finance Director
The City has incurred $237.00.00 for processing the
TUP through various City departments, plus $349.00 for the Fire permits and
$1,434.75 for Public Works. Total fees are $2020.75.
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
CITY OF NATIONAL CITY
NEIBORHOOD SERVICES DIVISION
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: American Diabetes Association
EVENT: Feria de Salud — Por Tu Familia
DA"I'E OF EVENT: Match 7 2008
TIME OF EVENT: 10 a.m. — 3 p.m.
APPROVALS:
PLANNING
COMMUNITY SERVICES
RISK MANAGER
ENGINEERING
PUBLIC WORKS
FINANCE
TIRE
COMMUNITY SERVICE
POLICE
NEIGHBORHOOD SERVICES
CITY ATTORNEY
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES I x ] NO [ ]
YES [x] NO [ 1
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [ x l NO [ ]
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE, CONDITIONS
CONDITIONS OF APPROVAL:
FINANCE (619) 336-4330
American Diabetes Association must apply for a business license (the fee is
521.50 w/ proof of non profit status). Since the event is not until March, they
should come in January. if there are any vendors selling anything at the event
they also must have a business license.
CITY ATTORNEY (619) 336-4220
Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City and its officials, employees, agents,
and volunteers as additional insureds, with amounts of coverage to be
determined by the Risk Manager.
ENGINEERING (619) 336-4380
As part of the request is to reserve the parking lot(s) in the park for event
parking use then signage shall be placed starting on March 4, 2009 stating that
the parking lot(s) shall he open for event parking only on March 7, 2009
FIRE (619) 336-4550
Stipulations required by the Fire Department for this event are as follows:
1) Access to Morgan and Kimball Towers to he maintained at all times, to
both entrances and Fire Department connections for fire sprinkler systems,
standpipes, etc.
2) Fire Hydrants shall not be blocked or obstructed.
3) Access to the street to be maintained at all times, to both entrances and
Fire Department connections for fire sprinkler systems, standpipes, etc.
4) Parking lot next to Boys and Girls Club shall maintain fire access. A
minimum of 20 foot road width shall he maintained at all times.
5) Fire Department access into and through the festival areas are to he
maintained at all times. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13 feet 6 inches
6) Participants on foot are to move immediately to the sidewalk upon
approach of emergency vehicle(s).
7) Vehicles in roadway are to move immediately to the right upon approach
of emergency vehicle(s).
8) Provide a 2A: IOBC fire extinguisher at stage. Extinguisher to be mounted
in a visible location between 31/2' to 5' from the floor to the top of the
extinguisher. Maximum travel distance from an extinguisher shall not be
more than 75 feet travel distance. Please see attached example.
9) All cooking booths or areas to have one 2A:1013C fire extinguisher. If
grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will
he required. All fire extinguishers to have a current State Fire
Marshal Tag attached. Please see attached example.
10) If Charcoal is being used, provide metal cans with lids and label "IIOT
COALS ONLY" for used charcoal disposal.
11) If tents or canopies are used, tents having an area in excess of 200 square
feet and or canopies in excess of 400 square feet or multiple tents and or
canopies placed together equaling or greater than the above stated areas,
are to he used, they shall be flame-retardant treated with an approved State
Fire Marshal seal attached. A ten feet separation distance must he
maintained between tents and canopies. A permit from the Fire
Department must be obtained. Cooking shall not he permitted under tents
or canopies unless the tents or canopies meet "State Fire Marshal
approval for cooking. Fees can only be waived by the City Council.
Canopies:
(1--400sf- $0
401 - 500 sf - $250.00
501 - 600 sf - $300.00
601 - 700 sf - $400.00
Tents:
0 -200 sf - $200.00
201 - (+) sf - $400.00
12) Concession stands utilized for cooking shall have a minimum of 10 feet of
clearance on two sides.
13) A fire safety inspection is to be conducted by the Fire Department prior to
operations of the event to include all cooking areas etc.
14) Required inspections taking place, after hours, holidays, and weekends
will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be
paid to the Fire Department Administration offices under separate permit.
Fee is to be paid prior to event.
15) Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as "Temporary Wiring" only.
16) First Aid will be provided by organization.
17) Fees can only be waived by City Council.
PUBLIC WORKS (619) 336-4580
Niro
Public Works Department staff has reviewed the application for subject
Temporary Use Permit (TUP) and recommends approval subject to the
conditions listed below:
Street Division
1. Staff will deliver barricades to street corners or to applicant prior to the
event. The applicant shall install these barricades and remove them to a safe
location at the conclusion of the event. Staff will pick them up on the
following workday.
2. Staff will post "no parking" signs along affected streets before the event.
3. "Dotal cost for street personnel support S _83.,8I
Facilities Division:
1. Facilities will have one electrician available. The electrician will do the
electrical set ups and monitoring
2. Cost of labor (overtime - 9 am to 4 pm) for electrician is as follows:
• 7 hours 7 hrs@i? $33.32/hour $ 233.24
Parks Division:
1. The event organizers shall provide 6 portable toilets.
2. The cost to provide park maintenance personnel for this event is estimated
to be as follows:
• Stage set up 4 hrs min (u) $93.15/hr overtime $ 372.60
• Stage breakdown 4 hrs min (U, $93.15/hr overtime S 372.60
• Staff 4 hr x 2 staff @ $46.58 each OT $ 372.50
• Total $1,1 17.70
Fees:
Unless waived by the City Council, the applicant shall pay $1,434.75 for staff
costs associated with this permit request. This cost was estimated as tollows:
Street Division:
Facilities Division:
Parks Division
$ 83.81 (Acct #001-422-000-102-0000)
$ 233.24 (Acct 11626-422-223-102-0000)
$1,1 17.70 (Acct. # 105-442-000-102-0000)
Total: $1,434.75
Thank you for the opportunity to comment on this TUP. We would appreciate
receiving a copy of your approval / denial report prior to its submission to the
City Council. Please let me know if you need any other information.
RISK MANAGER (619) 336-4370
I've reviewed the application for the proposed use and note that the repeat
event will be held on City property at Kimball Park from 7 am to 5 pm to
accommodate set up and clean up. They anticipate 5000 people in attendance
so this is a larger event. The applicant sponsoring organization, American
Diabetes Association through its Executive Director, has signed the llold
Ilacmless and Indemnification Agreement; however no insurance certificate
has been provided -since the event is so far off. We should add language to the
permit application that if not attached to the application, proof of insurance
must be submitted at least ten (10) days prior to the event, along with all
required endorsements.
For this event, we should require commercial general liability coverage with
minimum limits of one million dollars ($1,000,000) per occurrence and two
million dollars ($2,000,000.) aggregate. Further, the City of National City, its
elected officials, officers, employees and agents must be named as additional
insureds'on the CGI_ policy pursuant to a separate endorsement which needs
to be provided, along with the certificate (acord form) prior to the event.
I have no objections to the proposed use. Let me know if you have any
questions.
••••••••—•...••••••j•—.•••—.• .
I q.1.j...•17. .1. 1 11.(i •••
1 • ' 7,•;* . • /* !:•••••;" .." • C.,1" .; ; • •••• • •
. , •' • • • • • • f•-• .• • .. • ••• 1.• ,••• • .•• • • . • • ...•
•:.• •!,,' •••: • • -•••! ' .1, , • • . . ' •, , • .
: •••••`• • • r•I•• •, • `' 1, • `'• •
Type of Event:
Public Concert
Parade
Motion Picture
Event litre:
Event Location: _
Event Date(s) : From
VFair
Demonstration
Grand Opening
Jai/1(z—
to 3/7 Total Anticipated Attendance
AolotliDayfYear
Festival
_ Circus
Other
•
I Event Hoursrij)prn to
Setup/assembly/construction Date:
tart time:
Community Event
Block Party
Participants)
Spectators)
Pease describe the scope of your setLio;assernbly work (specific (letails). 1---
C..* VirS - '. (fr\ert l'7 (44 (A 111 S'i Ajle/ .
Dismantle Date: 314 Completion Time:
DV
amen
List any street(s) requiring closure as a result of this event. Include street name(s), day and
rri
time of closing and day and ti e of reopening.
N ) $/t,
Daytime Phone 10
Contact Person on site day Of
• Jr '1 . • • • • r e• A r i• • e 4 . • / ; • . . ; 7 • • •
/... ...•. . f, , • A , • w- y • 1 •• • A • -1,••• • • r
.1'1• • — '4. • • '..:•••T. g•—•'•••
. . . .
Sponsoring Organization: V\ DI 01/6 1(4(/
Chief Officer of Organization (Name) CA7Pb11(
Applicant (Name). OA. 1,4 v)kgrie)--
Address j5OfrP4-Atid Pi( _63-)
Evening Phone (ij11)2_1%01'
60viZeff-(1—
For Profit
(NLWrofil
'or() I 5 VP
PagerJ.,ellular bo /))
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
YES NO Does the event involve the sate or use of ;alcoholic beverages?
YES (NO Will iterns or services he sold at the event`? If yes, please describe:
YES
0 Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES NO Does the event involve a fixed venue site? If YES, attach a detailed site rnap
showing all streets impacted by the event.
YES NO Does the event involve the use of tents or canopies? If YES. 1
Number of tent/canopies 9_0--_ Sizes I[} x`9
NOTE: A separate Fire Department permit is required for tents or canopies
YES NO 'Atilt 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 /y
Please describe how food will be served at the event •O`� S�- d'_
If you intend Vcook food in the event area please specify the method• de_
GAS ELECTRIC CHARCOAL _ OTHER (Specify):
PAW) 5ti,-!'i
Portable and/or Permanent f rlet 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
y 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
y Vehicles and/or trailers
Other related event components not covered above
Trash containers and durnpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion r;f the event the area must he returned to a clean
condition )
Number cif trash ;:ants Tr;a,sh contnrners ;with lids. 1
1)c:scribe your plan for clean-up ;and rernu;al r.rf •.tan,te ;and rf;arbaye during aiel»fter the event
Please desert
event
M No&Aiikiik)
)cretiVA 6‘)VA 14 )) ) 170 ti
e your.pians to notify all residents, businesses anct,c:hurches impacted by the
c 0 ,t4aGL
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:
Number of Bands. _ Q-
VI 2' J aufht
YES NO Will sound amplification be used? If YES, please indicate:
1Y E S
Start time Y - L)
a;lprrr Finish Time
VIvvi t,e
/pm
NO Will sound checks be conducted prior to the event? If YES, please indicate•
Start time
pm Finish Time _...
-1),)
_ ar /pm
Please describe the sou d equipment that ill be usec.t_for your event.f•- S\rt14/14
YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
/YES _ NO Any signs. banners, decorations, special lighting? If YES, please describe:
..\Oaranis 04ArtNi6 otfy vi
-
Revised 0811105
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization I'�rt'N"Vito ,./�G�S 1
Person in Charge of Activity
Address 2
Telephone (A 2
0841/(1 ?ate(s) of Use Nb&4h 1j 2i
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.
Signat«�e of Applicant,
Xe6 0-1
Official Title
Ye61. - / I4108'
Date
For Office (t! e-ailly
Certificate of Insurance Approved Date
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.
IN 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.
NNo (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:
1\\ No (P tease sign the form and submit it with the TUP
Application)
Date
.1-yrvomv) Dwotp-p-;__
Por 7-0
(4.(6/k 7120/1
T
0
A
L.
T
1.
L)
Civic
Center
Parking
s
T
R
M.L.K.
Community
Center
Rest
Rooms
Library
Allen
Field
Little Lvtie
Field
1 \
f-
p,,,oxti PARKING
p
i
f
B
GMSMEMED
l `029 0111153a4.1.31 E3.Tir 639ffiEEMEED CSEZIEVIM'z3
Not Drawn I. Cca
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE: December 2, 2008
AGENDA ITEM NO. 33
ITEM TITLE: Authorize the reimbursement of CDC expenditures in the amount of $40,404.68 to the
City of National City for the period of 10/29/08 through 11/04/08
PREPARED BY: Jeanette Ladrid
Finance Directo
EXPLANATION:
/
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 $40,404.68
/
1
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
fTACHMENTS (Listed Below)
Warrants for the period the period of 10/29/08 through 11/04/08
1/1
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #19
11/4/2008
Check
Number
Vendor Name
Fund 301
C.D.B.G.
Fund 502
Section 8
Fund 511 Tax
Increment
Fund 522 Low
Moderate
Housing
j
Total Check i
1
223703
THE WESTIN SAN FRANCISCO
908.00
908.00 j
223798
COMMUNITY BANK
20,591.17
20,591.17 1
223799
CORPORATE EXPRESS
241.41
182.17
423.58 {
244.21
223800
DIXIELINE LUMBER CO.
244.21
223801
GARCIA SALAS, FRANCISCO
250.00
12,748.97
250.00 i
12,748.971
223802
GTC SYSTEMS INC
223803
LOPEZ, TERESA YOLANDA
1-
1,367.76
1,367 76
223804
PRUDENTIAL OVERALL SUPPLY
40.02
40.02]
223805
U S HEALTHWORKS
a
190.00
—
190.001
— —
2,994.73 1
223806
WESTFLEX INDUSTRIAL
2,994 73
223807
XEROX CORPORATION
646.24
646.24
I-
- 1—
TOTALS
t
887.65
26,768.06
12,748.97
40,404.68 1
I:\Common\FINANCE\Accounts Payable\CDC FY08091FY0809 CDC Warrant Registers\CDC 0811 November Reg19
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE: December 2, 2008
NilIlle
34
AGENDA ITEM NO.
ITEM TITLE: Authorize the reimbursement of CDC expenditures in the amount of $111,503.06 to the
City of National City for the period of 11/05/08 through 11/11/08
PREPARED BY: Jeanette Ladrido,
Finance Director
EXPLANATION:
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 $111,503.06
1
J
1
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
s
re
Warrants for the period the period of 11/05/08 through 11/11/08
TACHMENTS (Listed Below)
1/1
INCORPORATED
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #20
11/11/2008
Check
Number
Vendor Name
Fund 301
C.D.B G.
Fund 502
Section 8
Fund 511 Taxi
Increment
{I-
Fund 522 Low
Moderate
Housing_
Total Check
h 223808
223811
SAN DIEGO UNION TRIBUNE
1,292.80
I
607.82
1,292.80
607.82
WELLS FARGO BANK
r 223914
CA DOWNTOWN ASSOCIATION
300.00
16,085.00
300.00
19,447.00
j 223915
DENNISON ASSOCIATES INC
3,362.00
. 223916
ICF JONES & STOKES
i
15,893.94
_—
I
j 223917
KEYSER MARSTON ASSOC.
327.50
— _15,893.94
327.50
223916
LASER SAVER INC
39.04
39.04 ,
223919
MAYER REPROGRAPHICS
534.92
534.92
I 223920
I I-
I 223921YOUNG,
PYATOK ARCHITECTS INC
73,038.80
21.24
73,038.80
COLBY
21.24
TOTALS
4,654.80
39.04
90,724.22
16,085.00
111,503.06
I:\Common\FINANCE\Accounts Payable\CDC FY0809\FY0809 CDC Warrant Registers\CDC 0811 November Reg20
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE December 2, 2008 AGENDA ITEM NO.
35
ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE AMOUNT OF
$7,500 PER MONTH BETWEEN THE CDC AND HUSK PARTNERS, INC. TO PROVIDE GOVERNMENTAL
AFFAIRS, POLITICAL STRATEGIES, ECONOMIC DEVELOPMENT, PUBLIC AND MEDIA RELATIONS, PLANNING
AND MARKETING, AND LEGISLATIVE ADVOCACY CONSULTING SERVICES
PREPARED BY George H. Eiser, III DEPARTMENT City Attorney
(Ext. 4221)
EXPLANATION
Please see attached memorandum.
Environmental Review NI N/A
Financial Statement
Funds are available.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
84411 Memorandum
Agreement
Proposed Resolution
A-200 (9/99)
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Attorney
George H. Eiser, III
TO:
-. CALIFORNIA *-
NATIONAL ei
INCORPORATED
Office of the City Attorney
Mayor and City Council DATE: November 25, 2008
FROM: City Attorney
SUBJECT: Agreement with Husk Partners
Husk Partners, Inc. is in the business of providing consulting services to businesses and
organizations dealing with economic development, governmental relations, public and media
relations, planning and marketing, political strategies, and legislative advocacy.
Since 2006, Husk Partners, and particularly Gary Husk, have provided a superior quality of these
services to the CDC. Accordingly, the City Manager's Office has requested that Husk Partners'
relationship with the CDC be extended for one year.
If approved, the proposed agreement would retain the services of Husk Partners through
December 2, 2009. The agreement could be terminated by either party upon 30 days' written
notice. The Consultant would be compensated for their services at the rate of $7,500 per month.
The Consultant would also be responsible for the Consultant's expenses related to the
performance of their duties, including normal travel, lodging, meals, and mileage. Extraordinary
costs would be paid by the CDC, if pre -approved The proposed agreement contains typical
provisions requiring the Consultant to indemnify the CDC for any loss or liability arising from
their own negligence, and requiring the Consultant to furnish proof of professional liability,
commercial general liability, automobile, and workers' compensation insurance coverage.
GEORGE H. EISER, III
City Attorney
GHE/gmo
RESOLUTION NO. 2008 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY (CDC)
AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT IN THE AMOUNT OF $7,500 PER MONTH
BETWEEN THE CDC AND HUSK PARTNERS, INC. TO PROVIDE
GOVERNMENTAL AFFAIRS, POLITICAL STRATEGIES,
ECONOMIC DEVELOPMENT, PUBLIC AND MEDIA
RELATIONS, PLANNING, MARKETING, AND
LEGISLATIVE ADVOCACY CONSULTING SERVICES
WHEREAS, the Community Development Commission of the City of National
City (CDC) desires to retain a consultant to provide consulting services with respect to
economic development, public and media relations, planning and marketing, political strategies,
and legislative advocacy; and
WHEREAS, Husk Partners, Inc. is well -experienced and skilled in providing the
type of services desired by the CDC, and is willing to enter into an agreement to provide such
services to the CDC in the amount of $7,500 per month.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
agreement in the amount of $7,500 per month with Husk Partners, Inc. to provide consulting
services with respect to economic development, public and media relations, planning and
marketing, political strategies, and legislative advocacy. Said agreement is on file in the office
of the City Clerk.
PASSED and ADOPTED this 2nd day of December, 2008.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Effective Date
Parties:
Purpose:
HUSK PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT
December 3, 2008
HUSK PARTNERS, INC., an Arizona Corporation ("Consultant") and
THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF
THE CITY OF NATIONAL CITY, CALIFORNIA ("Client").
The Consultant is in the business of providing consulting services to
businesses and organizations dealing with economic development,
governmental relations, public and media relations, planning and
marketing, political strategies, and legislative advocacy. The Consultant's
services may include other matters as set forth below. The purpose of this
Agreement, therefore, is to document the terms and conditions of the
professional relationship to be established between the Client and
Consultant.
AGREEMENTS:
1. Engagement of Services. The Client agrees to retain the services of the
Consultant and the Consultant agrees to perform services for the Client upon the terms and
conditions hereinafter set forth.
2. Term of Agreement. This Agreement shall be effective as of the
Effective Date and shall continue until December 2, 2009. The parties agree that this Agreement
may be terminated by either party with a minimum of thirty (30) days written notice by the party
seeking termination. The parties agree that this Agreement may be extended beyond the
foregoing date upon written agreement between Consultant and Client.
3. Nature of Services to be Performed. During the term of this Agreement,
the Consultant will render advisory and consulting services and will give the Client the benefit
of its special knowledge, skill, contacts, business and political experience. Specifically,
Consultant agrees to assist client with its government affairs, public relations, economic
development, general management, media affairs, and the implementation of the Client's
legislative policy.
4. Compensation. The Client shall pay the Consultant a total monthly fee
in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), plus any extraordinary
expenses pre -approved by the Client, from the effective date of this agreement through
December 2, 2009. The Consultant shall submit a monthly invoice to the Client on the first day
of the month and Client shall make payment in full to Consultant no later than ten (10) days after
receipt of said invoice.
5. Expenses. Consultant shall be responsible for the payment of all expenses
incurred relative to the Consultant's duties, including normal travel, lodging, meals and mileage.
The Client will he responsible for payment of any pre -approved extraordinary expenses incurred
as a result of Client's directives. Any such expenses shall be submitted to Client in a manner
consistent with standard policies and procedures.
6. Relationship Between Parties. The Client retains the services of the
Consultant only for the purposes and to the extent set forth in this Agreement, and the
Consultant's relationship to the Client shall, during the term of this Agreement, be that of an
independent contractor. The Consultant shall be free to dispose of its time, energy, and skill as it
deems appropriate, except that the Consultant shall perform all services reasonably requested by
the Client. The Consultant shall not be considered, as a result of this Agreement, as having an
agency or employee status or as being entitled to participate in any plans, arrangements, or
distributions by the Client pertaining to or in connection with any pension, stock, bonus, profit
sharing or similar benefits provided the Client's regular employees. Furthermore, the Consultant
retains the sole and absolute discretion and judgnent in the manner and means of rendering the
consulting services contemplated by this Agreement and the parties agree that the Client shall
have no right or duty to control the manner by which the Consultant renders those contemplated
services, except as noted otherwise in writing.
7. Taxes, Workmen's Compensation, Fringe Benefits. The Consultant agrees
that it will pay all applicable federal and state income taxes and self-employment taxes with
respect to any amounts received under the terms of this Agreement. Unless otherwise required
by applicable law, the Client shall not withhold from the amounts paid to the Consultant any
amounts for federal or state income taxes or social security taxes. The Client shall not provide
any fringe benefits for the Consultant including, but not limited to, vacation or sick pay, life
insurance, health insurance or retirement benefits. The Client will not cover the Consultant
under any state unemployment compensation or workmen's compensation laws.
8. Attorneys' Fees. The prevailing party in any dispute arising out of this
Agreement shall he reimbursed by the other party for all costs and expenses incurred in such
proceeding, including reasonable attorneys' fees.
9. Dispute Resolution. The parties agree that any dispute involving the
terms of this Agreement shall be resolved by the parties selecting a mutually acceptable arbiter
whose decision shall be binding on the parties.
10. Amendments. This Agreement may not be amended or modified except
in writing signed by the parties.
11. Entire Agreement. This Agreement contains the entire understanding of
the parties and supersedes any prior understandings and agreements, written or oral, respecting
the subjects discussed herein.
2008 Agreement
12. Time of the Essence. Time is of the essence of this Agreement.
2
flusk Partners and City of National City
13. Notices. Any and all notices required by this Agreement shall be
personally delivered or sent by certified mail, return receipt requested, addressed to a party at its
address set forth herein, or at such other address as may be designated to the other party in
accordance with this paragraph. A notice shall be deemed effective when received, or delivered,
if personally delivered.
14. Liability. Client acknowledges that it retains final authority to act upon
any recommendations by Consultant and the Consultant does not and shall not guarantee or
warrant the outcome of the issues. The Consultant and its independent contractors shall exercise
the due care and diligence of professional business consultants in performing its services for the
Client, but Consultant shall not be liable for any mistake of judgment, any other action taken in
good faith on behalf of the Client or any loss unless the loss is the result of gross negligence,
dishonesty, fraudulent or criminal acts of the Consultant. Client agrees to indemnify, defend and
hold harmless the Consultant against loss, damages or expense, including court costs and
attorneys fees arising out of claims, demands or lawsuits brought against the Consultant for
actions taken in performance of this Agreement or at the direction of the Client, except for
claims arising out of the gross negligence, dishonesty, fraudulent or criminal acts of the
Consultant. Consultant agrees to indemnify, defend and hold harmless the Client against loss,
damages or expense, including court costs and attorneys fees arising out of claims, demands or
lawsuits brought against the Client for actions taken in performance of this Agreement or at the
direction of the Consultant, except for claims arising out of the gross negligence, dishonesty,
fraudulent or criminal acts of the Client. This section of the Agreement is separate and distinct
from the other provisions of the Agreement and the rights and responsibilities herein shall
survive the termination of the Agreement.
15. Confidential Information. Consultant shall hold in confidence, not use
(except for the benefit of Client or its designee(s)), and not disclose to anyone, without prior
written authorization of Client, any and all information which may be received in the course of
work with Client, its employees, or other firms under contract to Client, or which may be created
or compiled by Consultant in the performance of this Agreement. Consultant shall deliver or
return to Client (or its designee(s)), upon request, all information and work created or compiled
by Consultant in performance of the services for Client which Consultant received in the course
of its work on behalf of Client, its employees, or other firms under contract to Client.
16. Insurance Coverage. Consultant agrees to maintain the following
minimum insurance coverage during the tern of this Agreement: (A) The amount required by
Arizona law for Worker's Compensation, (B) One million dollars general liability insurance, (C)
One million dollars ($1,000,000.00) combined single limit general automobile insurance, and
(D) One million dollars ($1,000,000.00) per claim and in the aggregate of professional liability
insurance. Consultant agrees to produce certificates of insurance upon written request.
17. Conflict of Interest. Consultant agrees not to represent any other
governmental entity in San Diego County, California during the course of this contract unless it
seeks and obtains a written waiver of a conflict of interest from Client.
2008 Agreement
3
Husk Partners and City of National ('ity
IN WITNESS WHEREOF, the parties have executed this Agreement this 3rd day
of December, 2008.
2008 Agreement
CLIENT:
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
By:
RON MORRISON
Chairman
Address for Notice and Billing Purposes:
Community Development Commission
City of National City
1243 National City Boulevard
National City, CA 91950-4301
CONSULTANT:
HUSK PARTNERS, INC., AN ARIZONA
CORPORATION
By:
GARY A. HUSK
President
Address:
1702 East Highland Avenue
Suite 100
Phoenix, Arizona 85016-4695
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Husk Partners and City of National City
ITEM #36
12/2/08
INCIDENT CRITIQUE
Agency/Unit: National City EOC Incident: Golden Guardian 2008 Earthquake Scenario
Date Assigned: 11/13/2008 1000 hours Date Released: 11/13/2008 1300 hours
Objectives:
On Thursday, November 13, 2008, the City of National City activated the Emergency
Operations Center (EOC) to participate in the Statewide Golden Guardian Exercise Series.
Golden Guardian 2008 focused on a simulated catastrophic 7.8 magnitude earthquake on the
southern portion of the San Andreas Fault, ranging from the Salton Sea in Riverside County to
Northern Los Angeles County. Seven southern California counties participated in the event, as
well the State Operations Center in Sacramento. Thousands of participants representing dozens
of local, state and federal agencies including the U.S. Military participated in GG08. The
National City EOC was activated to respond to or mitigate any hazards to our residents, visitors,
and employees. The National City EOC operated in a degraded mode due to the likelihood that
internet, cellular phones, and cable television would be inoperable during a real earthquake.
WebEOC was not used based on the scenario of not having Internet access. The National City
EOC communicated with the County Operational Area EOC using 800 MHz Radios, land line,
and a representative from RACES (Radio Amateur Civil Emergency Service).
1. EOC Staffing:
The EOC was staffed from 1000 to 1300 on 11/13/2008 with seventeen (17) personnel.
Assistant Police Chief Manuel Rodriguez acted as the Director of Emergency
Services/Operations Section Chief. Most of the primary EOC members were not present
this exercise. As a result, second and third alternates were present in the EOC from various
departments. One major absence was a member from the Building Department, who would
be responsible for coordinating safety/damage assessments of City facilities. Below is a list
of participants:
EOC Director/Operations Section Chief - Chief Rodriguez
Advisor — George Eiser
Public Information Officer — Mike Harlan
Law Enforcement Branch — Craig Boegler
Fire Branch — Robert Hernandez
Construction Branch — Joe Smith
Engineering Branch — Barby Tipton
Care and Shelter Branch — Rudy Lopez
Logistics Section — Brenda Hodges & Debra Lunt
Personnel Unit — Virginia Rowe
Finance Section — Jeannette Ladrido
Planning Section — Peggy Chapin
Documentation Unit — Minh Duong
Tech Support Unit — Ron Williams
RACES — Bill Kelly
Recommendation: Continue to provide EOC training to primary and alternate EOC
members. Ensure a Building Department representative is present at all EOC exercises.
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