HomeMy WebLinkAbout2009 01-06 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 — January 6, 2009 — 6:00 P.M.
Open To The Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL
Pledge of Allegiance to the Flag by Mayor Ron Morrison
Public Oral Communications (Three -Minute Time Limit)
NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be
brought back on a subsequent Council or Community Development Commission Agenda unless they are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to
request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable
the City to make reasonable arrangements to ensure accessibility to this meeting.
Spanish audio interpretation is provided during Council and Community Developinent Commission Meetings. Audio
headphones are available in the lobby at the beginning of the meetings.
Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All CeII Phones
And Pagers Be Turned Off During City Council Meetings
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/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1/6/2009 - Page 2
CITY COUNCIL r•r+'
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.
1. Approval of the Minutes of the Regular City Council/Community Development
Commission Meetings of December 2, 2008 and December 16, 2008. (City
Clerk)
2. 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)
3. Resolution of the City Council of the City of National City approving
Amendment No. 3 to the Agreement with Rick Engineering Company in the
amount of $33,675.00 for additional design services in conjunction with Bay
Marina Drive Widening Project, funded by tax increment fund. (Engineering)
4. Resolution of the City Council of the City of National authorizing closing of
appropriations in the amount of $1,032,627.49 from CIP Number 6149
(Paradise Valley Road Improvements) and reallocating the funds to CIP
Number 6569 (Plaza Boulevard Widening Project). (Engineering)
5. Resolution of the City Council of the City of National City authorizing the Mayor
to sign an Agreement for a one year contract with Harris & Associates to
provide "As -Needed" civil engineering/traffic engineering services for capital
improvement projects for a "not -to -exceed" amount of $100,000. (Funding
though various CIP program budgets) (Engineering)
6. Resolution of the City Council of the City of National City ratifying the
acceptance of an augmentation of the California Library Literacy Services grant
in the amount of $16,653, increasing the total amount of the grant from $40,000
to $56,653 for FY2008-2009. (Library)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1/6/2009 - Page 3
CONSENT CALENDAR (Cont.)
7. Resolution of the City Council of the City of National City ratifying a Side Letter
to the Memorandum of Understanding between the City and the National City
Municipal Employees' Association, adjusting the work schedule and breaks for
police dispatchers. (Human Resources)
8. Resolution of the City Council of the City of National City for employer paid
member contributions: modifying the contribution rates to the Public Employees'
Retirement System by decreasing the City's contribution and adding a member
contribution paid by the Mayor, City Council, City Clerk, and City Treasurer, all
of whom are elected officials. (Human Resources)
9. 2008-2009 City of National City's Property Tax Summary. (Finance)
10. WARRANT REGISTER #23
Warrant Register #23 for the period of 11/26/08 through 12/02/08 in the amount
of $2,454,314.61, (Finance)
11. WARRANT REGISTER #24
Warrant Register #24 for the period of 12/03/08 through 12/09/08 in the
amount of $599,310.05. (Finance)
PUBLIC HEARING
12. Public Hearing — Fiscal Year 2009-2010 Funding Cycle for the CDBG and
HOME Programs. The purpose of Public Hearing #1 is to review community
needs, discuss eligible activities for both the Community Development Block
Grant (CDBG) and Home Investment Partnership Act (HOME) Programs, and
solicit public comments and input regarding the use of these funds. (Grants
and Housing Department)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1/6/2009 - Page 4
ORDINANCE FOR INTRODUCTION
13. 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, "Dispensing with
Meetings" by providing greater specificity to the provision that the City Council
does not meet on an election day when a candidate for a National City office or
a National City measure appears on the ballot. (City Attorney)
ORDINANCE FOR ADOPTION
14. An Ordinance establishing the compensation of the Mayor and City Council by
maintaining said compensation at its current level established in 2003, and
approving the payment of two percent of their PERS contribution from their
respective salaries. (City Attorney)
NEW BUSINESS
15. Temporary Use Permit — Westfield Plaza Bonita Carnival sponsored by
Christiansen Amusements from January 23 — February 1, 2009 at the Plaza
Bonita mall with no waiver of fees. (Neighborhood Services)
16. Temporary Use Permit — Circus Vargas sponsored by Tabares Entertainment
from February 12-16, 2009 at the Plaza Bonita Mall with no waiver of fees.
(Neighborhood Services)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
17. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $129,597.30 to the City of National City for the
period of 11/26/08 through 12/02/08. (Finance)
18. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $276,491.75 to the City of National City for the
period of 12/03/08 through 12/09/08. (Finance)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1/6/2009 - Page 5
CONSENT CALENDAR
19. Submission of the annual report of Financial Transactions and Housing and
Community Development Annual Report of housing activity to the State
Controller for the Fiscal Year 2007-2008. (Finance)
20. Annual Financial Reports for the Fiscal Year Ended June 30, 2008. (Finance)
21. Resolution of the Community Development Commission of the City of National
City authorizing the submittal of an application to the California State
Department of Housing and Community Development for funding under the
Building Equity and Growth in Neighborhoods (BEGIN) Program, and the
execution of any related agreements and documents necessary to provide for
homebuyer assistance to low and moderate income households on 49 newly
constructed units located at Fig Court and East Division Street in National City,
California. (Community Development/Housing and Grants Division)
22. Resolution of the Community Development Commission of the City of National
City authorizing the Chairman to execute an Agreement for as -needed legal
services with Christensen & Spath, LLC, for a term of two years in the total not
to exceed amount of $100,000. (City Attorney)
NEW BUSINESS
STAFF REPORTS
MAYOR AND CITY COUNCIL
ADJOURNMENT
Adjourned Regular City Council and Community Development Commission
Meeting (Interviews of possible Council appointees) - Tuesday, January 13, 2009
at 6:00 p.m. — Council Chamber — National City
Next Regular City Council and Community Development Commission Meeting -
Tuesday — January 20, 2009 - 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
1/6/2009
Approval of the Minutes of the Regular City
Council/Community Development Commission
Meetings of December 2, 2008 and December 16, 2008.
(City Clerk)
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 #2
1/6/2009
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
'%IEETING DATE January 6, 2009
AGENDA ITEM NO.
3
ITEM TITLE
Resolution of the City of National City Council approving Amendment No. 3 to the agreement with Rick Engineering
Company in the amount of $33,675.00 for additional design services in conjunction with Bay Marina Drive Widening
Project, funded by tax increment fund.
PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583
EXPLANATION
The City entered into an agreement by Resolution No. 2008-69 on May 9, 2008 with Rick Engineering Company for
design services.
Amendment #1, (August 2008) in the amount of $24,600 to provide geotechnical services and prepare design
development and construction documents to the Historic Train Depot parking lot brought the total contract to
$395,197.00.
Amendment #2, (September 2008) to the agreement was for design and preparation of specifications and plans for the
Marina Way Storm Drain Project (specification 08-12) not to exceed $6,500.00 and brought the total agreement to
$401,697.00.
This Amendment #3 is to prepare redline markups, conduct surveying, prepare application for the Ca. Public Utilities
Commission, modify plans to close driveway, design sewer main, traffic engineering services to modify plans, update
electrical plans and provide design services for miscellaneous modifications to plans and specifications. The amount
of $33,675.00 for this amendment will bring the total of authorized work to $435,372.
Environmental Review X N/A
MIS Approval
Financial Statement Approved By:
finance irec r
Funds are appropriated in account number 511-409-500-598-3842 in the amount of 33 75.00
Account No.
STAFF RECOMMENDATION
Adopt the Resolutio
BOARD / COMMIS ION RECOMMENDATION
N/A
I ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Amendment (2 Original copies)
A-200 (Rev. 7/03)
RESOLUTION NO. 2009 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO
THE AGREEMENT WITH RICK ENGINEERING COMPANY
IN THE AMOUNT OF $33,675 FOR ADDITIONAL
CIVIL ENGINEERING DESIGN SERVICES FOR
THE BAY MARINA DRIVE WIDENING PROJECT
WHEREAS, pursuant to the Disposition and Development Agreement with
Marina Gateway Development company, LLC, and Sycuan Tribal Development Corporation, the
City is required to install a storm drain on Marina Way; and
WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 2008-69,
approving an agreement with Rick Engineering Company in the amount of $370,597 for civil
engineering design services for the Bay Marina Drive Improvement Project; and
WHEREAS, Amendment No. 1 to the Agreement in the amount of $24,600 was
for geotechnical services and the preparation of design development and construction
documents to the Historic Train Depot parking lot; and
WHEREAS, Amendment No. 2 was for civil engineering design and preparation
of specifications and plans for the Marina Way Storm Drain Project in the not -to -exceed amount
of $6,500; and
WHEREAS, Amendment No. 3 in the amount of $33,675 will provide additional
civil engineering design services for the Bay Marina Drive Widening Project, bringing the total
agreement amount to $435,372.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute Amendment No. 3 to Agreement with Rick
Engineering Company in the amount of $33,675 to provide additional civil engineering design
services for the Bay Marina Drive Widening Project. Said Amendment No. 3 to Agreement is on
file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RICK ENGINEERING COMPANY
This Amendment to Agreement is entered into this 6th day of January, 2009, by and
between the City of National City, a municipal corporation ("CITY"), and Rick Engineering
Company (the "CONTRACTOR").
RECITALS
A. The CITY and the CONTRACTOR entered into an agreement on May 6, 2008
("the Agreement"), wherein the CONTRACTOR agreed to provide civil
engineering design services for the Bay Marina Drive Improvement Project.
B. The parties desire to amend the Agreement to provide additional design services
to modify plan and specification changes.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May
6, 2008, through the adoption of National City Council Resolution No. 2008-69, shall be
amended by expanding the Scope of Services as set forth in the attached Exhibit "A",
which is incorporated herein by reference.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated May 6, 2008, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
RICK ENGI
(Corp. ation - sic]
(Party ip - one
(S. e . . y etorshi
'ialt ( D,1)‘1\1,
1
EERING COMPANY
atures of t corpora officers)
gnature)
p one sign ur)
ame)
60daard,
(Print)
.C240..V1+ [141-Vac(As
APPROVED AS TO FORM: (Title)
George H. Eiser, III
City Attorney
(Print)
lk(7. j
(Title)
RICK
ENGINEERING COMPANY
Exhibit "A"
Ms. Maryam Babaki
City of National City
1243 National City Boulevard
National City, California 91950
Contract Addendum
Rick Engineering Company Job No. 12861-N
October 22, 2008
Revised: December 4, 2008
Addendum No. 3
Page 1 of 3
JOB DESCRIPTION: BAY MARINA DRIVE / MARINA GATEWAY STREETSCAPE
By signing below as indicated, Rick Engineering Company is authorized to expend an additional
$33,675.00, bringing the total amount authorized as of this date to $435,372.00, to perform work
in conjunction with our contract dated May 6, 2008.
Additional Scope of Work:
A. Additional Services Already Performed
1. Made revisions to the Coastal Development Permit (CDP) Application and prepared
and updated exhibits for CDC. (Fee: $ 690.00)
2. Based on meeting with City staff on September 18. 2008 and their request, prepared
redline mark-up of two design alternatives for the southerly improvements on Bay
Marina Drive, within the City's right-of-way, taking into consideration the hotel site's
proposed main driveway and improvements and assuming that Caltrans would not do
the widening improvements per the current plans, within their right-of-way. This fee
also included two cost estimates that were performed for the two alternatives. (Fee:
$2,090.00)
3. Prepared revised railroad exhibit to accompany City's letter to M'1'S. (Fee: $345.00)
4. Provided surveying services necessary to field stake the proposed 2-inch water
service, the 1-inch water service, and the new location of the existing fire hydrant on
the north side of Bay Marina Drive for installation by Sweetwater Authority. (Fee:
$750.00)
MG RVM si K Job Files'.I2861\N'•.Addenda`'r\dd :3 (Revised)
Ms. Marvam l3ahaki
October 22, 2008
Revised: December 4, 2008
Page 2 of 2
13. Additional Services
1. Design and modify strectscape construction drawings for the newly proposed 8-inch
water main to serve a new prepared fire hydrant at the southeast corner of I Iarrison
Avenue and 23"d Street, as directed by the National City Fire Department. The Fire
Department is requiring 4,500 gpm lire flow, which is currently not available with
• existing facilities. In order to make the fire flow available, the design of the 8-inch
main will require connecting to the existing 14-inch water main in Cleveland Avenue
extending west on 23r1 Street, between Cleveland Avenue and Harrison Avenue,
extending south on Harrison Avenue, and connecting to the existing 12-inch water
main in Bay Marina Drive. Revisions to the Marina Gateway Streetscape
improvements will include the abandonment of the existing 2-inch water main in 23"d
Street, providing new water laterals to MSI. The revisions will also include water
laterals to serve the parcel between I Iarrison Avenue, Cleveland Avenue, 23"1 Street,
and Bay Marina L)rive, and the parcel east of Cleveland Avenue, between 23" i Street
and I3ay Marina Drive. This fee includes coordination and plan processing through
Sweetwater Authority. (Fee: $5,700.00)
2. Provide engineering services for the preparation of a new General Order No 8813
(GO-88B) Application and the necessary exhibits and maps to accompany the
application per the California Public Utilities Commission (CPUC) criteria and
requirements since the scope and the limits of the proposed railroad improvements
have changed from the original GO-8811 application which was approved by the
CPUC, dated April 2, 2008, File Number: G.08-02-009. This fee includes the
coordination and application processing through MIS, CPUC, and the City of
National City. (Fee: S3,500.00)
3. Update Bay Marina Drive improvement plans due to the elimination of the westerly
hotel driveway and the removal of approximately 185 feet of existing rail within the
rights -of -way of Bay Marina Drive and Cleveland Avenue. Also, due to recent
changes requested by the City of National City, modify Bay Marina Drive plans
eliminating the signal at Bay Marina Drive and Cleveland Avenue, and the proposed
widening improvements within the existing Caltrans right-of-way. (Fee: $3,500.00)
Provide traffic engineering services necessary to make modifications to the signing,
striping and traffic control plans due to the proposed recent changes requested by the
City of National City, which include an all -way stop at Ray Marina Drive and
Cleveland Avenue and eliminating the widening improvements within the existing
Caltrans right-of-way. (Fee: $2,000.00)
5. Update Bay Marina Drive landscape and irrigation plans due to the recent changes
requested by the City of National City, which include dividing the plans into two
phases: 1) Landscape and irrigation improvements west of Cleveland Avenue outside
of the existing Caltrans right-of-way; and 2) Landscape and irrigation improvements
east of Cleveland Avenue within the existing Caltrans right-of-way. The revisions in
Ms. Maryam Babaki
October 22, 2008
Revised: Uecember 4, 2008
Page 3of3
the first phase will consist of updating the plans to reflect additional trees and tree
wells as well as the addition of a street Tight due to the elimination of the westerly
hotel driveway on Bay Marina Drive. The revisions in the second phase will consist
of revising the current plans to reflect minimizing landscaping and irrigation on the
north and south sides of Bay Marina Drive within Caltrans right-of-way to just ground
cover and propose the removal of the existing trees. (Fee: $4,500.00)
6. Update I3ay Marina Drive specifications due to the recent changes requested by the
City of National City to revise the improvements to eliminate widening improvements
within the existing Caltrans right-of-way. (Fee: $1,500.00)
7. Prepare a new Water Pollutant Control Program (WPCP) for submittal to Caltrans
due to the recent changes requested by the City of National City to eliminate widening
improvements and propose minimal landscaping and irrigation within the existing
Caltrans right-of-way. (Fee: $2,200.00).
8. Update electrical layout plans eliminating improvements within the existing Caltrans
right-of-way and revising the electrical layout to include uplighting of the additional
trees and street light; within the City of National City right-of-way due to the
elimination of the westerly hotel driveway on Bay Marina Drive. (Fee: $900.00)
9. Provide consultation services necessary to coordinate the work with the CDC, City,
project consultants, and other agencies. Also included is attendance of meetings with
the team, City, and other agencies after September 26, 2008. This item assumes one
two-hour meeting every week through February 2008 for one person -- totaling 44
hours. (Fee: $6,000.00)
All other provisions of the original contract are to remain unchanged.
Authorized by:
CITY OF NATIONAL, CITY
Signature:
Date: December 4, 2008
Title: Associate Principal
Date:
Title: •mole
City of National City, California
COUNCIL AGENDA STATEMENT
`1w01EETING DATE January 6, 2009
AGENDA ITEM NO.
4
ITEM TITLE Resolution of the City Council of National City authorizing closing of appropriations in the
amount of $1,032,627.49 from CIP Number 6149 (Paradise Valley Road Improvements) and reallocating
the funds to CIP Number 6569 (Plaza Boulevard Widening Project)
PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583
EXPLANATION
The Memorandum of Understanding (MOU) dated March 10, 1987, by and among the Redevelopment
Agency of the City of San Diego and the City of National City provided for improvements for capacity
enhancement/street projects within National City. A balance of $1,032,627.49 (252 Mitigation Funds)
exists with $1,014,945.00 appropriated to Paradise Valley Rd Improvement Project. According to the MOU
these remaining funds can be used for the Plaza Boulevard Widening Improvements Project.
The Finance Department has performed an internal review of the fund balance. Staff requests approval to
close out Capital Improvement Project Number 6149 (Paradise Valley Rd Improvements), and appropriate
the funds and the un-appropriated balance for a total transfer of $1,032,627.49 to Capital Improvement
Project Number 6569 (Plaza Blvd Widening Project).
J
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By: OL
Finance Director
Close out 103-409-500-598-6149 in the amount of $1,014,945.00. Establish dditional appropriations of
$1,032,627.49 (total 252 Mitigation funds available) in 103-409-500-598-6569.
Account No.
STAFF RECOMMENDATI
Appr. e Resolution au r ing he = alio • . f. n of funds.
BOA - • / COMMI 10 R CO MENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Memorandum of Understanding dated March 10, 1987
para
A-200 (Rev. 7/03)
RESOLUTION NO. 2009 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CLOSE-OUT OF CAPITAL
IMPROVEMENT PROJECT NO. 6149 (PARADISE VALLEY ROAD
IMPROVEMENTS) AND UNAPPROPRIATED FUNDS
IN THE TOTAL AMOUNT OF $1,032,627.49, AND
APPROPRIATING THE FUNDS TO CAPITAL IMPROVEMENT
NO. 6569 (PLAZA BOULEVARD WIDENING PROJECT)
WHEREAS, in March 1980, the California Transportation Commission (CTC)
rescinded the State Highway Route 252, a 1.9 mile 6-land freeway connecting Interstate 5 with
Interstate 805; and
WHEREAS, on May 10, 1987, the City and the Redevelopment Agency of the
City of San Diego (the "Agency") entered into a Memorandum of Understanding, wherein the
Agency agreed to pay the City $3.7 Million to provide for a local traffic mitigation program
providing improvements for capacity enhancement/street projects within National City to
compensate the City for the impacts of the rescission of State Highway Route 252; and
WHEREAS, a balance of $1,032,627.49 (252 Mitigation Funds) exists with
$1,014,945 appropriated to Capital Improvement Project No. 6149 (Paradise Valley Road
Improvement Project), which has been completed; and
WHEREAS, the City desires to close-out Capital Improvement No. 6149 and
appropriate the funds and the unappropriated fund balance for a total appropriation of
$1,032,627.49 to Capital Improvement Project No. 6569 (Plaza Boulevard Widening Project),
which is in progress.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the close-out of Capital Improvement Project No. 6149
(Paradise Valley Road Improvement Project) and appropriate the funds and the un-appropriated
fund balance for a total appropriation of $1,032,627.49 to Capital Improvement Project No. 6569
(Plaza Boulevard Widening Project),
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
OLPLIIC1 `f �V�3UfII�Gs1�,
MEMORANDUM OF UNDERSTANDING
4 THIS MEMORANDUM OF UNDERSTANDING, made and entered into on this
/Oday of Akilr , 19 P/,, by and among the Redevelopment Agency of The
City of San Diego (hereinafter referred to as the "Agency") and the City of
National City (hereinafter referred to as "National City").
RECITALS
WHEREAS, the California Department of Transportation (hereinafter
referred to as "CALTRANS") has previously acquired right-of-way for the
State Highway Route 252 corridor for the proposed construction of 1.9 miles
of a new 6-lane freeway connecting Interstate 5 with Interstate 805; and
WHEREAS, in March 1980, the California Transportation Commission
(hereinafter referred to as "CTC") rescinded the State Highway Route 252
route adoption and authorized and directed CALTRANS to dispose of any
previously acquired freeway right-of-way; and
WHEREAS, at their August 28, 1986 meeting, the CTC indicated its
intent to authorize the Director of CALTRANS to execute a Director's deed
in favor of the Agency for the sale of excess land purchased as right--of-
way for State Highway Route 252; and
WHEREAS, CTC indicated that the sale of said excess land would be
contingent on provisions for addressing mitigation of traffic impacts
created by the rescission of State Highway Route 252; and
WHEREAS, the San Diego Association of Governments (hereinafter
referred to as "SANDAG"), has previously issued a report which recommends a
program of capacity enhancement/street improvement projects to mitigate
such impacts, which recommendations have been reviewed by CALTRANS and the
Cities of San Diego and National City, and modifications made thereto; and
WHEREAS, CZC found at its meeting of October 14, 1986, that this
local traffic mitigation program and its funding provisions is responsive
to CZC's concerns regarding mitigation of the impacts of the rescission of
State Highway Route 252; and
WHEREAS, CIC further resolved at its meeting of October 14, 1986,
that upon execution of a Memorandum of Understanding covering the terms and
conditions of funding the capacity enhancement/street improvement projects,
the terms and conditions of which shall be satisfactory to the Director of
CALTRANS and which may be nrx]ified from time to time by mutual consent of
the parties thereto, the Director of CALTRANS is authorized to execute and
deliver the Director's deed identified as 1086 Series, Item 27, at its
October 1986 meeting in favor of the Agency conveying the right-of-way for
State Highway Route 252; and
WHEREAS, Agency has executed or intends to execute an option
agreement containing terms and conditions specific to the purchase by
Agency of the excess land originally purchased by the State as right-of-way
for State Highway Route 252; and
WHEREAS, it is understood that this agreement is the compromise of
a dispute between the parties, and is not to be construed as an admission
by the City of National City that the mitigation measures included herein
are an adequate substitute for Route 252.
NOW, THEREFORE, in consideration of the recitals as herein
expressed and as terms and conditions for funding the capacity
enhancement/street improvement projects which constitute local traffic
mitigation program related to the Agency's purchase of said right-of-way,
the following understandings have been identified and are accepted by the
parties hereto:
t •.
1. Agency will include in its Capital Street Improvement Program,
a $6.3 million contribution for capacity enhancement/street improvement
projects within the City of San Diego, as follows:
a. Division Street, Interstate 5 to
43rd Street
b. National Avenue, State Route 15 to
43rd Street
Zbtal $6.3 million
2. Agency will provide a $3.7 million contribution phased over 15
years for partial funding of the total $4.7 million cost of capacity
enhancement/street projects within National City which may include the
following projects:
a. 8th Street
b. National City Boulevard
c. Division Street
d. Plaza Boulevard
Zbtal $4.7 million
follows:
Payment of the $3.7 million Agency contribution to occur as
a. $2,500,000.00 to be provided in the first
ten years after execution of the Director's
deed, due upon demand but in no total amount
greater at any date than an amount equal to
$250,000.00 times the number of whole years
from date of execution;
b. $1,200,000.00 to be provided in the eleventh
through fifteenth years after execution of
the Director's deed, due upon demand but in
no totalamount greater at any date than an
amount equal to $240,000.00 times the number
of whole years from the beginning of the
eleventh year.
3. National City will fund the remaining $1.0 million in costs
associated with the capacity enhancement/street improvement projects
described in Item 2. above.
4. The terms and conditions of this Memorandum of Understanding
may be modified from time to time by the mutual written consent of the
parties as signatories thereto.
5. CALTRANS may enter into Memorandum of Understanding or other
agreements with National City relative to the provision of funds for said
projects in National City by Agency.
6. National City hereby releases and forever discharges the City
of San Diego, the Agency, Southeast Economic Development Corporation, Inc.,
CALTRANS and all their elected and administrative officers and employees
of, from all claims and demands, rights and causes of action of any kind
the undersigned now has or hereafter may have on account of or in any way
growing out of the rescission of the State Highway Route 252 right-of-way.
This release expresses a full and complete settlement of a liability
claimed and denied, regardless of adequacy of the above consideration and
the acceptance of this release shall not operate as an admission of
liability on the part of anyone nor as an estoppel, waiver, or bar with
respect to any claim the party or parties released may have against the
undersigned. All rights given by Section 1542 of the Civil Code of
California, which is quoted below, are waived by National City. Civil Code
Section 1542: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
execution of the release, which if known by him must have materially
affected his settlement with the debtor."
7. Upon the execution of this Memorandum of Understanding and
compliance with any appropriate requirement of the option agreement
referred to hereinabove, the Director of CALTRANS will deliver in a timely
manner his Director's deed in favor of the Agency conveying said excess
land.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding of the !L, day of /�/, 19
Dated this 0 day of %//2I , 19 Y7.
THE
PMENT AGENCY OF 741E CITY OF SAN DIEGO
cutive Director
THE CITY OF NATIONAL CITY
By
Georg el H. Waters, Mayor
I HEREBY APPROVE the form and legality of the foregoing Memorandum of
/�0
Understanding this / day of
19 (I)
JOHN W. WITT, General Counsel
By
anis . .rtino Gardner, Deputy Counsel
PROVED AS TO FORM:
George H. Eiser, III, City Attorney
City of National City
City of National City, California
COUNCIL AGENDA STATEMENT
4fti9IEETING DATE January 6, 2009
AGENDA ITEM NO.
5
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the Mayor to sign an agreement for a
one year contract with Harris & Associates to provide "As -Needed" Civil Engineering/Traffic Engineering
Services for Capital Improvement Projects for a "not -to -exceed" amount of $100,000 (funding through
various CIP program budgets)
PREPARED BY Kenneth Fernandez / DEPARTMENT Engineering EXT. 4388
Stephen Manganiello
EXPLANATION
Please see attached.
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By:
Funding will be provided through various CIP program budgets.
Finance Director
Account No.
STAFF RECOMME • DATION
Adopt the Resolu
BOARD / COMMISSION RECOMMED'ION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Contract Agreement
A-200 (Rev. 7/03)
Explanation
On April 5, 2005 the City Council issued Resolution No. 2005-62 authorizing the Mayor to
execute a three-year contract with Harris & Associates to provide the City with "As -Needed"
Civil Engineering Services for Capital Improvement Projects. On April 4, 2008 their contract
expired. The purpose of this City Council agenda item is to execute a new contract with the
firm for a period of 1 year from January 6, 2009 to January 5, 2010. The primary focus of
Harris & Associates' services will be assisting staff with preparation of civil engineering / traffic
engineering exhibits, cost estimates, and site evaluations for capital improvement projects,
studies and grant proposals, particularly in regards to traffic safety and operations.
Currently, the Engineering Department does not have a Civil Engineering firm with "in-house"
traffic engineering capabilities under contract to support staff with several on -going projects,
studies and upcoming grant proposals. Under their original "As -Needed" contract, Harris &
Associates provided staff design services for several state and federal grant applications,
including a $1.13 million Highway Safety Improvement Program (HSIP) Grant and an
$830,000 Federal Safe Routes to School grant, both of which were awarded this year. New
calls for HSIP and State Safe Routes to School projects are anticipated within the next several
months. Harris & Associates also provided engineering support, design services, and site
evaluations for many on -going traffic safety and operations studies, including a Citywide
Speed Survey of 72 roadway segments.
Harris & Associates is familiar with the City of National City's rules and regulations. This firm
provided high quality services under its previous contract with the City and does not require
training on the City's CIP processes. The City has been satisfied with this firm's performance
and their quality of work. It is therefore recommended that this new contract be approved
between the City and Harris & Associates to provide "As -Needed" Civil Engineering/Traffic
Engineering Services for Capital Improvement Projects.
RESOLUTION NO. 2009 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH
HARRIS & ASSOCIATES IN THE NOT TO EXCEED
AMOUNT OF $100,000 TO PROVIDE "AS NEEDED"
CIVIL ENGINEERING/TRAFFIC ENGINEERING SERVICES
FOR CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City desires to employ a contactor to provide "as needed" civil
engineering/traffic engineering services for capital improvement projects; and
WHEREAS, the City has determined that Harris & Associates is qualified by
experience and ability to perform the services desired by the City, and Harris & Associates is
willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Harris & Associates in
the not to exceed amount of $100,000 to provide as needed" civil engineering/traffic
engineering services for capital improvement projects. Said Agreement in on file in the office of
the City Clerk.
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HARRIS & ASSOCIATES
THIS AGREEMENT is entered into this 6`h day of January, 2009 by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and HARRIS &
ASSOCIATES, a Corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Civil
Engineering/Traffic Engineering Services for the City's Capital Improvement Projects.
WHEREAS, the CITY has determined that the CONSULTANT is a Professional
Civil Engineering/Traffic Engineering firm and is qualified by experience and ability to perform
the services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for aII research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to
time reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar, P.E.
hereby is designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONSULTANT shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONSULTANT. Ehab Gerges, P.E. thereby is designated as the Project
Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the Project Manager. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the
CITY. Total compensation shall not exceed $100,000.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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City's Standard Agreement - June 2008 revision
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Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the
CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a
substantial inducement to the CITY for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees. Neither this
Agreement nor any interest herein may be assigned by the CONSULTANT without the prior
written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT
from employing or hiring as many employees, or subCONSULTANTs, as the
CONSULTANT may deem necessary for the proper and efficient performance of this
Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the
subCONSULTANT to adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
r.► employees except as herein set forth, and the CONSULTANT expressly agrees not to represent
that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subCONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT's trade or profession currently practicing under
3
City's Standard Agreement - June 200II revision
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding,
been debarred by a governmental agency or involved in debarment, arbitration or litigation
proceedings concerning the CONSULTANT's professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
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City's Standard Agreement - June 2008 revision
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The CONSULTANT shall be liable to the CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, Toss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's
negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase
and maintain throughout the term of this agreement, the following insurance policies:
`�►� ® A. if checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -
owned, and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
`., must be on or before the date of this Agreement.
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City's Standard Agreement - June 2008 revision
H. Any aggregate insurance limits must apply solely to this Agreement.
Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
6
City's Standard Agreement - June 2008 revision
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of and be
delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and other materials up
to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter,
ownership of said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To the CITY:
To the CONSULTANT:
Maryam Babaki, P.E.
City Engineer
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Javier Saunders, P.E.
Regional Manager — San Diego
Harris & Associates
750 B Street, Suite 1800
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
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City's Standard Agreement June 2008 revision
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically; the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then
such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is
not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are not a
part of this Agreement, and shall not be used for the interpretation or determination of the
validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Company Biography
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the parties
hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any other
provision hereof.
8
City's Standard Agreement June 2008 revision
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire agreement
between the parties as to the subject matter hereof. No subsequent agreement, representation,
or promise made by either party hereto, or by or to an employee, officer, agent or
representative of any party hereto shall be of any effect unless it is in writing and executed by
the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY HARRIS & A •CIATES
By: By:
Ron Morrison .t:'Gerges, P.E.
Mayor Design Services Manager
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
9
er aunders, P.E.
Tonal Manager — San Diego
Citys Standard Agreement — June 2008 revision
EXI III31T "A"
SCOPE OF SERVICES
Harris & Associates will provide Civil Engineering/Traffic Engineering Services for the
City's various Capital Improvement Projects for a period of 1 year, upon execution of
this agreement. The total cost of all work completed shall not exceed S 100,000.00.
Services shall include:
1. Civil Engineering Services during the design and construction phases of the
City's Capital Improvement Projects may include, but are not limited to, the
following:
• Records of Survey
• Topographic Survey
• Monument Replacement
• Legal Descriptions
• Corner Records
• Map Checking
• Court Exhibit Survey
• Street improvement Design
• Sewer and Storm Drain Improvements
• Hydrology and Hydraulics Studies
• Pavement Resurfacing Design
• Roadway Replacement/Repair
• Construction Support and Inspection
• Traffic Signal Design
• Minor Municipal Structural Design
2. Each project may vary in scope and magnitude. The City is not obligated to
contract all civil engineering services with the Consultant.
3. Request for service will he made on a project-hy-project basis. The Consultant
will he capable of providing a proposed fee and schedule within seventy-two (72)
hours alter receipt of the City's request for services. The proposal will be
prepared on the basis of the standard schedule of lees in this agreement.
4. All services provided will he accomplished according to the Project Drawings and
Specifications, which may include San Diego Area Regional Standard Drawings,
Standard Specifications for Public Works Construction, and Caltrans Standard
Plans and Specifications, etc., governing a particular project, and in accordance
with the Subdivision Map Act, Land Surveyors Act, and all other codes and
practices applicable to the profession of surveying.
5. All reports and pertinent data obtained under the agreement between the City and
the Consultant will be the property of the City and may not be used or reproduced
in any from without the explicit written permission of the City Survey cut sheets,
which will be available in the field at the time of service. in any case, survey cut
sheets will be available no later than the next working day.
6. The Consultant will certify a properly executed affidavit that we will not perform
any work for the City that leads to a conflict of interest. The Consultant will
notify the City of any possible conflict of interest prior to performing any work
requested by the City. A conflict of interest may include, but not be limited to,
having financial interest in any projects where services are requested, or
consulting or performing work for the developers, investors, engineers,
contractors, or material suppliers of projects where services are requested. The
City has the option to rescind and void the contract in the event that the
Consultant tails to properly notify. the City of a possible conflict of interest.
7. The engineering services will be provided efficiently and in timely fashion. All
engineering services will he performed on the basis of a standard schedule of fees.
K. Payment will be made based upon itemized billing submitted in accordance with
this agreement and after submittal of acceptable formal reports, designs, studies,
or cut sheets. Billing will be submitted with, and make reference to, each
individual project, itemized as to unit cost and total billed. Project name,
specification number, start date, and the name of the person that requested the
service will be identified on each hill. Bills that are not complete as required by
this section will be returned unpaid.
9. Should either party fail to uphold the contract in any part and the situation not he
resolved by negotiation, the contract may he voided by written action of either
party.
�I
Exhibit B- Harris & Associates Schedule of Fees
Harris & Associates.
Construction /Program Management
Project Director $200-250
Project Managers $150- 1 95
Construction Managers $130-185
Resident Engineers $125- 180
Constriction Engineers $100-155
Scheduling Engineers $1 10-160
Cost Engineers $110-155
Inspectors $1 10-130
Technicians $80-100
Administration $65-90
Engineering Design and Public Works Services
Project Directors $200-250
Project Managers $150-200
Project Engineers $125-150
Design 1?ngincers $85- 1 20
Technical Support $60-95
Administration $60-85
Notes:
1. These individuals include professionals and support personnel who might work on
Harris projects. Support personnel include technicians and administrative staff.
2. Rates are subject to adjustment due to promotions during the effective period of
this schedule. A new rate schedule xvil1 become effective January 1, 2009 and
every subsequent year thereafter, and all rates will be increased 5% annually.
3. t lnless otherwise indicated in the agreement, hourly rates include most direct
costs such as vehicle usage and mileage, equipment usage (including computer
and telephone), and printing and copying (except large quantities such as
construction documents of bidding purposes).
4. Billing rates for independent contractors and hourly employees are determined on
a case -by -case basis.
5. All sub consultant services are subject to a 10%, markup.
6. Prevailing wages- wages for inspection subject to California Labor Code Section
1772. Overtime charged for time over eight (8) hours in a 24-hour period subject
to prevailing wage requirements and will be charged 1.5 times the hourly rate.
Harris & Associates
I:XI1113i l' (.' (.'UMPANY BIOGRAPHY
Harris & Associates, founded in 1974, specializes in serving the professional service needs of public agencies
and institutions in the Western states We provide expertise from project conception through occupancy, in the
awing five service areas
• Civil design
• Project and construction management
• Program management
• Municipal services
- Architecture
Established as a California corporation in 1917, our staff of 450 employee -owners includes licensed engineers
and architects, certified construction managers and inspectors, and experienced public works professionals
We understand that successful project delivery means more than being on time and under budget. Successful
projects have to address the concerns of neighbors and users, be sensitive to the environment, and conform to
local political realities By focusing on our clients' needs as our top priority, we have earned an excellent
reputation within the industry. Our depth and breadth of skills will assist you in charting the course of your
projects.
Civil Design
Harris' civil engineers specialize in public infrastructure VVe are a leader in the use of innovative design
technologies including no dig pipeline rehabilitation, storm water quality solutions, and new pavement
technologies. VVe are ranked 17th in Trenchless 1 echnotogy rnagazine's Fop 50 Design firms for 2007. Our
design services include:
▪ Traffic signals and lighting
.,•. • Streets and highways
▪ Water, sewer, and storm system master planning
▪ Water distribution, sanitary sewer, and storm facilities
• .Joint trench design
▪ Trenchless technology solutions
Building site and park infrastructure
- Storm water management plans, programs, and practices
Harris & Associates
ACORD, CERTIFICATE OF LIABILITY INSURANCE
PRODUCER 0757776
1-800-871-4560
Hub International of California Insurance Servicea
400 Taylor Blvd. N100
Pleasant Hill, CA 94521
IN5Uftf1
Harris & ASSOC iatea Inc.
Attn: Susan Mandilay
120 t4a::on Circle
Concord, CA 94520
COVERAGES
DATE (MM(Dfl/YY)
10/22/08
rTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
It Ji,UIt1:I7 A ON°Beacon Amer ica insurance ('o.
I/TAME/Ili liar t ford Fire Insurance Company
INSUIttat C. Amer ic.an Guarantee & I.i ab i 1 i ty
WSurtr R U. Alaska National Insurance Company
INSURRE0 f' Co1r<lly Nat. i on al 103111,1n0e Coinvpatly
llif• POLICIES OF INSURANCE. I I STED f3f_LOWHAVE BEEN ISSIJLD 10 DIE INSURED NAMED ABOVE- f OR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT IFRM OR CONDITION Of. ANY CONTRACT OR OIIILI2 DOCUMI NE WI (II RI.SPLCF 10 WIIICII IIIIS GE R11FICATE MAY BE ISSUF.D OR
MAY PERTAIN. 111E INSURANCE AFFORDED BY flif POI ICIES DE: SCRIBE D HEREIN IS SUBJECT TO Al I IBC TERMS. EXCI IJSIONS AND CONDITIONS OF SUCH
POI ICIES AGGREGATE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl AIMS
INSIt I POI.4CY EFFECTIVE POI ICY EXPIRATION
_LTR I _ _ TYPE OF INSURANCE POLICY NUMBER LIMITS
....--- DAIL (Mid/RQLYYL__-UAILLIAlil1DDIYYI_.. _. ------.._.. .._._ ..
A GENERAL IIABIIJTY �718009690-0002 08/01/08 ' 08/01/09 FACIA OCCURRENCE 51,000,000
X COMMERCIAL. G::NERAI. IIABILI Ty FIRE_ UAMA .F (Any one la(t)._. -$ 1,000,000
1 1 CLAIMS MADE X i OCCUR MEDI f XP (Any one person) $ 10,000
X ("X" "C" "U" 1 PERSONAI 4AOVINJURY $ 1,000,000
X ,Sev. of Interest GI:3JI CAI. AGORI. GATE $2,000,000
(5 31 AGGItL4ATF 1Ib11T AI'PIII S PLR P120O11Ci', I:OMPr01' AGG $ 2, 000, 000
pr)1_ItY 1 X 1 .P fa i I l oc. .
B Ail TOMOIIILF. LIABILITY 15711EN171,6878 08/01/08 I 08/01/09 IOMOINEUSING! F (IMIl
X :.NY AlJIO IFA auirlenll
I Al ()WN, I) AIJIO,
S(;11LD111 l_I) A(11').;
X i HIRLU AUTOS
X I NON (ONE() AUTOS
GARAGE t IADIUT Y
ANY ,U11 0
C 1 EXCESS LIABILITY
X 1 OCI:Int
Tl
' DI DUC TIHI F
1
REIFNTION
e.l MAIM
WORKERS COMPENSATION AND
I.MPI DYERS' LIABILITY
O aft:R
E lExcesS Liability
AUC9305561-06
0811WD40007
AR6460401
UOD11.Y IN.1011'
(Per per•.on)
BC/I./ILY IIJJ11Jty
(Per ar.r:IAent)
51,000,000
PROPERTY DAMAOU
(Per a(.,."Lrnl)
AUTO ONl Y • IA ACCIDENT $
OTHER THAN EA
AUTO ONLY AGO S
08/01/08 08/01/09 FALBOCCURR(Ncl: ..LS 1,000,000
AGGREGn1F $ 1,000,000
08/01/08
08/01/08
DESCRIPTION OF OPERATIONS/LOCATIONSNEIIICI ES/EXCLUSIONS ADDED BY ENOONSEMENTISPI CIAI. PROVISIONS
l:v i denre of PROFESSIONAL LIAR on fol. l owi ng Supplement. page..
General & Auto Lrabi 1 i ty Addit. Tonal I11311C ed status granted, if required by written contract/agreement, per at_ta,!bed
Onr:Fieacon America Additional Insured eudorsetnent and CA2048 0299.
08/01/09 T.
I WCSIAM I 10IH•
_.1IORYEW115l Lin_
E L EACII ACCIDENT
F. l DISCA0.: • LA E.MPI OYFE
E L DISEASE. POT ICY I (MIT
08/01/09 :$10,000,000 excess
S
51,000,000
$1,000,000
51,000,000
t 1,000,000
RE: As -Needed Engineering Services (HA 808202701
CERTIFICATE HOLDER 1 ADDITIONAL. INSURED, INSURER LETTER
0820270
City of National City
Gi utl< OrcuL1
c/o City Attorney's Office
1243 National City Blvd.
National City, CA 91950-4)01
USA
CANCELLATION Ten Day Not ice for Non -Payment of Premium
541161LD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCEL( ED BEFORE THE EXPIRATION
DATE IHEREOF, THE ISSUING INSURER WILL EX KX`XXIXYFX MAIL J0 DAYS WRIT TEN
NOTICE 10 THE CERTIFICATE HOLDER NAMED 10 THE I.EE1, LtEPTX1000KEXISLT0italfX
X1xf98i(iX XLEIX.X30014XXXIXIXIXxU1HK}7 OCKA1X,XIXIN8 XAPD711114XXH4C1lLERXIX E 76)aK?2 (.61(X
xgauggoremirigg.xxxxxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
AUTHORIZED REPRESENTATIVE.
ACORD 25-S (7197) amarrdilag
10134848
Cenrt)cale Delrvely by CerbticalesNow - a' CcnlrmNel Corn - 811 FtiO 8600
19
(2 ACORD CORPORATION 1988
Alaska National
INSURANCE COMPANY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA
We have the right to recover our payments from
anyone liable for an injury covered by this policy. We
will not enforce our right against the person or
organisation nam
ed in the Schedule. (This agreement
applies only to the extent that you perform work under
a written contract that requires you to obtain this
agreement from us )
Person or Organization
ALL PERSONS OR ORGANIZA TIONS 1 E IAT ARE:
PARTIES TO A CON1RACE 1HAT REQUIRES YOU
TO OBTAIN THIS AGRFEMEN1, PROVIDED YOU
EXECUTED THE CONTRACT BEFORE it IF LOSS.
You must maintain payroll records accurately segregating
the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 2 of
the California workers' compensation premium otherwise
due on such remuneration.
Schedule
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated. The information below is required only when this endorsement is issued subsequent to preparation of
the policy.
Endorsement Effective 8/1/2008
Insured Harris & Associates, Inc.
' ' WC 04 03 06 04 84
Policy No. 08HWD40007
Endorsement No.
POLICY II: 718009690-0002
INSURED: Harris & Associates Inc.
'1'IIIS ENDORSEMENT iI NT CHANGES THE POLICY. PLEASE IZFAI) IT CAREFULLY
AI)UITIONA1., INSURED
This endorsement modifies insurance provided under the following:
OiAI IFRCIAL (iENERAI.. LIABILITY COVERAGE PART aril G1. CONTRACTORS
EXTENDER FORM VC(i 20602 05
a.
CONTRA(; FORS EXTENDER paragraph 1. ADDITIONAL. INSURED - REQI[IRED IN CONTRA(.'T,
AGREE;ME:N.f OR I I:Rh11"I' is deleted and replaced by the following )cording;.
COAIPII.R. IAL. GENERAI, I.IABIL.It V COVERAGE. FROM CG 00 01 12 04 is amended by Ole following wording.
WHO IS AN INSURED (Section 11) is
amended to Include as an additional insured
any person or organization you are required to
add as an additional insured under this policy
in a .written contract or )enter agreement in
effect durum' this police period and signed and
executed by you prior Io the loss for which
coverage Is sought. The person of
organization does not qualify as an additional
insured Edith respect to the independent acts or
omissions of such person or organization. The
person or organization is only an additional
insured with respect to liability for "bodily
injury", .'property damage" or "personal and
advertising injury" causer) by "your work"
perforated under the written contract or written
agreement
The insurance provided to the additional
insured is limited as follows:
a) This endorsement shall not increase
the limits stated in Section III
LIMITS OF INSURANCE.
b) The insurance provided to the
additional insured does not apply to
"bodily injury", "property damage".
or 'personal and advertising injury"
arising out of an architect's,
engineer's or surveyor's rendering of
or failure to render any professional
servicesincluding.
I. The preparing, approving or
failing to prepare or approve
claps, shop drawings,
opinions. reports, surveys,
field orders, change orders,
or drawings and
specifications: and
11. Supervisory or inspection
acid itie5 performed as part
of any related architectural
or engineering activities
r) Fins insurance does not apply to
..bodily injury: or "property damage"
caused by "your work" included in
the ''products -completed operations
hazard" unless you are required to
provide such coverage for the
additional insured by a lyritten
contract or written agreement in effect
during this policy period and signed
and executed by you prior to the Toss
fix which coverage is sought.
Subpart (I)(a) of the Pollution exclusion
(Section 1 - Coverages, part 2. f. of the
(:ornntercial General Liability Coverage form)
does not apply to you if the "bodily injury" or
":property damage" arises out of "your work"
performed on premises which are owned or
rented by the additional insured at the time
'.your wotl:" is performed.
d. Any coverage provided by this endorsement to
an additional insured shall he excess over any
other valid and collectible insurance available
in the additional insured dvhether primary,
excess, contingent or on any other basis unless
a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to Mc loss for which
coverage is sought specifically requires that
this insurance apply on a primary or non
contributory basis
). As a condition of coverage, each additional
insured must -
a) Give us prompt written notice of any
"occurrence" or offense which may
result in a claim and prompt written
notice of "suit".
b) Immediately forward all legal papers
to us, cooperate in the defense of any
actions, and otherwise comply with
policy conditions
Onellcacon America Page 1 of 1
6
Excerpts from: OneBeacon Form VCG 206 02 05
@VANTAGE FOR GENERAL LIABILITY - CONTRACTORS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy Number:
Insurer:
Policy Period:
Named Insured:
718009690-0002
OneBeacon America Insurance Co.
August 1, 2008 to August 1, 2009
Harris & Associates Inc.
5. BLANKET WAIVER OF SUBROGATION
Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following:
We will waive any right of recovery we may have against any person or organization because of payments
we make for injury or damage arising out of your ongoing operations done under a written contract or
agreement with that person or organization and included in "your work" or the "products -completed
operations hazard". This waiver applies only to persons or organizations with whom you have a written
contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of
recovery.
Page a of 1
/7
POLICY it:
57UENt1L68/8 COMMFRCIAI AUTO
CA20480299
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE I-ORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Forrn apply unless modi-
fied by this endorsement
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement F-ffective: 8/1/2008
Named Insured:
Harris & Associates Inc.
SCHEDULE
Name of Person(s) or Organization(s):
Any person or organization with whom you agreed, pursuant to a written contract or written agreement
to provide insurance such as is afforded tinder this policy.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II
of the Coverage Form
Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be
deemed primary, but only with respect to work performed by or for the named insured in connection with the above
described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non-
contributory.
CA20480299
Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
Excerpts from: Hartford form HA 99 16 03 02
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
BUSINESS AUTO COVERAGE FORM
Policy Number: 57UENUL6878
Insurer: Hartford Fire Insurance Co.
Policy Period: August 1, 2008 to August 1, 2009
Named Insured: Harris & Associates Inc.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS
AUTO CONDITIONS is emended by adding the following:
We waive any right of recovery we may have against any person or organization with whom you have
a written contract that requires such waiver bec 3use of payments we make for damages under this
Coverage Form.
Page 1 of 1
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE
10/22/08
NAME OFINSURED: Harris t. Associates Inc.
Attn: Susan Mandilag
PROFESSIONAL, LIABILITY
Insurer: Continental Casualty Company
Policy IAEA113822501
Eft ective 8/1/2008 - 8/1/2009
Limits: $5,000,000 p•r claim; $10,000,000 Aggregate•
For Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims
reported within the policy period. A $150,000 deductible applies to each and every claim submitted under the
policy.
SUPP (10100)
City of National City, California
COUNCIL AGENDA STATEMENT
`+CETING DATE: January 6, 2009 AGENDA ITEM NO.
6
ITEM TITLE
Resolution of the City Council of the City of National City ratifying the acceptance of
an augmentation to the California Library Literacy Services grant in the amount of
$16,653, increasing the total amount of the grant from $40,000 to $56,653 for FY2008-09.
Minh Duon
PREPARED BY
EXPLANATION
DEPARTMENT
Library
On December 16, 2008, the City Council ratified the acceptance of a $40,000 baseline grant from the
California Library Literacy Services (the "CLLS (;rant") to fund the National City Public Library's
literacy programs for FY2008-09.
On December 2, 2008, the Library was notified that the CLLS Grant was augmented by an amount
$16,653, which derives from a State Library's formula taking into account the local match - provided by
Community Development Block Grant funding in the amount of $47,250 - and the per capita amount per
adult learner served by the Library in the previous year. With this augmentation, the total grant amount
awarded to the National City Public Library is $56,653 for FY2008-09.
Environmental Review ✓ N/A
Financial Statement
Account No. 320 - 431 - 331
STAFF RECOMMENDATION
Approval recommended.
BOARD / COMMISSION RECOMMENDATION
Approved December 10, 2008 by the Library Board of 'Frustees.
ATTACHMENTS ( Listed Below) Resolution No.
Award augmentation letter.
RESOLUTION NO. 2009 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY RATIFYING
THE ACCEPTANCE OF AN AUGMENTATION
TO THE LIBRARY LITERACY SERVICES GRANT
IN THE AMOUNT OF $16,653, INCREASING
THE TOTAL AMOUNT OF THE GRANT
FROM $40,000 TO $56,653
WHEREAS, on December 16, 2008, the City Council ratified the acceptance of a
$40,000 base line grant from the California Library Literacy Services (the "CLLS Grant") to fund
the National City Public Library's literacy programs for FY 2008/09.
WHEREAS, December 2, 2008, the City was notified that the CLLS Grant was
augmented by $16,653, which derives from a formula taking into account the local match
provided by Community Development Block Grant funding in the amount of $47,250, and the
per capita amount per adult learner served by the Library in the previous year. With this
augmentation, the total grant amount awarded to the National City Public Library is $56,653.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby ratifies the acceptance of an augmentation to the California Library Literacy
Services Grant in the amount of $16,653, increasing the total amount of the Grant from $40,000
to $56,653.
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CAI.I FORN IA
STATE LIBRARY
f V 0,01 r, 11,0
December 2, 2008
Minh Duong, City Librarian
National City Public Library
1401 National City Boulevard
National City, CA 91950-4401
Dear Ms. Duong:
I am pleased to enclose a claim form for the remainder of your library's 2008/2009 California Library
Literacy Services funding as determined by the California Library Literacy Services (CLLS) funding
formula.
This final payment of your total allocation for the 2008/09 fiscal year is $16,653 and is based on:
• A per capita amount per adult learner served at your library in 2007/08 that reflects the fact that
Adult Literacy Services are the heart of our service, and are the basis for all other literacy
services.
• A match on local funds raised and expended for adult literacy services at your library in 2007/08
- reflecting a commitment to a continuing State/Local partnership, and to providing an incentive
for increased local support for adult literacy.
Earlier this year you received baseline amounts for the 2008/09 fiscal year for your CLLS approved
program components. These baselines reflect the importance of each library having enough funds to
provide at least a minimum level of local literacy staffing and service.
Below is a re -cap of your total CLLS funding for the 2008/09 program year:
Baselines:
Adult Literacy Services
Family for Literacy
English Language & Literacy Intensive
Mobile Library Literacy Services
Subtotal baselines:
Final Payment:
(Per Capita & Match)
GRAND TOTAL FOR 2008/09
Library Development Services Bureau
$10,000
$10,000
$10,000
$10,000
$40,000 (amount previously claimed)
$16,653 (amount to be claimed now)
$56,653
900 N Street, Suite 500
P. O. Box 942837
Sacramento, CA 94237-0001
(916) 653-5217 phone
(916) 653-8443 fax
www.library.com
1
National City Public Library 2
Any changes in your funding from last year could be a result of the following factors:
(1) Baselines - a change in the CLLS program components you are offering
(2) Per Capita - an increase or decrease in the number of adult learners you served
(3) Match - an increase or decrease in the amount of local funds expended on adult literacy
We will initiate the payment process upon receipt of your signed Claim Form (attached). This final
payment will be processed after all reporting requirements from the prior fiscal year have been received
and all adjustments made and unexpended monies returned.
Please mail the signed claim form to: California State Library
Budgets/Local Assistance
P.O. Box 942837
Sacramento, CA 94237-0001
Please revise your literacy budget for fiscal year 2008/09 utilizing the actual total allotment from the
State Library as outlined in this award letter. The budget that you submitted with the application in May
was based on projections. The revised budget forms should reflect updated information and more
accurate figures than you had in May. These forms can be found at http://www.libraryliteracy.org after
November 10 and must be completed by December 15. If you have questions completing these forms
email Cindy Tackett at ctackett@library.ca.gov
Since electronic signatures are not available on the website at this time a statement acknowledging the
accuracy of the revised budget figures has been added to the claim form for your signature to certify its
accuracy. No additional signature document will be needed at this time.
You will be asked to report electronically twice this fiscal year —once in February, and again after the
close of the fiscal year. CLLS staff will soon provide more details on this process. All state funds must
be expended or encumbered by June 30, 2009.
The following specific issues or observations have been made about your final report on the 2007/08
service year:
■ No comment.
Should you have additional questions regarding the new funding and/or reporting process, please
contact:
Jacquie Brinkley
Carla Lehn
Linda Springer
Cindy Tackett
(916) 651-0376 or ibrinkley@library.ca.gov
(916) 653-7743 or clehn@a,library.ca.gov
(916) 651-6509 or Ispringer@library.ca.gov
(916) 653-7172 or ctackett@library.ca.gov
National City Public Library 3
Best wishes in implementing your library literacy services.
Yours truly,
Susan Hildreth,
State Librarian of California
cc: Literacy Coordinator
Enc: Revised Claim Form
Doc,: 13092 1.DO('
Niue
3
National City Public Library 4
CLAIM FORM
California Library Literacy and English Acquisition Services Program (CLLS)
FY 2(108/2009
California Education Code; Sections 18880-18884 •CSL Budget Item 6120-213-0001
The claims the indicated allowance for the purposes of
carrying out the functions stated in its CLLS application and in Sections 18880-18884 of the California Education
Code.
I hereby certify under penalty of perjury: that the library named above shall use their allowance solely for the
purposes indicated in their CLLS application and in Sections 18880-18884 of the California Education Code.
Library Director (signature)
CLAIM FOR PAYMENT OF GRANT
Claim of
Typed Name of Signatory
Address
Date
Amount Claimed:
Name of Authorized Library
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized officer of the claimant herein; that the
claim is in all true, correct and in accordance with law and that payment has not previously been received for the
amount claimed herein.
By
Official Representative of Fiscal Agent (Signature Required)
Note: Warrant to he issued for payment to the library to be addressed to:
Title
(Authorized agency to receive, disburse and account for CLLS funds)
Mail to:
California State Library,
Budgets/Local Assistance,
P.O. Box 942837
Sacramento, CA 94237-0001
(Address of above agency)
Approval by State:
Y
City of National City, California
COUNCIL AGENDA STATEMENT
!!ETING DATE5 01-06-09
AGENDA ITEM NO.
7
(--
ITEM TITLE Resolution of the City Council of the City of National City Ratifying a Side Letter to the
Memorandum of Understanding between thc City and the National City Municipal Employees' Association,
Adjusting the Work Schedule and 1 eaks for Police Dispatchers.
PREPARED B y DEPARTMENT
Stacey Stevens • 3 :-4 I , Human Resources Director
EXPLANATION
On July 17, 2007, the City Council approved a Resolution ratifying the wages, hours, and other terms and
conditions of employment reached through a meet and confer process between the City of National City (City)
and the National City Municipal Employees' Association (MEA). The action authorized the City Manager to
enter into a Memorandum of Understanding (MOU) with MEA for the period January 1, 2007 through
December 31, 2009. Article 24 of the MOU specifies that MEA represented employees working more than five
(5) hours in a workday shall receive at least a 30 minute period for a lunch break, without pay. The starting and
ending hours of the workday arc adjusted to account for this provision. For example, full-time employees
typically begin the workday at 7:00 a.m. and end the workday at 6:00 p.m. The eleven (11) hour span includes a
one hour unpaid lunch break, resulting in a ten (10) hour compensable work day.
At thc initiation of the Police Department, in recognition of internal logistical considerations, a series of meet
and confer discussions have been held with the MEA related to the impact of Article 24 on the Police Dispatch
unit. Given the critical nature and unpredictability of Police Dispatch as well as current staffing levels, Police
Dispatchers are frequently called back to duty during lunch and rest breaks. As an outcome, both parties have
agreed to side letter language (attached) through which Police Dispatchers will receive a 30 minute paid lunch
break. To accomplish this, the actual workday for each shift will be ten (10) hours instead of ten and one-half
(10 1/2) or eleven (11) hours. This change does not effect compensation.
--)
Environmental Review ✓ N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Recommend approval of resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Resolution
A-200 (9/80)
RESOLUTION NO. 2009 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
RATIFYING A SIDE LETTER TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND
THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION
ADJUSTING THE WORK SCHEDULE AND BREAKS
FOR NATIONAL CITY POLICE DISPATCHERS
WHEREAS, on July 17, 2007, the City Council approved Resolution No. 2007-
171, ratifying the wages, hours, and other terms and conditions of employment reached through
a meet and confer process between the City and the National City Municipal Employees'
Association ("MEA"); and
WHEREAS, the action authorized the City Manager to enter into a Memorandum
of Understanding (MOU) with the MEA for the period January 1, 2007 through December 31,
2009; and
WHEREAS, in recognition of internal logistical considerations, such as the critical
nature and unpredictability of police dispatch, as well as current staffing levels, the City and the
MEA have agreed to a side letter amending Article 24, Section 1 of the MOU through which
Police Dispatchers will receive a 30-minute paid lunch break, with daily shifts of ten (10) hours
in length.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby ratifies a Side Letter amending Article 24, Section 1 of the Memorandum of
Understanding between the City and the National City Municipal Employees' Association
through which Police Dispatchers will receive a 30-minute paid lunch break, with daily shifts ten
(10) hours in length.
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
SIDE LETTER TO
MEMORANDUM OF UNDERSTANDING
BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU
LOCAL 221 AND THE CITY OF NATIONAL CITY
WORK HOURS/LUNCH BREAKS FOR POLICE DISPATCHERS
Effective upon Council approval of this side letter, the City shall adjust the work schedules and
meal periods of Police Dispatchers represented by the National City Municipal Employees'
Association (NCMEA).
This side letter will serve both as a supplement to Article 24 of the Memorandum of
Understanding (MOU) and as the controlling document for issues related to work schedules and
meal periods for Police Dispatchers. Employees in positions that will experience a schedule
change will be notified no later than 10 working days before the new schedule as called for by
the current MOU.
The City, MEA, and SEIU Local 221 understand that there are aspects of work schedule changes
that cannot be fully anticipated, and that the parties may need to utilize labor management
meetings to discuss unforeseen circumstances should they arise.
ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day
Section 1: Work Day
Call -hack and on -call time are excluded from the computation of the hours paid for the purposes
of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute
period for lunch break without pay with the exception of Police Dispatchers. A maximum of
fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work
and may be taken as assigned by the employee's supervisor.
Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 15 minute
rest periods. and one-half (I/2) hour paid lunch break.
1) Every effort will be made to have Police Dispatchers receive their paid meal breaks
(30 minute break) as time permits - no guarantee. Employees are subject to call back
from breaks during emergencies and/or when the volume of activity requires
additional staffing.
2) Employees shall not combine two or more breaks (restperiods) into one rest period,
except as approved by the unit's sworn supervisor or Chief of Police during non -
routine and/or unexpected circumstances.
3) Employees shall not save rest / meal periods to justify shortened work days.
City of National City, California
COUNCIL AGENDA STATEMENT
r.wEETING DATE 01-06-09 AGENDA ITEM NO.
8
ITEM TITLE Resolution of the City Council of the City of National City For Employer Paid Member
Contributions: Modifying the Contribution Rates to the Public Employees' Retirement System by Decreasing the
City's Contribution (Employer Paid Member Contribution (EPMC)) and Adding a Member Contribution Paid by
the Elected Officials of the City of National City: Mayor, City Councilmembers, City Clerk and City Treasurer.
PREPARED BY Stacey Stevenso9, Director DEPARTMENT Human Resources
(336-4308)`---
EXPLANATION
Currently, the City of National City pays 100% of the eight percent (8%) employee paid
contribution to the Public Employees' Retirement System (PERS). By unanimous vote, the City Council elected
to enact an ordinance under which the Mayor and each Councilmember will pay two percent (2%) of their PERS
contribution from their respective salaries, reducing the Employer Paid Member Contribution paid by the City to
six percent (6%). The other two elected officials, the City Clerk and City Treasurer, also concurred to pay two
percent (2%) of their PERS contribution from their respective salaries, reducing the Employer Paid Member
Contribution paid by the City to six percent (6%) (correspondence attached).
To effect the ordinance, pursuant to Government Code Section 20691, the City Council must amend the contract
between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan
change. Therefore, staff seeks a resolution decreasing the EPMC to PERS for elected officials to six percent
(6%) effective January 6, 2009, adding a Mernber Contribution Paid by said Elected officials and authorizing an
amendment to the contract with CaIPERS, accordingly. Ca1PERS will amend the contract upon receipt of the
Council resolution approving the plan change.
,)
Environmental Review ✓ N/A
Financial Statement
This action will result in a savings of $1,925, annually
Account No.
STAFF RECOMMENDATION
Recommend approval of resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
TResolution
City Clerk Correspondence dated December 9, 2008
A-200 (9/80)
RESOLUTION NO. 2009 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY FOR
EMPLOYER PAID MEMBER CONTRIBUTIONS:
MODIFYING THE CONTRIBUTION RATES TO
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY
DECREASING THE CITY'S CONTRIBUTION AND ADDING
A MEMBER CONTRIBUTION PAID BY THE MAYOR,
CITY COUNCIL, CITY CLERK, AND CITY TREASURER,
ALL OF WHOM ARE ELECTED OFFICIALS
WHEREAS, the governing body of the City of National City has the authority to
implement Government Code Section 20691; and,
WHEREAS, pursuant to California Government Code Section 20691, the City
Council has the authority to increase, reduce, or eliminate all or a portion of the normal
contributions paid to CalPERS; and
WHEREAS, the City Council of the City of National City has a written labor policy
or agreement which specifically provides for the normal member contributions to the California
Public Employees' Retirement System (CalPERS) to be paid by the employer; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the governing body of the City of National City of a Resolution to commence
said Employer Paid Member Contributions (EPMC); and,
WHEREAS, the City Council has identified the following conditions for the
purpose of election to pay the Employer Paid Member Contribution (EPMC):
• This benefit shall apply to all employees in the category of elected official: Mayor,
City Councilmember, City Clerk, and City Treasurer.
• This benefit shall consist of paying six percent (6%) of the normal member
contributions as EPMC.
• The effective date of this Resolution shall be January 6, 2009; and
WHEREAS, the City Council seeks to amend its contract with CalPERS to reflect
the conditions above.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby elects to pay the Employer Paid Member Contribution to the California
Public Employees' Retirement System for the Mayor, City Council, City Clerk, and City
Treasurer, all of whom are elected officials, as set forth above.
BE IT FURTHER RESOLVED that the City Council authorizes an amendment to
the contract between the City of National City and CaIPERS as set forth above.
--- Signature Page to Follow —
Resolution No. 2009 —
January 6, 2009
Page 2
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
}-rt CALIFOF2NI:A
NtIONAL cri'y
)(V
INCORPORATED
OFFICE OF THE CITY CLERK
1243 National City Blvd., National City, CA 91950
619-336-4228 phone 619-336-4229 fax
December 9, 2008
To: George Eiser, City Attorney
From: Michael Dalla, City Clerk
Subject: Compensation Adjustment for the City Clerk and City Treasurer
As you know, compensation adjustments for the City Clerk and City Treasurer
are not subject to the same election year time constraints as are those of the
Mayor and City Council.
Nevertheless, it has been the practice of the Council to adjust the compensation
and benefits of the City Clerk and City Treasurer at the same time and by the
same percentage as the adjustments for the Mayor and City Council.
In view of past practice, and the planned adjustment of the Mayor and the City
Council compensation to require two percent of the PERS retirement contribution
to be paid out of pocket, I recommend that the same adjustment be applied to
the City Clerk and City Treasurer and a Resolution be prepared reflecting the
change. City Treasurer Beauchamp concurs with this recommendation.
cc: Mitch Beauchamp, City Treasurer
City of National City, California
COUNCIL AGENDA STATEMENT
""'701EETING DATE January 6, 2009 AGENDA ITEM NO.
9
ITEM TITLE
2008-2009 City of National City Property Tax Summary
PREPARED BY Jeanette Ladr • o, : PA DEPARTMENT Finance
Finance Dir
EXPLANATION
The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for
revenue management and property tax services. Staff meets with a representative of HdL on an
annual basis to review property tax data and trends within the City, Redevelopment Agency and
statewide.
Attached is the 2008-2009 National City Property Tax Summary. The newsletter provides information
on the City's assessed values, property assessment appeals, Proposition 8 and Real Estate Values.
This newsletter is also available on the City's website.
Environmental Review N/A
Financial Statement
N/A
Approved By:
Jeanette Ladrido, Finance Director
Account No.
STAFF RECOMMENDATION
Accept and file the newsletter
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
2008-2009 City of National City 2008-2009 Property Tax Summary
A-200 (9/80)
Real Estate Data
Summary of Southern California Counties
All Homes
Los Angeles
Orange County
San Diego
Riverside
San Bernardino
Ventura
Imperial
COMPANIE
Units Sold Units Sold Percentage Median Price Median Price Percentage
July-07 July-08 Change July-07 July-08 Change
6,809 6,592 -3.19% 547,500 400,000 -26.94%
2,391 2,799 17.06% 640,000 461,000 -27.97%
3,106 3,431 10.46% 489,000 364,000 -25.56%
2,769 4,116 48.65% 399,000 260,000 34.84%
2,008 2,521 25.55% 355,000 230,000 -35.21%
784 870 10.97% 582,500 420,000 -27.90%
110 110 0.00% 295,000 295,000 0.00%
Percentage
Change '06
-4.73%
0.94%
4.77%
0.48%
0.27%
-3.00%
-0.51
Source: Dataquick Information Systems
Proposition 8 and Declining Real Estate Values
In the circumstance of a downturn in the real estate market such as California is currently experiencing,
many property owners seek to reduce their tax bill in accordance with Proposition 8. Often county
assessors will administratively reduce values on large blocks of property without even requiring property
owners to appeal. This has already occurred in a number of California counties.
Example: A property previously assessed at $500,000 received a Proposition 8 reduction in value to
$450,000 as of the lien date. By the next lien date, the property's market value had increased five percent,
or $22,500, and, thus, the assessor enrolled a value of $472,500 for that year. Because the current
market value is less than its current factored base year value of $510,000 ($500,000 + 2% annual
increase), increasing the assessed value by five percent is legal since the two percent limitation of
Proposition 13 applies only to increases in the base year value. Here, since the current market value
continues to be less than the factored base year value, an increase beyond the two percent limitation is
appropriate. As the year progresses, property values rebound dramatically and the market value of the
property is now $525,000. Because the current factored base year value for this year is $520,200
($510,000 + 2%), which is lower than the current market value, the adjusted factored base year value
would be reinstated and enrolled, and the annual increase will again be limited to two percent.
The table below provides a summary of the Prop-8 value reductions that have been reported by county
assessors to date for the 2008-09 roll.
County Reduced
Los Angeles 128,000
Orange 127,108
Riverside 200,190
San Bernardino 84,370
San Diego 79,464
Ventura 34,300
2007-08 Secured Value
$952,567,759,011
$336,020,524,547
$227,924,849,024
$163,377,187,135
$367,015,533,412
$98,588,036,250
Value Reduction
$9,344,000,000
$11,000,000,000
$16,245,114,324
$6,072,614,851
$8,310,000,000
$298,410,000
% Decline
0.98%
3.27%
7.13%
3.72%
2.26%
0.30%
909.861.4335 The HdL Companies
www.hdlccpropertytax.com
City of National City
2008-09 Property Tax Summary
The City of National City experienced a net taxable value increase of 7.0% for the
2008-09 tax roll, which was somewhat higher than the increase experienced
countywide at 4.4%. The assessed value increase between 2007-08 and 2008-09
was $205 million. The growth attributed to the Assessor granted 2% CPI adjustment
was $58 million, which was offset by significant reductions caused by properties with
declining values.
The largest assessed value increase was reported on two institutional parcels owned
by MPT of Paradise Valley LP. The parcels, which transferred ownership last year,
were reappraised resulting in a $29.8 million increase in value. New development on
two parcels by Plaza Bonita LP (3050 Plaza Bonita Road), triggered a reappraisal that
increased the value by $25.6 million. A commercial shopping center at 1420 Plaza
Boulevard (Pacific Castle Bay Plaza LLC) transferred ownership causing the value to
increase by $10.3 million.
Parcel subdivision and new construction activity contributed to growth in assessed
values this year. 61 parcels were dropped from the roll and 487 were added,
resulting in a net assessed value gain of $47.4 million.
From 2001 through 2006, favorable interest rates and strong demand for housing
pushed property values to record highs. However, recent market distress has caused
significant weakness and properties throughout the region have been declining at a
steady pace. The median sale price of a single family home in National City from
January through August 2008 was $250,000. This represents a $135,000 (35%)
decrease in median sale price from 2007.
2008-09 Tax Shift Summary
ERAF I & II
RDA ERAF
VLFAA (est.)
To ERAF
From ERAF
$1,126,627
$1,067,127
$5,104,765
Top 10 Property Taxpayers
Appeals Update
COMPANIES
Triple Flip/VLF
Payment Dates
• Triple Flip Payments (sales tax in -
lieu payments) are due to City
from County ERAF account on or
before January 31st and May 1st
annually during the life of the
State issued revenue recovery
bonds. A true -up payment is to
be made on or before the Janu-
ary 31, 2009 for the 2007-08 FY.
• VLF in lieu payments to City from
the County ERAF account will be
paid on or before January 31st
and May 31st. This revenue
source grows by gross assessed
property values between tax
years.
• Supplemental property tax VLF in
lieu payments from the County
ERAF account have been signifi-
cantly higher than projected in
many cities. We expect these
revenues to decline considerably
as the real estate market weak-
ens.
Since 2004, there have been 223 appeals filed in the City resulting in the removal
of more than $14.9 million of assessed value from the tax roll. 54% of all the ap-
peals resolved since 2004 have been granted to date and historically, when ap-
proved, assessed values have been reduced by 35.8%. There are currently 157
pending appeals with an assessed value of $405,840,344.
Owner
1. Pasha Group
2. Centermark Properties Inc.
3. Wells Fargo Bank
4. Pacific Castle
5. Sweetwater Associates
6. Costco
7. Wal Mart
8. Sweetwater Square
9. CIP Venture
10. Dixieline Lumber
Total
Revenue
244,335
236,715
229,666
219,074
216,882
181,845
167,047
161,743
159,338
140.729
$1,957,374
% of City
1.37
1.33
1.29
1.23
1.22
1.02
0.94
0.91
0.89
0.79
10.97%
Noiro
909.861.4335
The HdL Companies
www. hd lccpropertytax.com
City of National City, California
COUNCIL AGENDA STATEMENT
ETING DATE _._ uary-6-_2009_
10
AGENDA ITEM NO.
ITEM TITLE
Warrant Register #23 for the period of 11/26/08 through 12/02/09 in the
Amount of $2,454,314.61
PREPARED BY D. Gallegos -Finance
EXPLANATION
DEPARTMENT
Finance
Jeanette Ladrido
619-336-4331
Per Government Section Code 37208, attached are the warrants issued
for the period of 11/26/08 through 12/02/09.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor
Health Net
Kaiser Foundation
Koch Armstrong
Public Emp Ret
`: Payroll
Check#
224171
224181
224184
224214
various
Amount
66,298.41
131,112.20
709,839.65
265,754.46
1,470,939.73
Explanation
Emp. Health Ins.
Emp. Health Ins.
Street Resurfacing
Emp Ret Sys
PPE 11/17/08
PPE 11/17/08
C.
Environmental Review
Financial Statement
Not applicable.
N/A
Approved By:
Finance Director
Account No.
STAFF. RECOMMENDATION
Ratification of warrants in the amount of $2,454,314.61
BOARD / COMMISSION RECOMMENDATION
1. Warrant Register #23
ATTACHMENTS ( Listed Below )
Resolution No.
A•2C0 AN.
k C,
INCORPORATE' -
Warrant Register # 23
12/2/2008
001 GENERAL FUND
104 LIBRARY FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
111 P.O.S.T. FUND
115 PARK & REC CAPITAL OUTLAY FUND
125 SEWER SERVICE FUND
130 EMT-D REVOLVING FUND
131 ASSET FORFEITURE FUND
154 STATE PUBLIC LIBRARY FUND
158 SWIMMING POOL REVOLVING FUND
166 NUTRITION
171 LIBRARY SCHOOL DISTRICT CNTRCT
172 TRASH RATE STABILIZATION FUND
173 NATIONAL SCHOOL DIST CONTRACT
174 SWEETWATER SCHOOL DIST CONTRAC
191 STOP PROJECT
211 SECURITY AND ALARM REGULATION FUND
212 PERSONNEL COMPENSATION FUND
230 ABANDONED VEHICLE ABATEMENT GRANT
246 WINGS GRANT
290 POLICE DEPT GRANTS
294 HUD HEALTHY HOMES GRANT
301 GRANT-C.D.B.G.
307 PROPOSITION A" FUND
320 LIBRARY GRANTS
346 PROP 1 B FUND
502 SECTION 8 FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
628 GENERAL SERVICES FUND
629 INFORMATION SYSTEMS MAINTENANC
631 TELECOMMUNICATIONS REVOLVING
632 GENERAL ACCOUNTING SERVICES
643 MOTOR VEHICLE SVC FUND
724 COBRA/RETIREE INSURANCE
731 CONTRUCTION & DEMOLITION DEBRIS
1, 216, 586.76
30,138.29
21,292.67
5,103.99
132.00
8,704.70
21,985.53
3,087.23
14,361.31
424.46
1,819.61
28,802.84
1,039.61
49,305.96
983.79
4,570.36
2,645.23
1,062.11
9,516.45
3,315.37
38,698.04
2,208.77
132.00
6,751.21
6,147.24
6,136.00
709,839.65
21,685.74
105,271.64
1,419.94
54,148.82
3,796.38
7,005.36
15,591.21
2,368.63
24, 258.00
16,928.77
6,628.94
420.00
2,454,314.61
`.r
PAYEE
ACEDO
AIRGAS - WEST
AIRGAS-WEST
AK & COMPANY
ALL FRESH
ALL THE KINGS FLAGS
ALLEN
AMERICAN ROTARY BROOM CO., INC
ARJIS
ASCE MEMBERSHIP
BANC OF AMERICA PUBLIC &
BEARD
BOARD OF EQUALIZATION
BOOT WORLD
BOYD
BRO CONSTRUCTION
BROADWAY AUTO ELECTRIC
1 P F
`rV REED JR
CALIFORNIA BAKING CO.
CALIFORNIA ELECTRIC SUPPLY
CALIFORNIA LAW ENFORCEMENT
CARQUEST AUTO PARTS
CHEVRON & TEXACO BUSINESS CARD
CHILDREN'S HOSPITAL
CITY OF CHULA VISTA
CITY OF ESCONDIDO
CONDON
CORPORATE EXPRESS
CULLIGAN
DEFRATIS
DELL MARKETING CORP
DICERCHIO
DREDGE
ENVIRONMENTAL HAZARDS SERVICES
EWERT, PHILLIP
FEDEX
FENTON
FLEET SERVICES, INC
GRAINGER
GROSSMAN PSYCHOLOGICAL ASSOC.
HAMILTON MEATS & PROVISIONS
\MILTON
'wawa SUPPLY
HdL COREN & CONE
HEALTH NET
HEALTH NET
WARRANT REGISTER # 23
12/2/2008
DESCRIPTION
RETIREE HEALTH BENEFITS DEC'08
HELIUM
MOP #45714 LEATHER SLEEVES, APRONS
CONSULTING SERVICES
FOOD/CONSUMABLE
FLAGS
RETIREE HEALTH BENEFITS DEC'08
SWEEPER REPAIRS
ARJIS COSTS, JPA COSTS
ASCE ANNUAL MEMBERSHIP - ENG
CAT LOADER EQUIP LEASE PMT#11
125 PLAN REIMB
USE TAX ON INVOICE 1893444
MOP #64096 SAFETY BOOTS
RETIREE HEALTH BENEFITS DEC'08
REFUND OF C&D FEES
ELECTRICAL PARTS FOR CITY VEHICLES
FIRE/LTD DEC 2008
RETIREMENT 2000964-S90 DEC'08
BREAD PRODUCTS
MOP #45698 NUT 332H
PD/LTD DEC 2008
MOP #47557 WATER PUMP, UNIT 449
MOP #45699 FUEL
CHILD SEXUAL ABUSE EXAMS
ANIMAL SHELTER COSTS
CAMPUS & TACTICS SEMINAR
RETIREE HEALTH BENEFITS DEC'08
MOP 45704 OFFICE SUPPLIES- PD
WATER SOFTNER SVCS
RETIREE HEALTH BENEFITS DEC'08
EXTENDED WARRANTY SERVICE
RETIREE HEALTH BENEFITS DEC'08
RETIREE HEALTH BENEFITS DEC'08
HUD HEALTHY HOMES DEM GRANT
RETIREE HEALTH BENEFITS DEC'08
FEDEX GRANT APPLICATION
TRAINING COURT
MOP #67804 DISC PADS
MOP #65179 BALLASTS
PRE-EMP PSYCHOLOGICAL EXAMS
MEAT PRODUCTS
RETIREE HEALTH BENEFITS DEC'08
PLUMBING MATERIAL OVER COUNTER
PROPERTY TAX OCT - DEC 2008
HEALTH INS H0067A DEC 2008
HEALTH INS DEC 2008 57135J
1/4
CHK NO DATE AMOUNT
224126 12/2/08 160.00
224127 12/2/08 23.14
224128 12/2/08 229.54
224129 12/2/08 2,800.00
224130 12/2/08 2,654.83
224131 12/2/08 251.08
224132 12/2/08 125.00
224133 12/2/08 1,245.25
224134 12/2/08 95.00
224135 12/2/08 40.00
224136 12/2/08 3,077.02
224137 12/2/08 599.95
224138 12/2/08 350.00
224139 12/2/08 588.30
224140 12/2/08 145.00
224141 12/2/08 420.00
224142 12/2/08 210.11
224143 12/2/08 640.00
224144 12/2/08 1,087.23
224145 12/2/08 648.00
224146 12/2/08 2,087.13
224147 12/2/08 1,794.00
224148 12/2/08 100.02
224149 12/2/08 257.73
224150 12/2/08 394.00
224151 12/2/08 8,265.51
224152 12/2/08 240.00
224153 12/2/08 280.00
224154 12/2/08 908.85
224155 12/2/08 187.00
224156 12/2/08 120.00
224157 12/2/08 409.49
224158 12/2/08 70.00
224159 12/2/08 250.00
224160 12/2/08 132.00
224161 12/2/08 160.00
224162 12/2/08 37.78
224163 12/2/08 125.19
224164 12/2/08 114.39
224165 12/2/08 840.90
224166 12/2/08 500.00
224167 12/2/08 1,754.05
224168 12/2/08 100.00
224169 12/2/08 1,531.70
224170 12/2/08 1,200.00
224171 12/2/08 66,298.41
224172 12/2/08 685.94
PAYEE
HEALTH NET
HEALTH NET
HEARTLAND COMM. FAC. AUTHORITY
HINDERLITER DE LLAMAS & ASSOC
HOLLOWAY
INFRASTRUCTURE ENGINEERING
JAMES
JOHN DEERE LANDSCAPES
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KIMBLE
KOCH ARMSTRONG GENERAL
KOLANDA
LASER SAVER INC
LINCOLN EQUIPMENT INC.
LOPEZ
MAGGIORA
MAINTEX, INC.
MASON'S SAW & LAWNMOWER SRVC
MATIENZO
MATTHEW BENDER & CO INC
MAXIMUS, INC.
MCCABE
MCGUIRE DISTRIBUTION
METRO FIRE & SAFETY
MISSION UNIFORM SERVICE
MORE DIRECT
MOTOROLA
MR. COPY / FAX CITY
MURRAY
MYERS
NATIONAL CITY HISTORICAL
NATIONAL CITY HISTORICAL
NATIONAL CITY TROPHY
NIXON EGLI EQUIPMENT CO.
NOSAL, WILLIAM A.
ORKIN PEST CONTROL
PAUU
PERVO TRAFFIC CENTER
PFIEFER
POTTER
PUBLIC EMP RETIREMENT SYSTEM
R.J. THOMAS MFG. CO., INC.
RAY
REED'S RESTAURANT EQUIP. SVC.
REHRIG PACIFIC COMPANY
RELIANCE STANDARD
GA'
3
INCORPORATED
WARRANT REGISTER # 23
12/2/2008
DESCRIPTION
HEALTH -FULL NETWORK DEC 2008
HEALTH-RET INS H0067F DEC 2008
ENROUTE/BEAR COMNERIZON
TRANSACTIONS TAX- SALES QTR 2 2008
RETIREE HEALTH BENEFITS DECO8
ENGINEERING PLANNING SERVICES
RETIREE HEALTH BENEFITS DEC'08
MOP #69277 PLAYGROUND MULCH
KAISER INS ACTIVE DEC 2008
KAISER RET INS DEC 2008
RETIREE HEALTH BENEFITS DEC'08
OCTOBER 2008 SERVICES
RETIREE HEALTH BENEFITS DEC'08
MOP 45725 HP 8100 TONER - FIN
REPLACEMENT PARTS/MATERIALS
REFUND FOR B/L
125 PLAN REIMB
JANITORIAL SUPPLIES
MOP #45729 LOCKS, GOPHER GETTER
RETIREE HEALTH BENEFITS DEC'08
MUNICIPAL CODE NOV'08
COST ALLOCATION PLAN
RETIREE HEALTH BENEFITS DEC'08
MILK PRODUCTS
ANNUAL FIRE EXTINGUISHER
LINEN SUPPLIES
PLANTRONICS- PUSH TO TALK PTT
MODEL
20 NOT TAPED 3" CORE 2 ROLLS
RETIREE HEALTH BENEFITS DEC'08
RETIREE HEALTH BENEFITS DEC'08
ANNUAL HOLIDAY DINNER PARTY
ANNUAL HOLIDAY DINNER PARTY -
MOP #66556 NAME PLATES
STREET SWEEPER PARTS
RETIREMENT SETTLEMENT DEC'08
PEST MAINTENANCE
RETIREE HEALTH BENEFITS DEC'08
MOP#63846 SIGN BRACKETS/BUCKLES
125 PLAN REIMB
RETIREE HEALTH BENEFITS DEC'08
SERVICE PERIOD 11-08-4
HOT COAL BIN
RETIREE HEALTH BENEFITS DEC'08
REPAIRS
60-GALLON PUBLIC LITTER CONTAINER
VTL DEC 2008
dfry
CHK NO
224173
224174
224175
224176
224177
224178
224179
224180
224181
224182
224183
224184
224185
224186
224187
224188
224189
224190
224191
224192
224193
224194
224195
224196
224197
224198
224199
224200
224201
224202
224203
224204
224205
224206
224207
224208
224209
224210
224211
224212
224213
224214
224215
224216
224217
224218
224219
DATE
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
12/2/08
2/4
AMOUNT
11..658.68
1,617.60
2,885.27
2,814.05
150.00
1,845.00
140.00
789.00
131,112.20
4,325.40
300.00
709,839.65
135.00
152.19
524.71
100.00
104.50
1,089.00
109.94 „ego
100.00
758.51
14,500.00
280.00
958.40
1,388.91
56.67
2,904.71
14,361.31
179.81
150.00
140.00
75.00
25.00
228.37
123.86
1,028.54
835.50
340.00
474.80
224.80
150.00
265, 754.46
8,133.40
190.0,-
1,261.46
45,874.10
1,490.45
PAYEE
ROJAS
ROTH STAFFING COMPANIES
ROTH STAFFING COMPANIES
RUIZ
SAN DIEGO GAS & ELECTRIC
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO REGIONAL
SAN DIEGO SPEEDO TACH, INC.
SAN DIEGO UNION TRIBUNE
SD BMW MOTORCYCLES
SDG&E
SHORT, CRAIG
SILVA
SMART & FINAL
SOUTHWEST SIGNAL SERVICE, INC.
STEVENSON
N TRUST
'. ,IEETWATER AUTHORITY
SYSCO SAN DIEGO
TARULLI TIRE SAN DIEGO INC
THE LINCOLN NATIONAL LIFE INS.
THE STAR NEWS
TRAINING FOR SAFETY, INC.
TRITECH SOFTWARE SYSTEMS
US POSTAL SERVICE
VALLEY INDUSTRIAL SPECIALTIES
VISTA PAINT
VULCAN MATERIALS COMPANY
WADE & ASSOCIATES
ZIETLOW, DAVID
ATANGAN
CCH
CORPORATE EXPRESS
CPP PRINTING
DESROCHERS
DIXIELINE LUMBER CO.
ELEGANT EVENTS PARTY RENTALS
HdL COREN & CONE
ICF JONES & STOKES
KEYSER MARSTON ASSOC
OPPER & VARCO
)WER PLUS
'44#110fiUDENTIAL OVERALL SUPPLY
SAN DIEGO GAS & ELECTRIC
SAN DIEGO TROLLEY INC
STATE OF CA CEPA
err,/
INChR.pOR.ATED
WARRANT REGISTER # 23
12/2/2008
DESCRIPTION
125 PLAN REIMB
NEIGHBORHOOD TEMP EMP 11/09/08
NEIGHBORHOOD TEMP EMP 11/16/08
RETIREE HEALTH BENEFITS DEC'08
1415 D AVE HM 10/16-11/17/08
78TH REGIONAL ACADEMY
DRUG INF 11550 H&S COURSE
COMP INVESTIGATIONS OF WEBSTS
SPEEDOMETER CALIBRATION
CDBG PUBLIC NOTICE
REPAIRS & MAINTENANCE OF POLICE
FACILITIES DIVISION
RETIREE HEALTH BENEFITS DEC'08
CALPELRA CONFERENCE
MOP 45756 STORE MISC - FIRE
TRAFFIC SIGNAUSTREET LIGHTING
LABOR CONFERENCE
NEW FIRE TRUCK#1 PAYMT#58
FACILITIES DIVISION
FOOD/CONSUMABLES
MOP #47940 TIRES
LIFE & AD&D STD LTD DEC 2008
ADVERTISING
ADV DISPAT UPDATE TRAINING
SUPPORT SVCS 11/1/08-10/31/09
POSTAGE STAMPS
SULFURIC ACID DRAIN CLEANER
PAINT
SHEET AND COLD MIX ASPHALTS
CONSULTING SERVICES 8/22-10/06/08
RETIREE HEALTH BENEFITS DEC'08
REFUND ON VOLUNTARY LIFE INS
GOV GAAP GUIDE 2009
S8 OFFICE SUPPLIES
POSTERS
RETIREMENT BENEFIT NOV 2008
MOP 45707 PAINT SUPPLIES - CD
EQUIPMENT RENTALS
PROPERTY TAX OCT-DEC 2008
WESTSIDE SPECIFIC PLAN EIR
ECONOMIC CONSULTING
PACIFIC STEEL INC SITE
EQUIPMENT RENTAL
MOP 45742 STREET UNIFORMS - CD
KIMBALL HOUSE 10/16-11/17/08
FLAGGING SERVICES
MANIFEST FEE CALCULATION
3/4
CHK NO DATE AMOUNT
224220 12/2/08 1,301.35
224221 12/2/08 1,008.70
224222 12/2/08 951.60
224223 12/2/08 310.00
224224 12/2/08 1,849.17
224225 12/2/08 300.00
224226 12/2/08 20.00
224227 12/2/08 132.00
224228 12/2/08 390.00
224229 12/2/08 521.60
224230 12/2/08 3,094.46
224231 12/2/08 26,916.80
224232 12/2/08 300.00
224233 12/2/08 1,184.55
224234 12/2/08 122.14
224235 12/2/08 9,619.20
224236 12/2/08 665.16
224237 12/2/08 5,009.63
224238 12/2/08 1,222.30
224239 12/2/08 7,066.35
224240 12/2/08 754.15
.224241 12/2/08 9,996.22
224242 12/2/08 92.26
224243 12/2/08 570.00
224244 12/2/08 10,980.00
224245 12/2/08 84.00
224246 12/2/08 167.95
224247 12/2/08 297.19
224248 12/2/08 504.89
224249 12/2/08 8,584.50
224250 12/2/08 150.00
224251 12/2/08 401.80
224252 12/2/08 249.40
224253 12/2/08 122.42
224254 12/2/08 375.19
224255 12/2/08 110.00
224256 12/2/08 82.63
224257 12/2/08 444.65
224258 12/2/08 1,200.00
224259 12/2/08 34,389.91
224260 12/2/08 1,509.38
224261 12/2/08 153.00
224262 12/2/08 390.00
224263 12/2/08 26.68
224264 12/2/08 66.21
224265 12/2/08 47.85
224266 12/2/08 91.50
PAYEE
SWEETWATER AUTHORITY
WELLS FARGO BANK
XEROX CORPORATION
YOUNG
PAYROi.1,
Pay period
24
Start Date
11/4/2008
Nit
INCORPORATED
WARRANT REGISTER # 23
12/2/2008
DESCRIPTION
1310 HIGHLAND 09/04-11/04/08
CREDIT CARD FEES
BASE CHARGE FOR OCT 2008
MILEAGE REIMB - SITE VISITS
End Date
11/17/2008
Check Date
11/26/2008
CHK NO DATE
224267 12/2/08
224268 12/2/08
224269 12/2/08
224270 12/2/08
A/P Total
A/P Total
4/4
AMOUNT
283.10
459.31
439.19
17.55
1,470,939.73
983,374.88
1,470,939.73
GRAND TOTAL $ 2,454,314.61
City of National City, California
COUNCIL AGENDA STATEMENT
ETING DATE _ January 6, 2009
11
AGENDA ITEM NO.
ITEM TITLE
Warrant Register #24 for the period of 12/03/08 through 12/09/08 in the
Amount of $599,310.05
PREPARED BY D. Gallegos -Finance, ' gPARTMENT
EXPLANATION
Finance
Jeanette Ladrido
619-336-4331
Per Government Section Code 37208, attached are the warrants issued
for the period of 12/03/08 through 12/09/08.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor
Stevens Construction
3-D Enterprises
ABC Construction
Tristar
Check#
224271
224277
224278
224334
Amount
122,864.06
81,196.20
139,063.10
52,111.31
Explanation
Library Remodel
Parks Rehabilitation
Street Resurfacing
Worker's Comp
CEnvironmental Review
N/A
Financial Statement
Not applicable.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $599,310.05
BOARD / COMMISSION RECOMMENDATION
1. Warrant Register #24
ATTACHMENTS ( Listed Below )
Resolution No.
' 200 i9 f,,,,
Payee
THE SAN DIEGO UNION TRIBUNE
MA STEVENS CONSTRUCTION
SAN DIEGO COUNTY RECORDER
THE SAN DIEGO UNION TRIBUNE
THE SAN DIEGO UNION TRIBUNE
NATIONAL CITY HISrORICAI.
3-D ENTERPRISES
ABC CONSTRUCTION CO., INC.
AEARO CO/AOSAFETY
IERICAN LUNG ASSOC OF CA
AT&T/MCI
BANK OF AMERICA
13CM CUSTOMER SERVICE
BNSF RAILWAY COMPANY
CALIFORNIA AUTO 1301)Y
CALIFORNIA IIIGIIWAY ADOPTION CO
CCH
CINTAS DOCUMENT MANAGEMENT
CITYGATE ASSOCIATES, LLC
COMP VIEW
CONSTRUCTION ELECTRONICS INC.
CORPORATE EXPRESS
DAPPER TIRE COMPANY
DATA TICKET INC
PT OF PESTICIDE REGULATION
WARRANT REGISTER # 24
12/9/200S
Description
ADVERTISING - INFO SYS.
LIBRARY REMODEL.
RECORD FEES FOR RECONVEYANCE
CITY OF N C PUBLIC HEARING
CITY OF N C PUBLIC HEARING
ANNUAL HOLIDAY DINNER PARTY
NOVEMI3ER 2008 SERVICES
SEPTEMBER 2008 SERVICES
SAFETY GLASSES - PW
RLIMI3 FOR MARCH 2008
PHONE XXX-7549 OCT 2008
CREDrr CARD EXP - COMM SVCS
DATA CENTER HVAC MAINTENANCE
PORTION FOR CROSSING REHAB
LABOR TO REPAINT FORD EXPEDITION
LITTER REMOVAL. 11/21/08 SERVICES
GOVERNMENTAL GAAP GUIDE 2009
MONI'III,Y SHREDDING
FIRE DEPT
SYSTEM FOR 'I'IIE BRIEFING
BASIC COVERAGE - DEC 2008
MOP45704 SUPPLIES -NEIGHBORHOOD
TIRES
PC PROCESSING, APPEALS - OCT 08
PESTICIDE LICENSE RENEWAL - PW
1 of 4
chk no chk date Amount
224271 12/4/08 2,553.60
224272 12/4/08 122, 864.06
224273 12/4/08 176.00
224274 12/4/08 569.50
224275 12/4/08 569.50
224276 12/4/08 50.00
224277 12/9/08 81.196.20
224278 12/9/08 139,063.10
224279 12/9/08 103.34
224280 12/9/08 17,108.78
224281 12/9/08 6,183.95
224282 12/9/08 763.00
224283 12/9/08 150.00
224284 12/9/08 24,000.00
224285 12/9/08 1,323.93
224286 12/9/08 960.00
224287 12/9/08 249.40
224288 12/9/08 72.95
224289 12/9/08 7,990.00
224290 12/9/08 19,590.32
224291 12/9/08 843.55
224292 12/9/08 326.66
224293 12/9/08 782.67
224294 12/9/08 2,1 10.15
224295 12/9/08 120.00
1
2 of 4
elTy
tl88a7
INCORpURATED
WARRANT REGISTER # 24
12/9/2008
Payee Description chk no chk date Amount
DIXIELINE LUMBER CO. MOP #45707 STEP LADDER. GAS VALVE 224296 12/9,108 878.95
DOCIJFLOW SOLUTIONS, INC RENEWAI. AGREEMENT -TYPEWRITER 224297 12/9/08 65.00
DREW FORD MOP #49078 ROTOR ASSEMI3LY, KIT 224298 12/9/08 520.79
ESGIJ. CORPORATION PLAN CI IECKING SERVICES OF BLDG 224299 12/9/08 17,480.87
EXPERIAN CREDIT CHECKS FOR NEW PD EMP 224300 12/9/08 28.16
EXPRESS TEL LONG DISTANCE - 10/20 - 11/20/08 224301 12/9/08 52.40
FEDEX FEDEX EXPRESS - RFQ 224302 12/9/08 118.32
FEDEX FEDEX GRANT APPLICATION 224303 12/9/08 54.81
FEDEX TRANSPORTATION PEES 224304 12/9/08 24.86
GALLS, INC. SABRE MK4 CROSSFIRE 224305 12/9/08 1,895.9_,,;
GREGORY J SMYTH MPR EXTRACT FILE 224306 12/9/08 125.00
J & M KEYSTONE INC STATION #31 REMODEL, FLOORS 224307 12/9/08 24,149.39
JC TOWING MOP 468862 'LOWING CHARGES 224308 12/9/08 50.00
LOPEZ TRANSL,AIION SVCS 12/02/08 224309 12/9/08 100.00
MAN K-9 INC. K9'I'RAINING - NOV 2008 224310 12/9/08 600.00
MANPOWER OF SAN DIEGO WEEK ENDING 11/23/08 224311 12/9/08 1,024.00
MAYER HOFFMAN MCCANN P.C. THIRD BILLING -AUDIT OF CNC 6/30/08 224312 12/9/08 1,000.00
MINUTEMAN PRESS MOP 47939 RETURN ENV - FIN 224313 12/9/08 436.53
MISSION UNIFORM SERVICE LINEN SUPPLIES 224314 12/9/08 113.34
MULTI -BANK SERVICES LTD TRADE SETTLING CIFARGES 224315 12/9/08 298.09
NAPA A(110 PARTS MOP #45735 AIR/FUEL FILTERS, VALVES 224316 12/9/08 885.66
PARTS PLUS AIJTOSTORE #71 I MOP #64946 SPARK PLUGS, PR() WIRES 224317 12/9/08 258.64
PERRY FORD MOP #45703 FUEL. GASKET REPAIRS 224318 12/9/08 672.29
PERRY FORD MOP #45703 TRANSMISSION REPAIRS 224319 12/9/08 2,163.67
PHILLIPS MOTOR DAY IN NATIONAL CITY 224320 12/9/08 277.4,Noi�,
2
"v
Payee
POW'ERSTRIDE I3ATEERY CO INC
PROGRESSIVE SOLUTIONS INC.
PRUDENTIAL OVERAI.1. SUPPLY
ETp
INCORPORATED
WARRANT REGISTER # 24
12/9/2008
Description
MOP #67839 13A1TERY
ALARM TRACK 2 EDIT USER LICENSE
MOP 445742 UNIFORMS - PARKS
REGIONAL, COMMUNICATIONS SYSTEM COMMI NICATIONS SYSTEMS-NOV 08
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PET & LAB SUPPLY
STATE CONTROLLER'S OFEICF
STRATACOM
�.VEETWATER AUTHORITY
SWRCB ACCOUNTING OFFICE
TETRA TECH ISG 41
THE SAN DIEGO UNION TRIBUNE
TRISTAR RISK MANAGEMENT
UNITED PARCEL, SERVICE
VAI.DERRAMA
VALLEY INDUSTRIAL SPECIALTIES
VCA MAIN ST ANIMAL, HOSPITAL
VERI/,ON WIRELESS
WADE & ASSOCIATES
WEST GROUP PAYMENT CENTER
WESTTLEX INDUSTRIAL
WILLY'S ELECTRONIC: SUPPLY
WILLY'S ELECTRONIC SUPPLY
,EST BEST & KRIEGER LI,P
REGIONAL OFFICER TRAINING
BUILDING SEARCHES
MOP 45753 DOG FOOD - PD
07 PROCESS YEAR OFFSET PROGRAM
MOP 63845 PROPERTY RECEIPT
WASTEWATER DIVISION
ANNUAL FEE FOR WASTE DIS REQ
DEPOSIT# 1178 HILLTOP VIEW 8TI 1
LEGAL. NOTICES ADVERTISING
WORKER'S COMP REPLENISHMENT
UPS SHIPMENT - PD
LIABILITY CLAIM COSTS
MOP 446453 DISPOSER, POWER CORD
K9 VET CARE
CELL. PHONES 10/22 - 11/21/08
CONSULTING SERVICES 07/12 -8/14/08 SERVI
GOVERNMENT SERVICES
MOP #63850 SILICONE HEATER HOSE
MOP 45763 COMP SUPPLIES - MIS
MOP #45763 SOLDERS. RING TERMINAL, KIT
LEGAL SERVICES
3 of 4
chk no chk date Amount
224321 12/9/08 256.79
224322 12/9/08 2,500.00
224323 12/9/08 1,124.93
224324 12/9/08 8,974.65
224325 12/9/08 60.00
224326 12/9/08 10.00
224327 12/9/08 318.51
224328 12/9/08 360.06
224329 12/9/08 355.29
224330 12/9/08 228.57
224331 12/9/08 6,577.00
224332 12/9/08 554.60
224333 12/9/08 656.00
224334 12/9/08 52,1 1 1.3 I
224335 12/9/08 393.91
224336 12/9/08 176.84
224337 12/9/08 1,51 1.52
224338 12/9/08 300.92
224339 12/9/08 6,412.61
224340 12/9/08 17, 744.00
224341 12/9/08 1,154.18
224342 12/9/08 320.44
224343 12/9/08 776.09
224344 12/9/08 187.39
224345 12/9/08 526.80
3
4 of 4
r/'
WARRANT REGISTER # 24
12/9/2008
Payee Description chk no chk date Amount
BUSTAMANI E & ASSOC ('ONSI;LTING SERVICES DEC 2008 224346 12/9/08 6,000.00
D MAX ENGINEERING INC MARINA GATEWAY PROJECT 224347 12/9/08 1,847.50
DEI.A CUADRA PSI CONFERI;NC:E EXP REIMB 224348 12/9/08 400.04
GEOSYNTEC CONSULTANTS EDUCATIONAL VILLAGE PROJECT 224349 12/9/08 2,907.89
MAYER HOFFMAN MCCANN P.C. THIRD BILLING -ANNUAL AUDIT OF CNC 224350 12/9/08 1,000.00
OLSON REIMB FOR SUNTONE BADGE 224351 12/9/08 109.75
PRUDENTIAL OVERALL SUPPLY MOP 45742 UNIFORMS -NEIGHBORHOOD 224352 12/9/08 18.42
XEROX CORPORATION S8 LEASE FOR NOV 2008 224353 12/9/08 439.19
Total $ 599,310.05
(:rand Total
599,310.05
4
Warrant Register # 24
12/9/2008
001 GENERAL FUND 134,299.47
105 PARKS MAINTENANCE FUND 395.58
109 GAS TAXES FUND 15,156.50
115 PARK & REC CAPITAL OUTLAY FUND 2,587.50
120 PLAN CHECKING REVOLVING FUND 9,778.37
125 SEWER SERVICE FUND 7,958.86
131 ASSET FORFEITURE FUND 363.37
166 NUTRITION 113.34
211 SECURITY AND ALARM REGULATION FUND 2,500.00
282 REIMBURSABLE GRANTS CITYWIDE 19,226.95
294 HUD HEALTHY HOMES GRANT 17,108.78
301 GRANT-C.D.B.G. 569.50
307 PROPOSITION A" FUND 24,024.00
502 SECTION 8 FUND 439.19
505 HOME FUND 723.50
511 TAX INCREMENT FUND 274,737.56
522 LOW/MODERATE HOUSING FUND 22.00
626 FACILITIES MAINT FUND 2,891.72
627 LIABILITY INS. FUND 52,288.15
628 GENERAL SERVICES FUND 847.67
629 INFORMATION SYSTEMS MAINTENANC 9,968.20
630 OFFICE EQUIPMENT DEPRECIATION 3,134.05
631 TELECOMMUNICATIONS REVOLVING 12,648.96
632 GENERAL ACCOUNTING SERVICES 1,685.93
643 MOTOR VEHICLE SVC FUND 5,286.30
726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 554.60
Total 599,310.05
City of National City, California
COUNCIL AGENDA STATEMENT
`41VIEETING DATE January 6, 2009
AGENDA ITEM NO. 12
(ITEM TITLE PUBLIC HEARING — Fiscal Year 2009-2010 Funding Cycle for the CDBG AND HOME
PROGRAMS
The purpose of Public Hearing #1 is to review community needs, discuss eligible activities for both
the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME)
Programs, and solicit public comments and input regarding the use of these funds.
PREPARED BY
EXPLANATION
Carlos Aguirre
(Ext. 4391)
DEPARTMENT Grants and Housing Department
Each year the City completes an extensive public participation process to review and approve various
programs and projects eligible for CDBG and HOME program funds. Public Hearing #1 is the first of four
public hearings to solicit meaningful community involvement and input in the development of the
City's Fiscal Year (FY) 2009-2010 Annual Action Plan.
The City Council and Housing and Community Development Committee (HCDC) will consider the
strategic goals and objectives identified in the City's 5-Year Consolidated Plan (2005-10) approved in
May 2005 and the strategic objectives identified in the recently developed and approved Community
Development Commission Five -Year Strategic Plan. In addition, the Council and the HCDC will
review and consider input collected via the City's Neighborhood Council Program. Each of these
planning tools will be utilized for establishing the City's funding priorities for FY 2009-2010.
Environmental Review Ni N/A
Financial Statement
Estimated amount of the HUD entitlements for FY 2009-2010:
Community Development Block Grant - $1,135,000
Home Investment Partnership Program - $593,000
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Conduct a public hearing to solicit public input regarding the housing and community development
needs.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: FY 2009-2010 CDBG/HOME Timeline
Attachment 2: Public Notice
Attachment 3: 5-Year Consolidated Plan Summary
A-200 (9/99)
PUBLIC NOTICE
CITY OF NATIONAL CITY
PUBLIC HEARINGS FOR FISCAL YEAR (FY) 2009-2010
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDING
Notice is hereby given that the City of National City Council and the Housing and Community
Development Committee (HCDC) will hold four (4) Public Hearings:
➢ PUBLIC HEARING #1 — Tuesday, January 6, 2009 at 6:00 p.m.
The purpose is to review community needs, discuss eligible activities for both the CDBG
and HOME Programs, and solicit public comments and input regarding the use of these
funds.
➢ PUBLIC HEARING #2 — Tuesday, March 3, 2009 at 6:00 p.m.
The purpose is to hear presentations from agencies that have submitted applications for
CDBG and/or HOME Program funding.
➢ PUBLIC HEARING #3 — Tuesday, March 17, 2009 at 6:00 p.m.
The purpose is for the Council and HCDC to discuss their funding recommendations and for
the Council to formulate their funding recommendations for the FY 2009-2010 CDBG and
HOME Program Funds.
➢ PUBLIC HEARING #4 — Tuesday, April 21, 2009 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 2009-2010 CDBG &
HOME Program funding recommendations (Annual Action Plan).
The estimated amount of funding available for FY 2009-2010 for each program is as follows:
➢ Community Development Block Grant - $1,135,000
➢ Home Investment Partnership Program - $593,000
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 Grant and Housing Department 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, Ilame al (619) 336-4563.
Chris Zapata, City Manager
City of National City
Publish: The Union Tribune
Dates: December 22, 2008
Attachment 1:
FY 2009-2010 CDBG/HOME Timeline
CDBG AND HOME PROGRAM
GRANT FUNDING CYCLE TIMELINE FOR
FISCAL YEAR 2009-2010
January 5, 2009 (Monday):
FY 2009-10 CDBG/HOME Grant Funding
Applications Available for Distribution
City Hall Clerks Office or
Finance Department Counter
January 6, 2009 (Tuesday):
City Council Public Hearing #1-
Community Needs Public Hearing
6pm City Hall Council Chambers
January 12, 2009 (Monday):
CDBG/HOME Technical Assistance
Mini -Workshop for Grant Applicants
10am City Hall - Large Conference Room
February 9, 2009 (Monday):
Application Submission Deadline
Due by 2:OOpm at the City Clerks Office or at the
Finance Department Counter
February 19, 2009 (Thursday):
Distribution of CDBG/HOME Grant Application
Booklets to the City Council and HCDC
March 3, 2009 (Tuesday):
City Council and HCDC Public Hearing #2 -
CDBG/HOME Program Applicant Presentations
6pm City Hall Council Chambers
March 9, 2009 (Monday):
HCDC Applicant Funding Recommendations
Meeting for Council Consideration
5pm City Hall Small Conference Room
March 12, 2009 (Thursday):
HCDC Funding Recommendations for City Council
Review/Consideration
(Provided via Memorandum)
March 17, 2009 (Tuesday):
City Council Public Hearing #3 -
Applicant Grant Funding Recommendations
(Decision Making Meeting)
6pm City Hall Council Chambers
March 19, 2009 to April 20, 2009
30-Day Public Review & Comment Period
For the Proposed FY 2009-10 Annual Action Plan
April 21, 2009 (Tuesday):
City Council Final Public Hearing #4 -
To Approval of the FY 2009-10
Annual Action Plan
6pm City Hall Council Chambers
May 13, 2009 (Wednesday):
Submission of the FY 2009-2010
Annual Action Plan to HUD
410
ATTACHMENT 3:
5-YEAR CONSOLIDATED PLAN SUMMARY
OVERVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS
The City of National City receives Community Development Block Grant (CDBG) and
Home Investment Partnership Act (HOME) program funds, as a direct entitlement
from the U. S. Department of Housing and Urban Development (HUD). The CDBG
and HOME programs are primarily designed to assist low- to moderate -income
households by providing affordable housing, revitalizing neighborhoods, and by
creating employment opportunities through economic development.
In order for National City to qualify for its CDBG and HOME entitlement funding, it
must comply with an array of statutory and regulatory requirements, such as the
development of the: Five -Year Consolidated Plan (Con -Plan), Analysis of
Impediments (AI) to Fair Housing Choice, Annual Action Plan (AAP), and
Consolidated Annual Performance and Evaluation Report (CAPER). Provided below
is a summary of the information provided in each report.
FIVE-YEAR CONSOLIDATED PLAN (CON -PLAN)
The Con -Plan prepared in the spring of 2005 was developed in accordance with
Sections 91.100 through 91.230 of HUD's Consolidated Plan regulations; and it was
designed consistent with the City's General Plan, particularly the Housing Element.
In addition, the Con -Plan was developed with an extensive consultation process
that involved community stakeholders, housing and service providers, community
leaders, city departments, and National City residents.
National City's Con -Plan for fiscal years 2005/06 through FY 2009/10, identifies
city -specific housing and community development needs. TABLE A - FIVE-YEAR
CONSOLIDATED PLAN SUMMARY, on pages iii to vi, provides a summary of the
Con -Plan goals and objectives. In addition, TABLE B - FIVE-YEAR CONSOLIDATED
PLAN SUMMARY FOR CDBG & HOME FUNDS provided on page vii, identifies the
specific goals and objectives to be pursued with CDBG and HOME program funds.
ANALYSIS OF IMPEDIMENTS (AI) TO FAIR HOUSING CHOICE
In addition to the development of a Con -Plan, HUD requires that jurisdictions
receiving CDBG and HOME program funding take actions to affirmatively further fair
housing choices. Jurisdictions must report on such activities by completing an AI
every three to five years, in alignment with the Con -Plan schedule. In general, the
AI is a review of the impediments to fair housing choice in both the public and
private sectors. The City of National City participated in the San Diego Regional
Analysis of Impediments to Fair Housing Choice, prepared by
Cotton/Bridges/Associates in February of 2005.
Attachment 3:
5-Year Consolidated Plan Summary
ANNUAL ACTION PLAN (AAP)
The purpose of the AAP is to review and update those assessments presented in the
Con -Plan; to inventory resources that will be available during a given program year
(fiscal year); and to identify the specific actions that will be taken in that program
year to meet the city's housing and community development needs, and to
implement the strategies set forth in the Con -Plan. National City's AAP's are
submitted to HUD annually, prior to May 15th.
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER)
At the close of each program year (fiscal year), the city is required to submit a
CAPER to HUD by September 30th. This report illustrates the actual
accomplishments achieved during the program year. The CAPER allows HUD, local
officials, and citizens to assess the use of available resources and to assess the
efforts made towards achieving the goals and objectives identified in the Con -Plan,
AI, and the AAP.
PUBLIC PARTICIPATION PROCESS
An integral component in the development of the Con -Plan, AI, AAP, and the CAPER
reports is public participation. Included in the Con -Plan, is the City's Public
Participation Plan, which outlines the measures taken to facilitate public
participation. The Public Participation Plan provides residents and community
stakeholders with numerous opportunities to participate at various phases in the
development of these planning documents. Public hearings and public meetings are
conducted with the City's Housing and Community Development Commission
(HCDC) and/or before the City Council to gather input from residents, community
stakeholders, and city departments. The HCDC is a citizen committee appointed by
the City Council to oversee the annual grant application process, and to facilitate
valuable public participation in the CDBG and HOME funding process. The HCDC
conducts public hearings and meetings, reviews funding requests, and makes
funding recommendations to the City Council. The dedicated efforts of the HCDC
ensure that community needs are identified, carefully considered, and are properly
addressed.
Attachment 3:
5-Year Consolidated Plan Summary
ii
TABLE A - FIVE-YEAR CONSOLIDATED PLAN SUMMARY
FIVE-YEAR CONSOLIDATED PLAN
STRATEGIC HOUSING (H) PLAN
PRIORITIES AND OBJECTIVES
FISCAL YEARS 2005/06 THROUGH 2009/10
Priority H-1:
Preservation and Maintenance of Existing Housing
Objective 1: Code Enforcement
Five -Year Objectives: Using General funds the Planning and Building and Safety Departments will
enforce all codes at the current rate:
a. Planning and Zoning - Inspect 13,000 housing units and abate approximately 5,500 cases
over the five-year period.
b. Building and Safety/Uninhabitable Building - Abate approximately 100 cases and inspect
500 housing units over the five-year period.
c. Housing Inspection - Inspect 2,500 housing units and abate approximately 250 cases over
the five-year period.
Objective 2: "Christmas in July" Community Volunteer Program
Five -Year Objectives: Using HOME funds, the Community Development Commission (CDC) will
support the rehabilitation/repair of 75 houses or 15 houses annually.
Objective 3: Apartment Management
Five -Year Objectives: The City, using General funds will continue to pursue enforcement requiring
on -site management in complexes of nine or more units.
Priority H-2:
Housing Assistance
Objective 1: Conservation of Affordable Units at Risk of Converting to Market Rate
Five -Year Objectives: Using Section 8 funding, the CDC will conserve the 614 units at -risk of
converting to market rate. Annually review the status of Granger Apartments, Inter City Manor and
Plaza Manor. Identify nonprofit organizations as potential purchasers/managers of at -risk housing
units. Explore funding sources available to preserve the affordability of at -risk projects, or to
construct replacement units. Assist tenants to apply for priority status on the Section 8
voucher/certificate programs should a conversion take place.
Objective 2: Section 8 Rental Assistance Program
Five -Year Objectives: Using Section 8 funds, continue to provide 300 units of Section 8 project -
based affordable housing at Morgan -Kimball Towers, 372 units at Plaza Manor, 79 at Inter City
Manor, 163 at Granger Apartments and 76 at TELACU. Maintain the level of tenant -based Section 8
assistance and pursue additional allocation of Section 8 vouchers (1,044).
Objective 3: First -Time Homebuvers Assistance Program
Five -Year Objectives: Provide assistance to 25 households over the next five years, with distribution
of funds per the following; approximately 60 percent to low-income households (HOME funds), and
40 percent to moderate -income households (Redevelopment Set Aside funds).
Attachment 3:
5-Year Consolidated Plan Summary
FIVE-YEAR CONSOLIDATED PLAN
STRATEGIC HOUSING PLAN (continued)
PRIORITIES AND OBJECTIVES
FISCAL YEARS 2005/06 THROUGH 2009/10
Priority H-3:
Housing Production
Objective 1: GIS Database
Five -Year Objectives: Using General funds, the Planning Department will maintain and keep the GIS
database current in order to provide specific development information and market infill housing to
interested developers.
Objective 2: Community Housing Development Organizations (_CHDOs)
Five -Year Objectives: On an annual basis through the Consolidated Plan One Year Action Plan
Process, the CDC will identify and provide funding to CHDOs in order to pursue additional affordable
housing projects. Provide funding to support CHDOs in building administrative capacity.
Objective 3: Acquisition, Rehabilitation. and New Construction of Affordable Housing
Five -Year Objectives: The CDC will identify and pursue the rehabilitation and/or construction of 50
affordable housing units over the five year period. Allocate HOME funds annually through the
Consolidated Planning process. Allocate Redevelopment Set -Aside funds through the five year
Redevelopment Implementation Planning process. Ongoing pursuit of affordable housing projects.
Objective 4: Density Bonuses
Five -Year Objectives: The developer shall agree to and the City shall ensure continued affordability
of all lower income units for a minimum 45-year period. In 2002, the City of National City
developed an ordinance in compliance with State law to offer density bonuses for the development
of lower income and senior housing.
Obiective 5: Communicate Production Priorities to Prospective Developers
Five -Year Objectives: Specific actions to be taken by the Planning Department over the next five
years may include:
a. Update "National City Facts," a Planning Department -prepared brochure that provides
information for the development community on land use and development trends in the
City, available services and resources, and social and economic characteristics of the City.
b. Prepare reports as needed to respond to changes in development activity or to inquiries
from developers and others concerning potential development sites.
c. Maintain the City's computerized land use inventory to provide updated information
regarding the location of vacant properties, by parcel size, zoning and existing land use.
d. Present to business and civic groups concerning land use and development potential in the
City.
e. Participate in informational meetings with the Building Industry Association, Urban Land
Institute, American Planning Association, and the National City Chamber of Commerce,
among others.
Objective 6: Implementation of Housing Element Annual Report
Five -Year Objectives: The Planning Department will submit an annual Housing Element Report to
the State HCD to ensure local emphasis in meeting the goals of this Housing Element and propose
policy changes to correct non -achievement, if necessary
Objective 7: Conversion of Commercially and Industrially -Zoned Land to Residential or
Mixed -Use Zoning
Five -Year Objectives: The Planning Department will convert certain commercially -and industrially -
zoned parcels to residential or mixed -use zoning in response to development proposals.
Objective 8: Feasibility Study of Use of Eminent Domain in Redevelopment Proiect Area
Five -Year Objectives: The Community Development Commission will study the feasibility of allowing
the use of eminent domain for redevelopment of housing in the Redevelopment Project Area by the
end of fiscal year 2005.
Attachment 3:
5-Year Consolidated Plan Summary
iv
FIVE-YEAR CONSOLIDATED PLAN
STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN
PRIORITIES AND OBJECTIVES
FISCAL YEARS 2005/06 THROUGH 2009/10
Priority CD-1:
Expand Economic Develo • ment and Employment Opportunities
Objective 1: Redevelopment Activities
Five -Year Objectives: Using Redevelopment Funds, the Community Development Commission
(CDC) will continue to implement redevelopment activities to upgrade the business environment in
National City. Redevelopment activities are likely to include: street and sidewalk improvements;
code enforcement; and commercial/industrial infrastructure development.
Objective 2: Technical Assistance Center
Five -Year Objectives: Through Redevelopment Tax Increment funds, the Technical Assistance
Center will provide service to 100 businesses over the next five years.
Objective 3: Business Retention Activities
Five -Year Objectives: Through the use of Redevelopment funds, the CDC will provide business
retention services to 25 businesses over a period of five years.
Objective 4: Micro -Loan Program
Five -Year Objectives: Consider the pursuit of packaging 40+ micro -loans to small businesses over
the next five years.
Objective 5: Facade Program
Five -Year Objectives: The Facade Program will complete over 50 storefronts over the next five
years.
Objective 6: Merchant Organizations (Business Associations)
Five -Year Objectives: Create three merchant associations over a five-year period.
Priority CD-2:
•
Improve and Provide Public and Community Facilities, and Make Necessary Infrastructure
Impro ements.to Serve. Low and -Moderate Income Persons
Objective 1: Capital Improvement Plan
Five -Year Objectives: The CDC, Department of Public Works and the Parks and Recreation
Department (now a section within the Community Services Department) will complete and
implement a yearly Capital Improvement Plan to address infrastructure, ADA improvements and
parks and recreational facility needs and funding.
Objective 2: Community Facilities
Five -Year Objectives: The CDC, Community Services Department, Building and Safety, and
Engineering and Parks and Recreation Department will continue to use the Consolidated Plan Annual
Action Plan process to identify and prioritize community facility projects for funding.
Attachment 3:
5-Year Consolidated Plan Summary
FIVE-YEAR CONSOLIDATED PLAN
STRATEGIC COMMUNITY DEVELOPMENT PLAN (continued)
PRIORITIES AND OBJECTIVES
FISCAL YEARS 2005/06 THROUGH 2009/10
Priority CD-3:
Provide Needed Public and Community Services for Low and Moderate Income Persons
and those with Special Needs
Objective 1: Compliance with Fair Housing Requirements of Community Development
Block Grant (CDBG) and HOME Programs
Five -Year Objectives: The CDC will continue to implement actions to address fair housing issues
through the CDBG and HOME -funded activities.
Objective 2: Continue Cooperation and Support of Fair Housing Counseling and
Enforcement Organizations
Five -Year Objectives: Through the use of CDBG and Section 8 funds, the CDC and FHCSD will
continue to ensure open, fair housing practices and that sufficient resources are made available to
assure informed housing consumers and suppliers. Annually evaluate the services provided by the
fair housing counseling and enforcement organizations to ensure adequate and appropriate services
are provided, and revise contracts as appropriate.
Objective 3: Fair Housing Training
Five -Year Objectives: In new projects with 10 units or more, the CDC and FHCSD will encourage
the training of staff in fair housing administration.
Objective 4: Youth Services
Five -Year Objectives: The CDC, school districts and non-profit organizations will use the
Consolidated Plan Annual Action Plan process to evaluate the potential use of CDBG funds to provide
and improve services and facilities for youth and families in National City.
Objective 5: Senior Services
Five -Year Objectives: The CDC will use the Consolidated Plan Annual Action Plan process to
evaluate the potential use of CDBG funds to provide and improve services and facilities for seniors
in National City.
Objective 6: Community and Special Needs Services
Five -Year Objectives: The Community Development Commission and non-profit organizations will
use the Consolidated Plan Annual Action Plan process to evaluate the potential use of CDBG funds to
provide and improve community and special needs services.
Objective 7: Planning and Administration
Five -Year Objectives: The CDC/City will continue to implement the housing and Community
Development programs and comply with all planning and reporting requirements of CDBG and
HOME regulations. The CDC/City will review the implementation of the Consolidated Plan programs
and objectives and update the Action Plan annually.
Attachment 3:
5-Year Consolidated Plan Summary
vi
TABLE B - FIVE-YEAR CONSOLIDATED PLAN SUMMARY FOR CDBG & HOME FUNDS
SUMMARY OF THE FIVE YEAR CONSOLIDATED PLAN*
(FISCAL YEARS 2005/06 THROUGH 2009/10)
UANTIFIED OBJECTIVES FOR THE USE OF CDBG & HOME PROGRAM FUNDS
SPECIFIC HOMELESS AND SPECIAL NEEDS POPULATIONS
OBJECTIVES TO BE FUNDED WITH CDBG FUNDS
NEEDS CATEGORY
SPECIFIC OBJECTIVES
Homeless
Provide services to 1,900 people annually through shelter
programs, supportive housing grants, and other related
services.
Elderly / Disabled
Assist 1,260 elderly/disabled annually residents through the
support of various programs and senior/disabled facilities.
SPECIFIC HOUSING OBJECTIVES
TO BE FUNDED WITH CDBG AND HOME FUNDS
NEEDS CATEGORY
SPECIFIC OBJECTIVES
Owner
Households
Assist 10 first-time homebuyers (households) annually.
Owner
Households
Assist 25 owner households with Home Improvement loans
annually.
Lower -Income Elderly
Households
Rehabilitate 15 homes (households) annually.
Renter Households
Rehabilitate 5 rental units annually.
SPECIFIC COMMUNITY DEVELOPMENT OBJECTIVES
TO BE FUNDED WITH COBG FUNDS
NEEDS CATEGORY
SPECIFIC OBJECTIVES
Youth
Assist in providing after school activities to 8,000 youth
annually.
Youth
Assist in the provision of recreational activities for
approximately 750 youth annually.
Child Care Services
Assist in providing child care assistance to approximately 120
persons annually.
Fair Housing Services
Assist in providing fair housing services to 95 persons annually.
* As illustrated in the city's 5-year Con -Plan for program years 2005/06-2009/10, pages,
84-85.
Attachment 3:
5-Year Consolidated Plan Summary
vii
City of National City, California FIRST
CITY COUNCIL AGENDA STATEMENT READING
�r..IEETING DATE January 6, 2009
AGENDA ITEM NO.
13
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 "DISPENSING WITH
MEETINGS" BY PROVIDING GREATER SPECIFICITY TO THE PROVISION THAT THE CITY COUNCIL DOES
NOT MEET ON AN ELECTION DAY WHEN A CANDIDATE FOR A NATIONAL CITY OFFICE OR A NATIONAL
CITY MEASURE APPEARS ON THE BALLOT
PREPARED BY Claudia G. Silva
(Ext. 4222)
EXPLANATION
DEPARTMENT City Attorney
This ordinance clarifies the City's long-standing practice of dispensing with Council meetings when they
fall on a holiday or on an election day when a candidate for a National City office or a National City
measure is on the ballot.
Environmental Review I N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Introduce Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Proposed Ordinance
A-200 (9/99)
ORDINANCE NO. 2009 —
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 WHEN A
CANDIDATE FOR A NATIONAL CITY OFFICE OR A
NATIONAL CITY MEASURE APPEARS ON THE BALLOT
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, when a candidate for National City office or a
National 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 , 2009.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
1EETING DATE
City of National City, California SECOND READING
COUNCIL AGENDA STATEMENT
January 6, 2009 AGENDA ITEM NO.
14
ITEM TITLE AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY
COUNCIL BY MAINTAINING SAID COMPENSATION AT ITS CURRENT LEVEL, ESTABLISHED IN
2003, AND APPROVING THE PAYMENT OF TWO PERCENT OF THEIR PERS CONTRIBUTION FROM
THEIR RESPECTIVE SALARIES
PREPARED BY
George H. Eiser, III
(Ext. 4221)
DEPARTMENT
City Attorney
EXPLANATION
At the December 2 City Council meeting, the Council determined to maintain the compensation of
the Mayor and City Council at its current, 2003 level.
The Council also determined to pay two -percent of their PERS contribution from their respective
salaries.
The proposed ordinance would implement these actions.
Environmental Review I N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Proposed Ordinance
A-200 (9/99)
ORDINANCE NO. 2009 — 2315
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHING THE COMPENSATION OF
THE MAYOR AND THE CITY COUNCIL,
BY MAINTAINING SAID COMPENSATION AT
ITS CURRENT LEVEL, ESTABLISHED IN 2003, AND
APPROVING THE PAYMENT OF TWO PERCENT
OF THEIR PERS CONTRIBUTION FROM
THEIR RESPECTIVE SALARIES
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 shall
remain its current level, established in 2003, of $909.20 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 shall remain at
its current level, established in 2003, of $3,463.30 per month, pursuant to the provisions of
Section 36516.1 of the Government Code.
Section 3. That the benefits for the Mayor and City Council shall remain as
set forth in the attached Exhibit "A", which is incorporated herein by reference.
Section 4. That two percent of the Mayor and City Council's PERS
contribution shall be paid from their respective salaries.
PASSED and ADOPTED this 6th day of January, 2009.
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 6% of 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"
NftspnVIEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
January 6, 2009 AGENDA ITEM NO.
15
ITEM TITLE TEMPORARY USE PERMIT — Westfield Plaza Bonita Carnival sponsored by Christiansen
Amusements from January 23 — February 1, 2009 at the Plaza Bonita mall.
PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services
EXPLANATION
This is a request from Christiansen Amusements to conduct the Plaza Bonita Carnival at Plaza Bonita Mall
from January 23 to February 1, 2009. Set up for the event will commence at 8:00 a.m. on January 19,
2009. The daily showtimes are as follows:
Mon-Thurs. 5 p.m. to 10 p.m.
Friday 5 p.m. to 11 p.m.
Saturday 1 p.m. to 11 p.m.
Sunday 1 p.m. to 10 p.m.
The event will be dismantled on February 2, 2009 at 8 p.m.
This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provides
affordable, safe entertainment for our community. Security is ensured with a fenced perimeter and hired
Security Guard services.
Environmental Review X N/A
Financial Statement Approved By:
The City has incurred $237.00 for processing the TUP, plus $349.00 Finance Director
for the Fire Permit(s). Finance is asking for a $2,500.00 Bond and a $50.00
Inspection fee.
Total fees: $636.00 plus $2,500.00 Bond.
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: TabarChristiansen Amusements
EVENT: Westfield Plaza Bonita Carnival
DATE OF EVENT: January 23 to February 1, 2009
TIME OF EVENT: 1:30 p.m. —9:30 p.m.
APPROVALS:.
PLANNING
COMMUNITY SERVICES
RISK MANAGER
ENGINEERING
PUBLIC WORKS
FINANCE
FIRE
COMMUNITY SERVICE
POLICE
NEIGHBORHOOD SERVICES
CiTY ATTORNEY
YES [ x
YES [x]
YES [ x ]
YES [x]
YES [x]
YES [ x ]
YES [ x ]
YES [x]
YES [ x ]
YES [x]
YES [x]
NO [
NO [
NO [
NO
NO [
NO [
NO [
NO [
NO [
NO [
NO [
SEE C'ONDiI'IONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE C'ONI)ITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
CONDITIONS OF APPROVAL:
FINANCE (b 19) 336-4330
* Carnivals & Circuses (includes Pumpkin Station -rides) *
A $2,500.00 Bond and a $50 Inspection Fee are required for a Carnival or Circus,
which has to he paid at least two weeks prior to the start date of the event.
A Business License is required if monies are solicited, admission fee is charged,
or if food, beverages and merchandise are sold. The organization holding this
event and each vendor present at this event must have a separate business license.
Vendors currently licensed by the City may operate under their existing license.
A list of all participating vendors (with their address, phone number, and current
National City business license number) is to he provided to the Revenue &
Recovery Division of the Finance Department two weeks prior to the event for
verification of business licenses.
If any of the vendors or organizations is registered not -fir -profit, there will he no
charge for a business license. Ilowever, a business license certificate must be
obtained from the City Revenue & Recovery Division, Business License Section.
x
x
(Note: a clearance fee does apply to Non-profit organizations located in National
City that submit an initial business license application.)
FIRE (619) 336-4550
Stipulations required by the Fire Department for this event arc as follows:
1) Access to the carnival to be maintained at all times.
2) Fire Department access into and through the booth areas are to be
maintained at all times. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13 feet 6 inches
3) Exit signs shall be provided at all required exits.
4) Fire Hydrants shall not be blocked or obstructed.
5) Participants on foot arc to move immediately to the sidewalk upon
approach of emergency vehicle(s).
6) Vehicles in roadway are to move immediately to the right upon approach
of emergency vehicle(s).
7) If tents or canopies are used, tents having an area in excess of 200 square
feet and or canopies in excess of 400 square feet or multiple tents and or
canopies placed together equaling or greater than the above stated areas,
are to be used, they shall be flame-retardant treated with an approved State
Fire Marshal seal attached. A ten feet separation distance must be
maintained between tents and canopies. A permit from the Fire
Department must he obtained. Cooking shall not be 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:
0 - 400 sf - $0
401 - 500 sf - $250.00
501 -- 600 sf - $300.00
601 -- 700 sf - $400.00
I ents:
0 -200 sf - $200.00
201 -- (--) sf - $400.00
8) Concession stands utilized for cooking shall have a minimum of 10 feet of
clearance on two sides and shall not be located within 10 feet of
amusement rides or devices
9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used
in cooking a 40:BC or class "K" fire extinguisher will he required. All fire
extinguishers to have a current State Fire Marshal Tag attached.
10) A fire safety inspection is to be conducted by the Fire Department prior to
operations of the carnival. Inspection to include all rides, cooking area,
game booths, etc.
1 1) Fire Department Permit is required to operate a carnival. Permit fee is five
hundred ($500.00) dollars. Fees can only be waived by the City Council.
12) Minimum $200.00 after hour inspection fee is required for all Fire Safety
Inspections taking place after hours, weekends and holidays.
If you have any questions please feel free to contact me.
PUI31.IC WORKS (619) 336-4580
Public Works Department staff has reviewed the application for subject
Temporary Use Permit (TUP) and recommends approval with no involvement
by Public Works:
Thank you for the opportunity to comment on this ]'UP. Please let me know if
you need any other information.
RISK MANAGFR (619) 336-4370
I've reviewed the application for the proposed repeat use and note that the
event will be held on privately owned property at Plaza Bonita. The
sponsoring organization, Christiansen Amusements, has signed the hold
harmless and indemnification agreement. The liability insurance provided
does cover the entire time Christiansen is onsite, including set up and tear
down, the limits are sufficient and the City is named as an additional insured
pursuant to a separate endorsement. However, no evidence of Workers'
Compensation has been provided. Likewise, no evidence of automobile
liability coverage has been provided, which should he required since carnival
vehicles will be used to transport games, rides and other equipment to and
from the site. Commercial automobile liability insurance with limits of at
least one million dollars ($1,000,000) combined single limits (CSL) is
recommended. The coverage should include owned, non -owned and hired
vehicles ("any auto"). 1 will be happy to discuss these concerns with the
organizer or its insurance agent if there are questions.
Otherwise, I have no objections to the application.
Type of Event:
_ Public Concert
Parade
_ Motion Picture
Event Title:
Fair
_ Demonstration
Grand Opening
Festival
_ Circus _ Block Party
Othere Am) A
Community Event
Wes��Jc� TAZit bon, IA V44
Event Location:3() S PMZ/4 )fr , t/# :/ p'Vi /41101114 i C 71 -5 3
5C� `%t� (4 - e' n e
Event Date(s): From / •-a 3 - 7' to of -/ -C't i Total Anticipated Attendance: ,9`• 4., OO /d ,- -
Month/Day/Year (A /-Partici ants)'
5 /'1 ./) /o/Mi di- T74 ( Spectators)
Actual Event Hours: 5 am/ r/to / / am( P
/ Pin -to dill 5 )--; 1pg ?AO 5,) TN,
Setup/assembly/construction Date: 1-! 1-z! % Start time: 3 a✓►-i
Please describe the scope of your setup/assembly work (specific details): (-A►^r) % r(-(
Veh+L-leS `/Sc� of i/ -c21 ope_r6z
1/013 -/ I; -->I-e,g,rclvco n � - 3 d e f0{t.r .r V- 3
Dismantle Date: 02 - 7 Completion Time: S an
List any street(s) requiring closure as a result of this event. Include street name(s), day and
time of closing and day and time of reopening.
Sponsoring Organization: 2_ k AIY) AM t-1.1, f./Yl elJl S S For Profit
Not -for -Profit
Chief Officer of Organization (Name) 7 ? ryl
Applicant (Name): O.
Address: P a ,62, X �1 � 7 S C . z c\ , c Y> (-A ci,7L'33 - %`) 7
Daytime Phone: (jib ) J-i'5- V2--Evening Phone: ('i 2J'< ,�� 6Fax:(-71 L1) 7 5 - gJ 3
Contact Person "on site" day of the event:14A /��'�'r1 OI c4
Pager/Cellular: 6/5 / . _ 73
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
5
Is your organization a "Tax Exempt, nonprofit" organization? YES .Z NO
Are admission, entry, vendor or participant fees required? YES _ NO
If YES, please explain the purpose and provide amount(s): 1. J9 ,4dfn i S3 ; c
- c U ail o e. Coy 1 �+ a / A .
$ 110, Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ (,tvl k-nOu /i Estimated Expenses for this event.
$ tJ R" What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
YES , NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
YES NO Does the event involve the sale or use of alcoholic beverages?
AYES _ NO Will items or services be sold at the event? If yes, please describe.
�-ooc-1. C ign
_ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
x YES _ NO Does the event involve the use of tents or canopies? If ES: rr�
Number of tent/canopies /5 Sizes 1. is .'506 J7
NOTE: A separate Fire Department permit is required for tents or canopies.
YES 'NO
Will the event involve the use of the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
fr Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
fr Food Concession and/or Food Preparation areas
Please describe how food will be served at the event: n,kW3-(- PrcxiiA<.t-c-; pi ' keA.
(- e errci Ally / olirle.f'5 pre_pA- e-A n AJ
1.)ep T tkh l
If you intend to cook food in the event area please specify the method:
GAS >' ELECTRIC CHARCOAL OTHER (Specify): \
• Portable and/or Permanent Toilet Facilities
Number of portable toilets: If 5 (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
Y 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 covered above
fr Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: Ye - / S Trash containers with lids: `i
Describe your plan for clean-up and removal of waste and garbage during and after the event:
CAr-n►6'A-I Cle_A-nexn :,- f cN, sf -hrnes;
A-J)-1rATA, Co Ii kA. be iore. .P-11A -h4k e,i d iyo ` 1
Please describe your procedures for both Crowd Control and Internal Security:
Job Se", L LA Irk Sex I L� �� LnAf`c1? ,� fY� ("AV
ar
ja-N-( )C-V-> diA I r� r A4 A--) I h()u CS 6 C Op2.rG2-17
YES NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization: CP S, r' LA r 1 � `jam r U i c. c'
Security Organization Address: fp)) - G CP3�4- PA- \ 6-f 5)-
�i'1�iJ A01; CktA-14 V Grq- ci/G/%
Security Director (Name): ,p,rne ` -) p h 1)(1),11 Phone: fO (� /5 `f / 0 3
. YES _ NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the particip nts and spectators:
E Term-Y� � e Ar-C I - I ne)
-1-e-il1 pmt nv 1, �, �� tks c .
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
/=ir �►cl rS )V,►kA 6.e2...
Please describe your Accessibility Plan for access at your evegnt by indivjduals with disabilities:
1 ZIP bon - P k ; n y j 6,1- i S `7e 14. C. 5p/4-e C s rc:re
proJ, 3ec-1 tow) CA-rinl ✓A-t c3, " c' j c,-�cd); 19/e.
Please provide a detailed description of youFRARKING plan:
J
)01S i AV471 big ( {11 Gr41r1i A l e. Aee-`3
Please describe y9ur plan for DISABLED PArtKING:
Ar>np 1 fir s nab (11)14-e. r -} r Ar -r' S /11 � I r'.ci VrC O ttr-1+- Ax1
711 ti r)t4 1 rign 6e, i-'651n ..ct
Please describe your plans to notify all residents, businesses and churches impacted by the
event:
3�kY 1*5 -to P)A-zA- &)(1,- 1-6;1M-k LvhD A-r('
jM ►ew) Al-e me r--i,,
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
YES )(NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages:
Type of Music:
_ YES NO Will sound amplification be used? If YES, please indicate:
Start time:
Number of Bands:
am/pm Finish Time am/pm
YES NO WiII sound checks be conducted prior to the event? If YES, please indicate:
Start time:
am/'pm Finish Time am/pm
Please describe the sound equipment that will be used for your event:
YES )<NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
Event:
For Office Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, 'Director
Budding & Safety Department
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization Ck r l S% Ar15 er1 4rni-tse tvi n +S
Person in Charge of Activity i owl rvi r\
Address 1°0 601c C16f 7, ESC_,onA 1 c\6 GA 3�> -60c) 7
Telephone Woo 7.5,25 Date(s) of Use / /1 1 0c7 - < lI
J
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.
L
Signature of Applicant
Official Title Date
/)-moo-off'
Forlifice Use Only
Certificate of Insurance Approved Date
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
Yes (proceed to Question 2)
XNo (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsoring organization
Type of Organization
(Service Club, Church, Social Service Agency, etc.)
3. Will the event generate net income or proceeds t the sponsoring
organization?
Yes (Please proceed to Question 4)
No (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
la
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)
</3
Signature j/ Date
Carnival
Site
i
Westfield Plaza Bonita Carnival
Jan. 23 - Feb. 1, 2009
Christiansen Amusements
Q'"'a R qo P.O. Box 997, Escondido 92033
(760) 735-8542 Fax (760) 735-8543
info@amusements.com
•
Map
2of2
Christiansen Amusements
P.O. Box 997
Escondido, Ca. 92033-0997
(760) 735-8542
(760) 735-8543 fax
/
/
/
/
R
estr
1omI I
Adult
0
Entrance
/
/
/
/
/
/
/
Emergency Exit
/
/
L
Cg Trader
0
Walk thru 0
Date: Jan. 23 - Feb. 1, 2009
Fri. 5 to 11 pm Mon.
Sat. 1 to 11 pm Tue.
Sun. 1 to 10pm Wed.
Thr.
Generator
Fire Lane - minimum 20'
Fire Lane - minimum 20'
CG
0
Photo
CG
CG
LuTrailer
0
5to 10pm
5to 10pm
5to 10pm
5to 10pm
Food
0
LuG
0
Westfield Plaza Bonita
3030 Plaza Bonita Rd.
National City, Ca. 91950
0 =Fire Exinguisher
CG = Center Game LuG = Line up Game tix = ticket box
LuTrailer= Lineup Trailer CgTrailer = Center Trailer
CG
CG
LuTrailer
0
CG
0
LuTrailer
CG
CG
0
Lu G
0
Generator
N1
Adult
0
0
n
m
Emergency Exit
NMI
0
v
N
Ours 81e41xew is F(/M'
Christiansen Amusements
Westfield Shoppingtown Plaza Bonita
3030 Plaza Bonita Road, National City, CA 91950
January 23 - February 1, 2009
Ride List Game List
1. Gravitron C-10969 Balloon Dart
2. Hurricane C-17378 Bean Bag
3. Kamikaze C-17222 Buoy Toss
4. Scooter C-13577 Cat Punk Rack
5. Sky Diver C-178 Derby Race
6. Tilt -A -Whirl C-175 Ducks
7. Zipper C-4787 Glass Pitch
8. Bumble Bees
9. Go-Gator
10. Hampton Cars
11. llampton Cycles
12. Lady Bugs
13. Merry -Go -Round
14. Slime Time
Non -Mechanical
15. Fun Factory
16. Super Slide
Computer Portrait
Food/Candy Wagon
All rides OSHA approved. Bold C#'s are Major Rides. Electrical system meets NEC code Article 525.
Rides and games limited to availability and subject to change.
C-183 Ili -Striker
C-6636 Long Range Basketball
C-7102 Mini -Basketball
C-7101 One Ball
C-40I6 Rainbow Pitch
C-174 Ring "foss
C-17188 Rope Ladders
Tubs
Water Race
P.O. Box 997, Escondido, CA 92033-0997 • (760) 735-8542 • Fax (760) 735-8543 • www.amusements.com
r
.4CORDIM CERTIFICATE OF
LIABILITY INSURAI, .;E
DATE (MMIDDIYYYY)
11/20/08
PRODUCER Allied Specialty Insurance
85 N.E. Loop 410
Suite 600
San Antonio, TX 78216
`
INSURED
Christiansen Amusements, Inc.
and Southland Shows, Inc.
P. O. Box 997
Escondido, CA 92033
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BYIFIE POLIQIES BELOW
INSURERS AFFORDING COVERAGE NAIC #
INSURER T. H - E . Insurance Company : . .....
'_INSURER B
INSURER C
INSURER D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR IADD'L I POLICY EFFECTIVE POLICY EXPIRATION
]j�IN_yttT TYPE[1F tict IR AUGF POLICY NUMBER DATE/hf iJ.'i]DIYYj r.STF 1AIX/DD'YYl LIMITS
GENERAL LIABIUTY
A X COLIMERCIA,_ GENERA: [AWL' TY
CLAIMS MACE j X OCCUR
!ACH OCCURRI NCI.
M8M:'7314 04/01/03 04/01/ 09 DAMAGE TORyJTEO
: PREM,SLS (La ;,::uror::;)
MED EXP (An) el& Ix-r•Kn'
PERSONA: & ACV INJURY
...._ - i Gf NL RAL l.GGR( G', I is
CENL AGGREGATE LIMIT APPL:FS PER. PROD; :; TS - COMPR)P AGG
iY?+ ICY I I I I.00 ..
AUTOMOBILE UADIIJTY
I
ANY AUTO
ALL CWNEC AUTOS
SCHEDULED AUTOS
: H42E: AU
NOIJ OWVLDA'U:CS
COMBINED:;.NCL E LIMIT
acC:cenl)
f3UJ._Y !N..;;nY
;Per persoo•i
UOD.:Y iN„VR"
IPer amuan
PROPERTY CAMAGE
(Per ac:uslunt)
,s
1,000,000
s 50,0C°
Is
Ic 1,000 '000
10 00L .!CO
?,1000,000
GARAGE LJADIUTY
ANY AUTO
•
AUTO CN'-Y - EA ACCIDD,IT
OTHER THAN
• A01 O ON -
.I_ A ACC. j S
AGG 15
EX CESSNMDREUA LIABIU TY
{ OCCUR I Ci A:MSA.'.t�;:
CEOUCLBLE
I± T1NTICN S
FACIA OCCURRENCE
AG-f. A-L
Is
S
s
WORKERS COMPENSATION AND
EMPLOYERS' UADILUTY
ANY PROPRIF.TOR,VARTNF R/EXECU T iV'_
OFHICERAILMBER EXCLUOF.D->
If yes. 1e5c VDe uncer
PEC!AL PROVISIO`:S;elcw
OTHER
"AL OT,-
: TCftY LIMITS ! ER. .
E I.
S
F. L 0 SEA.SE - FOL:i:Y [MIT
I
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
ADDITIONAL INSURED WITH RESPECTS 'I'O THE OPERATIONS OF THE NAMED INSURED ONLY:
CITY OF NATIONAL CITY AND THE PARKING AUTHORITY OF NATIONAL CITY, ITS
OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS.
FOR THE DATES: LJANUARY 19, 2009 THROUGH FEBRUARY 4,
2009
CERTIFICATE HOLDER
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
"'IONAL CITY, CA 91950
ACORD 25 (2001/08)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 3 C DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL URE TO DO SO SHALL
IMPOSE NO ODUGATTON OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED RF,
1'51-
ACORD CPORATION 1988
POLICY NUMBER: M8MT731 4 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
C cv of National. City and t.:,•2 parking
authoriLv of Natio:'a1 City, its
officials, emplcvice . ay :els and
volunteers.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑
ACORD, CERTIFICA7.. OF LIABILITY INSURANC
CATE (AVNDD/YYYY)
11/20/2008
PRODUCER
Allied Specialty Insurance, Inc.
85 N.E. Loop 410, Suite 600
San Antonio, TX 78216
210-341-1321 • 800-235-3774
‘111111gb
Christiansen Amusements, Inc.
and Southland Shows, Inc.
P.O. Box 997
Escondido, CA 92033
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
i suricn A. T.H.E. Insurance Company
si;uHFi4
I I:V' �tJi1ER C:
INUHGi D:
INSURER E _.._..
NAIC
COVERAGES
THE POLICIES
ANY REQUIREMENT.
MAY PERTAIN,
POLICIES.
VISIT ADO.L
TFI -IN�R•
OF INSURANCE LISTED E3ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWI111STANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE tv1AY BE ISSUED Oil
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCL.USIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY ELAVE BEEN REDUCED BY PAID CLAIMS.
.. --
I EXPIRATION
P • I CPOLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATICtt LIMITS
DATE (MOONY) I. DATEEIMITIMONYI
A
_
' GENERAL LIABILITY I I EACHUCCLi0E(Lt.CE S 1,000,000
X ! COMC,IEHCIALGENFIT I IGb!.ITr ! DASt4i, ( HEN y..: i 50,000
•
,A.0S MALL 'X Ui:cu LIED EXT.' (A.,y :.cc r::,au'; ...
M8MT7314 4/1/2008 4/1/2009 11-P,SO%AL s AM; !NAM, , 1.000:000
c ":E t i ;;rc 5 10,000,000
GLNL AGGHEGA I E LIRAT API': I E 1.: i•Eii I_ ,FO0JCT, COI4 OT/GG $ 1,000.000
.--I—... _ .. ....- . ._ _.
POUCY I I f CT 1 I.Oi- : I
'
I
I AUTOMOBILE LIABILITY
1 ANY AUTO i
i
ALL OWNED ADIOS
I j
I 1 SCHEDULED
i HMLU AUroS
1 NON OWNED AU r(is
. y __._-_.. .. _ ..__ ..
_ I (F t if::: nl)
I
I BULIL. Y IF.JUri/
tPCr�::� I
of
_
BODILY a<JUfi'
(PCr:,cc:cI. S
: PRCPEHIY CA'.L•.GE
1 GARAGE LIABILITY ' AUTO or.; r Ft, :;:IUL'iT S.
ANY A010 0110.11 THAN � .•�, . S . . .
-_ . AUTO L, .. .,,., . .
A
1 EXCESS:UMBRELLA LIABILITY i FAC11 GC CU HFI1 .`ICE i 1,000,000
' X OCCUR 1 1 CLAI?s.; F:.,nr AL113REcAn. S 1:000,000
M8XT7315 4/1/2003 4/1/2009
1 DEDUCTI 11F Each Occui,ence ; 3,000,000
RET[1'U0N , M8XT7316 ; 4/1/2008 4/1/2009 ;Aggregate ;. 3,000,000 _
ID WORKERS COMPENSATION A
EMPLOYERS' L'ABILJTY
ANY PROPRIE TO'PA.RTNLH,EXECUr:V_
IL
CS FICER:.1E MBEi'. ExCI.UCEU'•
:F yes sit xaDe unJu:
SPECIAI. PROVISIONS r.ao'a'
WC Art)lulu
I. TGP I.-: 11: __LII __.. .
i L _ 11 E, Ipi Nt S
,.. __ . _ - _. .. .. .. ._
! U Y '
E I i)15c A:;E .: EFL!'1:1 E:. S
'
I r. L nli$E.:)L Poilc': t I00 j
OTHER
' I
I
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Additional Insured with respects to the operations of the named insured only: Plaza Bonita, LP, Westfield America Limited Partnership,
Westfield, LLC, and any and all of their respective parents, partners, subsidiaries, affiliates, employees, agents, officers and
representatives, together with any mortgagee from time to time of the Landlord's interest, are named as an additional insured, as
their interest may appear.
CERTIFICATE HOLDER
CANCELLATION
Plaza Bonita, LP
a Delaware Limited Partnership
3030 Plaza Bonita Road #2075
National City, CA 91950
ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES E1E CAucrt i.ED BBEIOPE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO Matt_ 30__ DAYS 1VIiITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRE
D CORPt?TCATION 1988
Yq
Ours &W1X444 id Et/Alt'
CIHRISTIANSEN AMUSEMENTS
Westfield Plaza Bonita
3030 Plaza Bonita Road, National City, CA 91950
Plaza Bonita Carnival Dates: Jan. 23 — Feb. 1, 2009
Fri. 1/23 & 1/30 5 pm to 11 pm Sat. 1 /24 & 1/31 1 pm to I l pm
Sun. 1/25 & 2/1 1 pm to 10 pm Mon. - Thr. 1/26-29 5 pm to 10 pm
Christiansen Amusements has held family carnivals at various Westfield shopping centers throughout
Southern California since 2001. We annually conduct safe and successful events and this request for 2009 is
the same as our event in February 2008.
This carnival event is targeted to reach the local community families surrounding Plaza Bonita and
provide affordable, safe entertainment for the community and Plaza Bonita customers.
Following is a list of rides and games. Not all of the rides and games will be used_ The number
selected depends on availability and is subject to change. See the attached plot plan and list for details.
A) Rides: Adult Rides: Sky Diver, Zipper, hurricane, Scrambler, "Tilt -A -Whirl, (iravitron, Bumper Cars
Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-(iator, Lady Bugs, Bumble Bees, Tea Party
Non -mechanical: Fun Factory, Slide, Computer Portrait.
B) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini -
Basketball, Long Range Basketball, Hi -Striker, Ring Toss, Stop Sign, others.
Christiansen Amusements has made standard policy for these events the following elements which help
make for a safe, enjoyable event for all who attend:
1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the
only way into the carnival. This prevents random, uncontrolled access to and from the event.
2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate
and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are
instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards
patrol the grounds of the carnival throughout all open hours to insure safe and proper activity.
Christiansen Amusements also has staff and supervisors that serve a security and control function.
One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance
are usually limited to a few hundred people at a time and a few thousand people total over the 10-day event.
"This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and
parking and traffic flow are easily monitored and controlled especially with existing center traffic patterns.
One new element in the 2008 conditions by the National City Police Department which we will again
comply with is to `notify the residents in the Bonita area occupying the hill directly east of the Mall and
those residents east of the Mall along Sweetwater Road (Putter Dr., Biggs Ct. & Fairlomas Rd. residents
were notified). A sample of this year's letter and coupon event flyer is attached with this TUP application.
Christiansen Amusements believes safety is the single most important element we must provide at our
carnivals and we address the issue seriously, professionally and effectively. We will take every precaution
necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone and to fully comply with
all conditions of approval for the TUP. Thank you.
P.O. Box 997, Escondido, CA 92033-0997 • (760) 735-8542 • Fax (760) 735-8543 • www.amusements.com
r
ti..
rjestflef[
Plaza Bonita
November 18, 2008
ATTN: City of National City
Neighborhood Services Division
National City, CA 91950-4301
RE:
Attn:
Temporary Use Permit
Christiansen Amusements
Armando Vergara
3030 flan Bonita Road
#2075
National City, CA 91950
7 619.267.2350
F 619.472.5652
This letter serves as official authorization for Christiansen Amusements to hold a
Carnival in Lot #7 of Westfield Plaza Bonita property located at 3030 Plaza Bonita Road,
National City, CA 91950 in January of 2009.
Christiansen Amusements is approved to occupy the parking lot on our property for
the following dates:
Carnival setup: January 19 through January 22, 2009
Carnival open: January 23 through February 1, 2009
Carnival removal: February 2 and 3, 2009
Christiansen Amusements will be responsible to obtain a Temporary Use Permit from the
National City Neighborhood Services Division, observe any fire codes and traffic
regulations, and observe the Noise Ordinance of 10:00 p.m. to 7:00 a.m. while on our
property.
The contact person at Christiansen Amusements is Bill Jacob at:
Phone 760-735-8542
Fax 760-735-8543
Please call me at 619-267-2850 should you have any questions.
Thank you.
Sincerely,
Donna Kudrick
Specialty Leasing Manager
- 1d Plaza Bonita
6 •d 61D '°N
ai
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wd96:t 2006 '21 'AUJ
City of National City, California
COUNCIL AGENDA STATEMENT
,,,,,,NIEETING DATE January 6, 2008
AGENDA ITEM NO.
16
(rrEM TITLE TEMPORARY USE PERMIT — Circus Vargas sponsored by Tabares Entertainment fro
February 12-16, 2009 at the Plaza Bonita Mall.
PREPARED BY
EXPLANATION
Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services
This is a request from Tabares Entertainment to conduct the Circus Vargas event at Plaza Bonita Mall from
February 12-18, 2009. Set up for the event will commence at 8:00 a.m. on February 10, 2009. Each
performance lasts approximately 1 '/2 hours. The show times are as follows:
Thursday, Feb. 12, 2008
Friday, Feb. 13, 2008
Saturday, Feb 14, 2008
Sunday, Feb. 15, 2008
Monday, Feb. 11, 2008
7:30 p.m.
4:30 p.m., 7:30 p.m.
1:30 p.m., 4:30 p.m., 7:30 p.m.
1:30 p.m., 4:30 p.m., 7:30 p.m.
7:00 p.m.
The event will be dismantled on February 17, 2009 at 3 p.m.
This is a completely self-contained event in a tent approximately 165 feet in diameter. The event consists
of live performances. There are no games, rides, or alcohol served at the event.
Food will be prepared on -site in a trailer. Clean-up will be performed after each show.
Environmental Review X N/A
Financial Statement
The City has incurred $237.00.00 for processing the
TUP through various City departments, plus $349.00 for the Fire permits
Total fees are $586.00
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
i. 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: 'i'abares Entertainment
EVENT: Circus Vargas
DATE OF EVENT: February 12-16, 2009
TIME OF EVENT: 1:30 p.m. —9:30 p.m.
APPROVALS:
PLANNING
COMMUNITY SERVICES
RiSK MANAGER
ENGINEERING
PUBLIC WORKS
FINANCE
FIRE
COMMUNITY SERVICE
POLICE
NEIGHBORHOOD SERVICES
('ITY ATTORNEY
YES [x] NO [ ]
YES [x] NO [ ]
YES [x] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
YES [x] NO [ ]
YES [ x ] NO [ ]
YES [x] NO [ ]
YES [ x ] NO [ ]
YES [ x ] NO [ ]
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE C'ONDi'I'IONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONL)i"IIONS
SEE CONDITIONS
SEE CONDITIONS
SEE CONDITIONS
CONDITIONS OF APPROVAL:
FINANCE. (619) 336-4330
* Carnivals & Circuses (includes Pumpkin Station -rides) *
A Business License is required if monies are solicited, admission fee is charged,
or if food, beverages and merchandise are sold. The organization holding this
event and each vendor present at this event must have a separate business
license. Vendors currently licensed by the City may operate under their existing
license.
A list of all participating vendors (with their address, phone number, and current
National City business license number) is to he provided to the Revenue &
Recovery Division of the Finance Department two weeks prior to the event for
verification of business licenses.
flatly of the vendors or organizations is registered not -for -profit, there will be no
charge for a business license. However, a business license certificate must be
obtained from the City Revenue & Recovery Division, Business License
Section. (Note: a clearance fee does apply to Non-profit organizations located in
National City that submit an initial business license application.)
,l.r
FIRE (619) 336-4550
Stipulations required by the Fire Department for this event are as follows:
1) Access to the Circus Vargas to he maintained at all times.
2) Fire Department access into and through the booth areas are to be
maintained at all times. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13 feet 6 inches
3) Exit signs shall be provided at all required exits. Exit signs shall he green
in color (National City Municipal Code) and either self illuminating or
electrical with a 90 minute back-up power.
4) Fire I lydrants shall not he blocked or obstructed.
5) Participants on toot are to move immediately to the sidewalk upon
approach of emergency vehicle(s).
6) Vehicles in roadway arc to move immediately to the right upon approach
of emergency vehicle(s).
7) 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 he flame-retardant treated with an approved State
Fire Marshal seal attached. A ten feet separation distance must be
maintained between tents and canopies. A permit from the Fire
Department must be obtained. Cooking shall not be 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:
0 -- 400 sf - $0
401 — 500 sf - $250.00
501 — 600 sf - $300.00
601 — 700 sf - $400.00
Tents:
0 —200 sf - $200.00
201 -- ( t ) sf - $400.00
8) Concession stands utilized for cooking shall have a minimum of 10 feet of
clearance on two sides and shall not be located within 10 • feet of
amusement rides or devices
9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used
in cooking a 40:BC or class "K" fire extinguisher will be required. All tire
extinguishers to have a current State Fire Marshal Tag attached.
10) Provide 24 extinguishers to be mounted in a visible location between
31/4`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. All fire extinguisher to have a current State Fire Marshal
Tag attached.
1 1) A fire safety inspection is to be conducted by the Fire Department prior to
operations of the carnival to include all rides, cooking areas, game booths,
etc.
Required inspections taking place, after hours, holidays, and weekends
will be assessed a minimum of two hundred (S200.00) dollars. Fee is to he
paid to the Fire Department Administration offices under separate permit.
Fee is to be paid prior to event.
12) No smoking signs to be posted.
13) Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as "Temporary Wiring" only.
14) Fees can only he waived by City Council.
If you have any questions please feel free to contact me.
PUBLIC WORKS (619) 336-4580
Public Works Department staff has reviewed the application for subject
Temporary tise Perniit (TUP) and recommends approval with no involvement
by Public Works:
"Thank you for the opportunity to comment on this TUP. Please let me know if
you need any other information.
3.
RISK MANAGER (619) 336-4370
I've reviewed the application for the repeat proposed use and note that the
event will be held on privately owned property at Plaza Bonita.
Notwithstanding, the applicant sponsoring organization, Tabares
Entertainment, has signed the hold harmless and indemnification agreement. If
asked, I would recommend that the sponsoring organization obtain the
following types of insurance coverage to protect itself and the public, since
this is a larger event.
Commercial General Liability insurance with policy limits of at least S2M per
occurrence and $4M aggregate. in the alternative, the applicant could provide
liability coverage with limits of $2M per occurrence, so long as the limits are
dedicated or specific to this engagement.;
Commercial Auto Liability insurance with limits of at least S I M per accident,
combined single limits, any auto designation; and
Workers' Compensation insurance with limits sufficient to satisfy Calik rnia
statutory requirements, for all employees subject to the state laws.
Since the event is held on private property, and there is no contractual
relationship with the City, we cannot require that the City be named as an
additional insured on any of the Circus' policies.
1 have no objections to the application.
4
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Type of Event:
Public Concert
Parade
Motion Picture
•' � r ar a . A ri J 4 Id � a.j... ;a.
.1Y ••� % ,,11e.N k t y ,, 0 y^ F Jr•a Cr��'SL`F
a s; t '�,.h 4��•�., S..n*c r � .. 4-�s�t w xi�'i-�r. �5y'h "- v .t•t `ram K.,• �.;
�ro 4s{ir ..�ti-fiY h iKr':`f: ra Ft,1'•nri o :.,•ws�:x.?+Y"!'+r{sF•Lr:y,�7tY't� *-'*• 41. y.-�'°•: i.T.:�at,• :•t,;
Fair
Demonstration
Grand Opening
Festival
-rcus
Other
Event Title: \` i ( ()5 S
Event Location: C I G� - _ y1 \ t--'Io'4
Event Date(s): From
�2to wo(� t
tar j(l ..dal ,�ra •.r`..,ii�ir�. K. ;di`i rwi kj'..a.•: i r t'4r�1.., ..j r.
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S -5•^ F 9 • ra• r i 'fit ,a •�
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F. �t i. �• � {n c. <R. 5.. .�` Ywr {:»t. .Z ati• isw
Community Event
Block Party
OC11
-TotafAnticipated Attendance: 3O0- O 1
Month/Day/Year ( Partici ants
\ii Cnr 1 Q-S ( 1/Spectators)
Actual Event Hours: t • 3 (} am rrfl to alt-jO am/ .
Setup/assembly/constructionctiDate: )) Start time: 1 c-. r--
Please describe the scope of your setup/assembly work (specific details). —
SLik CA( CAS 'kA 1 \A��c_L --rs Ln ° c.Q.S5r S
Dismantle Date:-Q) \ 1 Completion Time: 3;00 am/ I
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.
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•
r.
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Tom' h'\ai` Cc�
Sponsoring Organization: k I/ror Profit
Not -for -Profit
Chief Officer of Organization (Name) ' Q1 js‘feA
Applicant (Name): 'AC.
Address: S• OQQ.W4\k en)C•'•' 0 r lJ )/A (1 col
Daytime Phone: NA - 9kening Phone: t6C\ p -% ()?fax: (961) J 2
Contact Person "on site" day of the event: ____ 1-1J Ck)11 1 6 �a" -
Pager/Cellular: 7 0 Z- 1 (Q (p - 5(.0 14-
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
5
Is your organization a "Tax Exempt, nonprofit" organization?
YES ( NO
Are admission, entry, vendor or participant fees required? jXES _ _ NO
If YES, please explain the purpose and provide amount(s): 64-('� -- LS �7 5
$ t0 i06()
$ :{ boo
$ 1u,6 Y
Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
Estimated Expenses for this event.
What is the projected amount of revenue that the„NjopiVirOrganization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
YES
If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
YES _ NO Does the event involve the sale or use of alcoholic beverages?
l/S'ES NO Will items or services be sold at the event? If yes, please describe:
YES 1-VNO 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.
YKE-S NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
04ES _ NO Does the event involve the use of tents or canopies? If YES:
Number of tent/canopies
1
Sizes
NOTE: A separate Fire Department permit is required for tents or canopies.
YES I�NO Will the event involve the use of the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
y Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
➢ Food Concession and/or Food Preparation areas �Ll
Please describe how food will be served at the event: fir. U\, U--tY 51 3Q -
-4-a o. %ao r\Sscjc
If you intend to c k food in the event area please specify the method:
GAS LECTRIC CHARCOAL OTHER (Specify):
Y Portable and/or Permanent Toilet Facilities
Number of portable toilets: (p (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)
Y 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
Y Scaffolding, bleachers, platforms, stages, grandstands or related structures
Y Vehicles and/or trailers
• Other related event components not covered above
Y Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: _ Trash containers with lids:
Describe your plan for clean-up and removal of waste and garbage during and after the event:
oww, ,QA
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i+ d..",i -.. ,t J , i 4- � S r 4.1 • N r , ;- t n i. G r . '' Y 0 f7 , 7. h i r...:
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Please describe your procedures for both Crowd Control and Internal Security:
YES V NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
I4ES NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
Please indicate what rran ement you have made for providing First Aid Staffing and Equipment.
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
-,rQ lob O C(Q-5Sk�1
Please provide a de iled description of your PARKING plan:
I`1f �\ Per Lt v
V
Please describe your plan for DISABLED PIAR G� „ve_74._
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Please describe your plans to notify all residents, businesses and churches impacted by the
event:
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
i `T r r-.^ ;'.. r,...• r.... �,..- r "7'r r ^'T l":'7 'T . •T'w'T
t 1 . .L `T 1 'r t..� i dr ... f ♦ t;.'..+ t.+ (11F7rat fri A_ f-fr t 7 'i+t rr s t
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YES 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:
✓YES NO Will sound amplification be used? If YES, please indicate:
Start time: 1 ; :O
am/Om Finish Time
am/p ?�5
YES 1.410 Will sound checks be conducted prior to the event? If YES, please indicate:
Start time:
am/'pm Finish Time am/pm
Please describe the sound equipment that will be used for your event:
YES/NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
YES VNO Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
9
Event:
,for Office 'Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. CertificateTof insurance must be attached to this permit.
Organization I 0,-A'Ja.[Qc
Person in Charge of Activity(1iC1'Y—s
Address 75 Yi 5, el QQ- ► ` JQ- n ,(1p C -1 fl Lo j
TelephoneV�cl U ` 75 Z L Date(s) of Use F(1..6 2 — ( (c12
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 lire Sdf Applicant
0 (dS4— 1 V
Official Title
ami4G-
Date t
For Office Use Only
Certificate of Insurance Approved Date
National City
Westfield Plaza Bonita
February 12-16, 2009
SHOW TIMES:
Thurs February 12
Fri February 13
Sat February 14
Sun February 15
Mon February 16
7:30 pm
4:30 7:30 pm
1:30 4:30 7:30 pm
1:30 4:30 7:30 pm
7:00 pm
LENGTH OF SHOW: Approximately one and one-half hours
EXPECTED ATTENDANCE: 300 - 500 per performance
SEATING CAPACITY OF TENT: 1,500
NO GAMES OF CHANCE
NO MECHANICAL RIDES
NO EXOTIC ANIMALS
NO ALCOHOL IS SOLD OR SERVED
NO OUTSIDE CONTRACTED VENDORS
Circus Management provides in-house security guards. Management carries cell
phone in case of 911 Emergency
Circus Vargas is completely self-contained. The show has a double generator system.
If the main generator shuts down, the back up generator automatically turns on. A
source of water is usually provided to the circus by the venue on which the circus con-
ducts business.
Circus Vargas rents porta-potties from local sanitation companies.
Since Circus Vargas is a family show and attracts primarily families, in-house security
is normally sufficient to provide appropriate crowd control. The security can use cell
phones to contact local law enforcement if the need exists.
Ja
Peftrrtler
ot�illi
I
1
i
+.t70' Et 1iOita Tett:Jiro:digse*.
1
ANN
400.10.1401,
Exit
Q
Performer trailers
Exit
Exit
0
Management
trailers
Trucks
Circus
Vargas
Main Tent
Exit
4.4049
IIE
4 Wa h
Basin
■ ■
ar 1
06
Exit
c
Exit
Vilke
trailer 1S tt
from tent
* MIN
Entrance Gatos
Exit generator 30 ft
47
mil. from tent
Geacrrtorr
Management
trailers
Trucks
Circus Vargas Generic Lot Layout
Specific layout may be modified for the location where the show is set up.
This sheet is proved to show the entire operation and approximate
locations of items to be set up.
All Areas arc handreapped accssiblc. First Aid is located in the ticket trailer.
5 trash cams are located outside the main entrance of the tent.
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COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
1EETING DATE: January 6, 2009
AGENDA ITEM NO. 17
ITEM TITLE: Authorize the reimbursement of CDC expenditures in the amount of $129,597.30 to the
City of National City for the period of 11/26/08 through 12/02/08
PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT Finance
Finance Director (619) 336-4331
EXPLANATION:
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 $129,597.30
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
J
"TACHMENTS (Listed Below)
Warrants for the period the period of 11/26/08 through 12/02/08
1/1
Check Date Check
Number
Vendor Name
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #23
12/2/2008
12/2/2008 224251
ATANGAN, NORMITA
12/2/2008 224252
CCH
Fund 301 1,_
Fund 502 T Fund 511 Tax Fund 522 Low
C D.B.G. Section 8 Increment Moderate
Housing_
401.80
12/2/2008 224253
CORPORATE EXPRESS
12/2/2008 224254
CPP PRINTING
12/2/2008 224255 DESROCHERS, PAUL
12/2/2008 224256 DIXIELINE LUMBER CO.
12/2/2008 224257
ELEGANT EVENTS PARTY RENTALS
12/2/2008 224258
HdL COREN & CONE
12/2/2008 224259 ICF JONES & STOKES
12/2/2008 224260
KEYSER MARSTON ASSOC
12/2/2008 224261
OPPER & VARCO
12/2/2008 224262 POWER PLUS
12/2/2008 224263 PRUDENTIAL OVERALL SUPPLY
1
249.40
137.101- (11 4.68)
375.19
110.00
82.63
444.65
1,200.00
34,389.91
1, 509.38 1,509.38
153.00 153.00
390.00 -J 390.00
26.68 26.68
66.21 66.21
47.85 47.85
12/2/2008 224264 SAN DIEGO GAS & ELECTRIC
12/2/2008 224265 SAN DIEGO TROLLEY INC
12/2/2008 224266 STATE OF CA CEPA
12/2/2008 224267 SWEETWATER AUTHORITY
12/2/2008 224268
WELLS FARGO BANK
12/2/2008 224269
XEROX CORPORATION
Total Check
401.80
249.40
122.42
375.19
110.00
82.63
444.65
1,200.00
34,389.91
91.50
283.10
459.31
439.19
91.50
283.10
459.31
12/2/2008 224270
YOUNG, COLBY
439.19
17.55 17.55
PAYROLL
11/26/2008 PERIOD 24
From 11/04/08 To 11/17/08
1,219.98
21,109.45 64,988.16
1.419.94
88,737.53
TOTALS
1,219.98
21,685.74 105, 271.64 1,419.94
129,597.30
I:\Common\FINANCEWccounts Payable\CDC FY0809\FY0809 CDC Warrant Registers\CDC - Reg23
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE: January 6, 2009 AGENDA ITEM NO. 18
ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in
the amount of $276,491.75 to the City of National City for the period of 12/03/08 through 12/09/08
PREPARED BY: Jeanette Ladrido, CP DEPARTMENT Finance
Finance Direct
EXPLANATION:
(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.
J
Environmental Review N/A
Financial Statement
Approve the reimbursement of funds to the City of National City in the amount of $276,491.75
N
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
•
TACHMENTS (Listed Below)
Warrants for the period the period of 12/03/08 through 12/09/08
1/1
NAI
INCORPcot ATTsD
COMMIJNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #24
12/9/2008
check Date
12/4/2008
Check
Number
Vendor Name
T Fund 301
C D.B G.
Fund 502
Section 8
_ __________
t
Fund 505
Home Fund
Fund
Tax
511 I Fund 522 Low
Increment I Moderate
Housing
Total Check
l
224272
MA STEVENS CONSTRUCTION
122,86 006
122,864 06
12/4/2008
224273
SAN DIEGO COUNTY RECORDER
154.00
f
22 00
176 00 I
12/4/2008
224274
THE SAN DIEGO UNION TRIBUNE
569.50
569 501
12/4/2008
224275
THE SAN DIEGO UNION TRIBUNE
569 50
569.50
12/9/2008
224278
ABC CONSTRUCTION CO . INC
139.063 10
139,063 10I
12/9/2008
12/9/2008
224345
BEST BEST & KRIEGER LLP
526.80
526.80.
6,000 00'
224346
BUSTAMANTE & ASSOC
6,000 00
12/9/2008
224347
D MAX ENGINEERING INC
1,847 Si
} 1.847 50 1
12/9/2008
224348
DELA CUADRA, RIZZA
400.04 I
2.907.89 j
400 04 i
2,907 891
1,000.00J
109_75.J'
1219/2008
224349
GEOSYNTEC CONSULTANTS
12/9/2008
224350
MAYER HOFFMAN MCCANN P.C.
'�.—
1.000A0 r—
12/9/2008
224351
OLSON. JOSEPH
109 75
12/9/2008
224352
PRUDENTIAL OVERALL SUPPLY
,
18.42 1
1842.
12/9/2008
224353
XEROX CORPORATION
439 19
439.19
—it
276,491.75
TOTALS
56950.
---- 439_19--- 723.501`.-,
274,737.561. __-
22.00
I:\Common\FINANCE\Accounts Payable\CDC FY0809\FY0809 CDC Warrant Registers\CDC - Reg24
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
'MEETING DATE: January 6, 2009
r
TITLE: SUBMISSION OF THE ANNUAL REPORT OF FINANCIAL TRANSACTIONS AND
HOUSING AND COMMUNITY DEVELOPMENT ANNUAL REPORT OF HOUSING AC-
TIVITY TO THE STATE CONTROLLER FOR THE FISCAL YEAR 2007-2008
AGENDA ITEM NO. 19
PREPARED BY: Jeanette Ladr' • s CPA DEPARTMENT Finance
Finance Dir for (619) 336-4331
EXPLANATION:
See attached explanation.
Environmental Review N/A
Financial Statement
N/A
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
(ATTACHMENTS (Listed Below)
I "nnual Financial Report for the Fiscal Year Ended June 30, 2008.
nual Report of Financial Transactions for the Fiscal Year Ended June 30, 2008
ro using and Community Development Annual Report of Housing Activity for the Fiscal Year Ended June 30, 2008
Statement of Indebtedness, Fiscal Year Ended June 30, 2008
Explanation:
Per Health and Safely Code Section 33080.1, California Redevelopment Agencies are
required to submit an annual report that contains ALL of the following:
• State Controller's Annual Report of Financial Transactions
• Housing and Community Development Report on the Status and Use of the
Low and Moderate Income Housing Fund
• Two copies of the Independent Financial Audit, in a component unit audit
presentation with combining statements by project area and fund, to include
an opinion of the agency's compliance with applicable laws and regulations
governing redevelopment agencies.
• A copy of the Statement of Indebtedness that was filed with the County
Auditor on or before October 1 for the new tax year.
Failure to submit the above reports within six (6) months of the end of the agency's fiscal
year may result in a penalty up to $10,000.
The purpose of the State Controller's Annual Report on Financial Transactions is to
provide audited financial data to the State Legislature and other interested parties about
California redevelopment agencies and their activities on a basis as uniform and
comparable as possible. This data is published in the Community Redevelopment
Agencies Annual Report. In addition, the legislation requires the California State
Controller to collect data on the housing aspects of redevelopment agencies on behalf of
the State Department of Housing and Community Development (HCD report).
The Statement of Indebtedness reports the agency's principal payments and interest
payments due during the tax year. When prepared correctly, the report will disclose the
following: the amount of tax increment necessary to satisfy its uses of tax increment for
the life of the project, the manner in which the current years' Statement of Indebtedness
was calculated and the current years' use of tax increment. The Statement of
Indebtedness had been successfully completed and submitted to the Auditor &
Controller of the County of San Diego on October 1, 2008.
Prior to December 31,2008, the reports listed above were submitted to the State
Controller's Office and are attached for your information.
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE: January 6, 2009
AGENDA.ITEM NO. 20
ITEM TITLE: ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2008
PREPARED BY: Jeanette Ladridos CPDEPARTMENT Finance
Finance Direc
EXPLANATION:
(619) 336-4331
Transmitted herewith is the Community Development Commission of the City of National City's Annual Finan-
cial Report for the fiscal year ended June 30, 2008 prepared by our auditors, Mayer Hoffman McCann, P.C.
The auditors have conducted their examination of the financial statements in accordance with generally ac-
cepted auditing standards and expressed a clean opinion of those statements.
Environmental Review
Financial Statement
N/A
N/A
•
J
r
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
1
fTACHMENTS (Listed Below)
Annual Financial Report for the Fiscal Year Ended June 30, 2008
1
/
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATE January 6.2008
/ITEM TITLE
Resolution of the Community Development Commission of the City of National City authorizing the submittal of an application to the
California State Department of Ilousing and Community Development for funding under the Building Equity and Growth in Neighborhoods
(BEGIN) Program, and the execution of any related agreements and documents necessary to provide for homebuyer assistance to low and
moderate income households on 49 newly constructed units located at Fig Court and East Division Street in National City, CA.
AGENDA ITEM NO.
21
PREPARED BY DEPARTMENT
Carlos Aguirre, Ext. 4391 Community Development, Housing and Grants Division
EXPLANATION
In November 2005, Pacific View Estates, LLC and the Community Development Commission of National City (CDC) entered
into Disposition and Development Agreement (DDA) for the development of 49 single family homes at 1125, 1251, and 13 1 1
East Division Street. The transaction included the sale of the CDC -owned parcel located at 1 125 East Division Street to the
developer in exchange for the development of 5 affordable units for low income households (80% AMI), and a note in the
amount of $810,000 in favor of the CDC. The note, which is secured by a deed of trust, shall convert to first time home loans
upon completion of the affordable units. The first time home buyer loans shall be made available to the buyers of the affordable
units.
The purpose of the BEGIN Program is to reduce local regulatory barriers to affordable ownership housing, and provide down
payment assistance loans to qualifying first-time low- and moderate -income buyers of homes in BEGIN projects. The City of
National City has worked to reduced various regulatory barriers including but not limited to site acquisition, zoning variances,
etc. The BEGIN Program would allow for additional homebuyer assistance loans to all 49 units under development. The State
grant would provide 20% of the sales price up to $60,000 to 44 units making them affordable to households at or below 120% of
area median income (AMI). The application would also request an additional $40,000 of assistance per unit for the five
restricted units that have received HOME funding to make them affordable at or below 60% AMI. The total amount of the grant
request would be $2,840,000.00. If funded, this program would assist in meeting the requirements under the Regional Fair Share
Allocation for new construction of units for low and moderate income households.
Environmental Review Ni N/A
Financial Statement
There is no fiscal impact associated with this request.
Approved By:
Account No.
Finance Director
STAFF RECOMMENDATION
Adopt the resolution to submit an application for the BEGIN Program and authorize the Chairman of the Community
Development Commission to execute any related agreements.
BOARD / COMMISSION RECOMMENDATION
n/a
ATTACHMENTS ( Listed Below) Resolution No.
I. Resolution
2. Pacific View Estates Project Information
A-200 (9/99)
RESOLUTION NO. 2009 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR THE CALIFORNIA STATE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT BUILDING EQUITY AND
GROWTH AND NEIGHBORHOODS (BEGIN) PROGRAM
WHEREAS, the California Department of Housing and Community Development
("HCD") has issued a Notice of Funding Availability ("NOFA") for the California State Department
of Housing and Community Development Building Equity and Growth and Neighborhoods
Program (the "BEGIN Program") established by Chapter 14.5, Sections 50860 through 50866 of
Part 2 of Division 31 of the Health and Safety Code (the "statute"). Pursuant to the statute, HCD
is authorized to approve funding allocations utilizing monies made available by the State
Legislature to the BEGIN program, subject to the terms and conditions of the statute and the
BEGIN Program Guidelines adopted as amended by HCD on May 21, 2007; and
WHEREAS, the Community Development Commission of the City of National
City (CDC) wishes to apply for and receive an allocation of funds through the BEGIN Program;
and
WHEREAS, the CDC wishes to submit an application to obtain from HCD an
allocation of BEGIN Program funds not to exceed the amount of $2,840,000.00.
NOW THEREFORE BE IT RESOLVED that:
1. The Community Development Commission of the City of National City shall submit to
HCD an application to participate in the BEGIN Program in response to the NOFA
issued on May 23. 2008, which will request a funding allocation for homebuyer
assistance to low and moderate income households on 49 newly constructed units at
Pacific View Estates located at 1125, 1251, and 1311 East Division Street in National
City.
2. If the application for funding is approved, the Community Development Commission of
the City of National City hereby agrees to use the BEGIN Program funds for eligible
activities in the manner presented in the application as approved by HCD and in
accordance with program Guidelines cited above. It also may execute any and all other
instruments necessary or required by HCD for participation in the BEGIN Program.
3. The Community Development Commission of the City of National City authorizes the
Chairman to execute the application, the Standard Agreement, and all other documents
required by HCD for participation in the BEGIN Program, and any amendments thereto.
--- Signature Page to Follow ---
Resolution No. 2009 —
January 6, 2009
Page 2
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
PACIFIC
VIEW ESTATES
Project Facts
Pacific View Estates and its 49 single-family homes are made possible through the cooperation and
assistance of the City of National City and its Community Development Commission (CDC) in
partnership with Pacific View Estates, LLC as the developer.
Pacific View Estates is an affordable first-time homebuyer residential project located at 1206 Fig
Court, National City, CA 91950. The nearest major streets are East Division Street, Palm Avenue
and Highland Avenue.
Fully 10%, or 5 of the 49 units, are designated as Affordable Housing units, with the opportunity to
expand the Affordable Housing unit count through the State of California's "Building Equity and
Growth in Neighborhoods" (BEGIN) Program.
Protect History
Pacific View Estates was created through a Disposition and Development Agreement (DDA) and
Owner Participation Agreement (OPA) executed by the National City Community Development
Commission and Pacific View Estates, LLC on November 29, 2005.
The National City Community Development Commission helped create the 49-units at the 4.49 acre
project site by selling a 2.1 acre CDC -owned site at fair market value to the 2.39 acre developer -
owned parcel.
National City CDC's Financial Participation
The CDC site was purchased by the CDC using HUD Home Funds. Such funds are to be used
solely for the construction use and occupancy of affordable housing in accordance with 24 Code of
Federal Regulations Part 92. The CDC sold the 2.1 acre parcel to the developer in exchange for a
promissory note in the amount of $810.000.
Upon completion of the Affordable Units, the CDC Note will convert to First -Time Homebuyer Loans
to Low -Income Households to purchase units at Pacific View Estates.
The CDC Notes will be assumed by eligible low-income purchasers of the Affordable Housing units
in the amount of $162,000 per unit. These CDC Notes are subject to a Resale Restriction and a
Deed of Trust, including equity sharing provisions in favor of the CDC as approved by the CDC.
Expanding Home Ownership Opportunities
Pacific View Estates, LLC seeks to expand home ownership opportunities for lower -income families
in National City beyond just those first 5 fortunate families. The State of California offers the BEGIN
program to cities and counties to help low-income families qualify for up to Maximum loan amount
per unit is 20% of sales price. With asking prices up to $359,900 for a 4-bedroom, 2'/2 bath, 2-story
detached home with a 2-car garage, the maximum BEGIN funds sought per unit is $60,000 in
second -mortgage loans for down -payment assistance to low- or moderate -income first-time home -
buying families at Pacific View Estates.
Tuesday, December 16, 2008
4538 Cass Street San Diego, CA 92109 I P: 858.274.3866 x252 I F: 858.581.6867
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE:
January 6, 2009
AGENDA ITEM NO.
22
(EM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH CHRISTENSEN &
SPATH, LLP, NOT TO EXCEED $100,000, FOR AS NEEDED LEGAL SERVICES
PREPARED BY
EXPLANATION
George H. Eiser, III 04 DEPARTMENT
(Ext. 4221) `
City Attorney
The CDC has retained and utilized the services of Christensen & Spath LLP for a variety of
redevelopment matters, especially related to affordable housing projects such as re -vesting title in the
Purple Cow site at 249 N. Highland Avenue and the Habitat for Humanity project at 1820 G St. Staff
desires to enter a new retainer Agreement with the firm, since the existing contract expired last month.
The firm has provided highly competent representation for the CDC for some matters that were not
reimbursed by developers; however, in most instances developer deposits and reimbursements have and
will continue to cover the cost of the legal services. Staff currently is considering utilizing the firm's
services for the National City Housing Authority and to negotiate Disposition and Development
Agreements for the Habitat for Humanity project at 1441 Harding Ave, the PSI -Home Depot project and
for the Derr-Sudberry shopping center project.
Environmental Review 1 N/A
Financial Statement
This Agreement is for as needed services not to exceed $100,000 over
a two year period. These costs will only be incurred if needed and,
in most cases, will be paid through developer deposits. Account No.
Approved By:
Finance Director
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
v.. Resolution
Proposed Agreement
A-200 (9/99)
RESOLUTION NO. 2009 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE
AN AGREEMENT FOR AS -NEEDED LEGAL SERVICES WITH
CHRISTENSEN & SPATH, LLP FOR A TERM OF TWO YEARS
IN THE TOTAL NOT TO EXCEED AMOUNT OF $100,000
WHEREAS, the Community Development Commission of the City of National
City is implementing the Redevelopment Plan for the National City Redevelopment Project; and
WHEREAS, to achieve the objectives of the Redevelopment Plan, specialized
outside legal assistance is needed for real estate transactions for both market -rate and
affordable housing projects, as well as industrial and commercial projects; and
WHEREAS, Christensen & Spath is a law firm proficient in the requirement of the
California Redevelopment Law; and
WHEREAS, Christensen & Spath has performed to the satisfaction of the
Community Development Commission since August, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute the
Agreement for as -needed legal services for two years in the not to exceed amount of $100,000
with Christensen & Spath, LLP. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of January, 2009.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AGREEMENT BETWEEN
THE CITY OF NATIONAL CITY AND
CHRISTENSEN & SPAT11 FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(the "CDC") and CHRISTENSEN & SPATH LLP, (the "Firm"). This Agreement sets forth the
parties' mutual understanding concerning legal services to he provided by the Firm and the fee
arrangement for said services.
Article 1. Retainer. The CDC hereby retains the Firm to provide legal advice and
assistance with regard to provide legal services, as and when requested by the CDC, involving
issues of affordable housing, redevelopment law, and related litigation, if requested, as more
specifically described in Exhibit A, subject to this Agreement.
Article 2. Scope of Services. The CDC shall have the right in its sole discretion to
determine the particular services to be performed by the Firm under this Agreement. These
services are identified in Exhibit A. It is expected that the Firm will work with the CDC's Legal
Counsel and CDC staff.
Article 3. Compensation. Compensation paid under this Agreement shall be as
shown in the Fee Schedule attached as Exhibit A.
A. The Firm shall not use more than one attorney for the same specific task
without the CDC's approval. The Firm may use the minimum number of attorneys for
this engagement consistent with good professional practice after consulting with and
obtaining approval by the CDC.
B. The Firm agrees to document a plan and budget consistent with the scope
of services described above in Article 2 to be agreed to by the CDC's Legal Counsel and
the Firm. The CDC shall not be obligated to pay the Finn amounts not discussed,
budgeted, and agreed to before being incurred by the Firm.
C. The CDC has appropriated or otherwise duly authorized the payment of an
amount not to exceed $100,000 for legal services and out-of-pocket disbursements
pursuant to this Agreement. In no event shall the total fees plus out-of-pocket
disbursements exceed this amount without written authorization of the CDC.
D. The Firm shall keep the CDC advised monthly as to the level of attorney
hours and client services performed under Article 1. The Firm will not charge the CDC
for travel time; however, the Firm may charge for work performed for the CDC during
any travel time.
E. The CDC further agrees to reimburse the Firm, in accordance with the
procedures set forth in this Article, for telephone, fax, mail, messengers, federal express
deliveries, document reproduction, client -requested clerical overtime, lodging, and
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Agreement for Legal Services
CDC and Christensen & Spath 1/2009-12/201 1
similar out-of-pocket expenses charged by the Firm as a standard practice to its clients
generally, with the exception of travel and meals. In any billing for disbursements, the
Firm shall provide the CDC with a statement breaking down the amounts by category of
expense. The following items shall not be reimbursed, unless the CDC has specifically
agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed
as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone,
postage, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3) Photocopy charges in excess of $.10 (ten cents) per page.
(4) Auto mileage rates in excess of the rate approved by the Internal
Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime,
the CDC will consider reimbursement on a case -by -case basis. The CDC will not
reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines
known in advance.
(6) Equipment, books, periodicals, research materials, Westlaw/Lexis
or like items.
(7) Express charges, overnight mail charges, messenger services or the
like, without the CDC's prior consent. The CDC expects these expenses to be incurred in
emergency situations only. Where case necessity requires the use of these services, the
CDC will consider reimbursement on a case -by -case basis.
(8)
Travel and meals.
(9) Late payment charge and/or interest. Due to the nature of the
CDC's payment process, the CDC will not pay any late charges or interest charges to
bills. Every effort will be made to pay bills promptly.
F. Bills from the Firm should be submitted to George Eiser, Legal Counsel,
1243 National City Boulevard, National City, CA 91950-4301. The individual time and
disbursement records customarily maintained by the Firm for billing evaluation and
review purposes shall be made available to the CDC in support of bills rendered by the
Firm.
G. The Firm agrees to forward to the CDC a statement of account for each
one -month period of services under this Agreement, and the CDC agrees to compensate
the Firm on this basis. The Firm will consult monthly with the CDC as to the number of
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Agreement for Legal Services
CDC and Christensen & Spath 1/2009-12/2011
attorney hours and client disbursements which have been incurred to date under this
Agreement, and as to future expected levels of hours and disbursements.
H. Billing Format. Each billing entry must be complete, discrete and
appropriate.
(1) Complete
(a) Each entry must name the person or persons involved. For
instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should he described, and the
related work product should be reference ("telephone call re: trial brief,"
"interview in preparation for deposition").
(e) The biller's professional capacity (partner, associate,
paralegal, etc.) should be included.
(f) All invoices should reference a Project Name and, where
available, a Project Number as provided by the CDC
(2) Discrete: Each task must he set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate: The CDC does not pay for clerical support,
administrative costs, overhead costs, outside expenses or excessive expenses. For
example, the CDC will not pay for secretarial time, word processing time, air
conditioning, rental of equipment, including computers, meals served at meetings,
postage, online research, or the overhead costs of sending or receiving faxes.
Neither will the CDC pay for outside expenses such as messenger delivery fees,
outside photocopying, videotaping of depositions, investigative services, outside
computer litigation support services, or overnight mail.
I. Staffing. Every legal matter should have a primarily responsible attorney
and a paralegal assigned. Ultimately, staffing is a CDC decision, and the CDC's representative
may review staffing to insure that it is optimal to achieve the goals of the engagement at the least
cost.
(1) Paralegals are to be used to the maximum extent possible to
enhance efficiency and cost-effectiveness. All tasks typically considered associate work
should be considered for assignment to a paralegal. Written authorization from the CDC
must be had before associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an
engagement, that person should continue on the legal matter until the matter is concluded
or the attorney leaves the firm. The CDC will not pay the costs of bringing a new
attorney up to speed.
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Agreement for Legal Services
CDC and Christensen & Spath 1/2009-12/2011
(3) If more than one attorney is going to perform the same task, prior
approval from the CDC must be had. This includes document review.
Article 4. Independent Contractor. The Firm shall perform services as an
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the
Firm without prior written consent of the CDC. Retention of the Firm is based on the particular
professional expertise of the individuals rendering the services required in the Scope of Services.
Article 5. Confidentiality of Work. All work performed by the Firm including but
not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or
composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work
product shall be confidential and not released to any third party without the prior written consent
of the CDC.
Article 6. Compliance with Controlling Law. The Firm shall comply with all
applicable laws, ordinances, regulations, and policies of the federal, state, and local governments
as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and
all directives issued by the CDC or its authorized representatives under authority of any laws
statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and
control the terms and conditions of this Agreement.
Article 7. Acceptability of Work. The CDC shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
In the event the Firm and the CDC cannot agree to the quality or acceptability of the work, the
manner of performance and/or the compensation payable to the Firm in this Agreement, the CDC
or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the
CDC shall each prepare a report which supports their position and file the same with the other
party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the Firm.
Article 8. Indemnification. The Firm agrees to indemnify and hold the CDC and its
agents, officers, and employees harmless from and against all claims asserted or liability
established for damages or injuries to any person or property, including injury to the Firm's
employees, agents, or officers, which arise from or are connected with or caused or claimed to be
caused by the acts or omissions of the Firm and its agents, officers, or employees in performing
the work or other obligations under this Agreement, and all expenses of investigating and
defending against same; provided, however, that this indemnification and hold harmless shall not
include any claims or liability arising from the established sole negligence or willful misconduct
of the CDC, its agents, officers, or employees.
Article 9. Insurance. The Firm shall not commence work under this Agreement
until it has obtained all insurance required in this Article with a company or companies
acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full
force and effect at all times during the term of this Agreement the following policies of
insurance:
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Agreement for Legal Services
CDC and Christensen & Spath 1/2009-12/2011
A. Commercial general liability insurance with a combined single limit of not
less than one million dollars ($1,000,000).
B. For all of the Firm's employees which are subject to this Agreement, to the
extent required by the State of California, Workers' Compensation Insurance in the
amount required by law.
C. Errors and omissions insurance in an amount not less than two million
dollars ($2,000,000) per claim.
D. All insurance required by express provision of this Agreement shall be
carried only in responsible insurance companies licensed to do business in the State of
California. The policies carried pursuant to paragraph 9.A above shall name as additional
insureds the CDC and its Board officials, officers, employees, agents, and
representatives. All policies shall contain language, to the extent obtainable, to the effect
that: (1) the insurer waives the right of subrogation against the CDC and its elected
officials, officers, employees, agents, and representatives; (2) the policies are primary and
not contributing with any insurance that may be carried by the CDC; (3) the policies
cannot be cancelled or materially changed except after thirty (30) days' notice by the
insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm
shall furnish the CDC with copies of all such policies upon receipt of them, or a
certificate evidencing such insurance. The Firm may effect for its own account insurance
not required under this Agreement.
Article 10. Drug Free Work Place. The Firm agrees to comply with the City of
National City's Drug -Free Workplace requirements. Every person awarded a contract by the
CDC for the provision of services shall certify to the CDC that it will provide a drug -free
workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain
this provision.
Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against
any subcontractor, vendor, employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The Firm will take positive action to insure that applicants are employed
without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. Such action shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Firm agrees to post in conspicuous places available to
employees and applicants for employment any notices provided by the CDC setting forth the
provisions of this non-discrimination clause.
Article 12. Effective Date and Term. The term of this Agreement shall commence
on January 7, 2009, and terminate on January 8, 2011, unless sooner terminated as provided for
herein. This Agreement may he terminated at any time by either party with sixty (60) days'
written notice to the other. Notice of termination by the Firm shall he given to the CDC's Legal
Counsel.
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CDC and Christensen & Spath 1/2009-12/2011
Article 13. Notification of Change in Form. The Firm has the right to effect
changes in form including but not limited to: the change in form from a partnership to a
professional law corporation; the change in form of any partner or partners from an individual or
individuals to a professional law corporation; the change in form of any corporate partner or
partners to any individual partners. The CDC shall he promptly notified in writing of any change
in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States
mail, postage paid. When so given, such notice shall be effective from the date of mailing of the
notice. Unless otherwise provided by notice in writing from the respective parties, notice to the
Agency shall be addressed to:
George Eiser, City Attorney
Community Development Commission of the
City of National City
1243 National City Boulevard
National City, CA 91950-4301
cc: Brad Raulston
Executive Director
Community Development Commission of the
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Notice to the Firm shall be addressed to:
Christensen & Spath, LLP
550 West C Street, Suite 1660
San Diego, CA 92101-8592
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Agreement for Legal Services
C'I)C and Christensen & Spath 1/2009-12/2011
Nothing contained in this agreement shall preclude or render inoperative service or such notice in
the manner provided by law.
Article 15. Headings. All article headings are for convenience only and shall not
affect the construction or interpretation of this Agreement.
Article 16. Miscellaneous Provisions.
A. Time of Essence: Time is of the essence for each provision of this
Agreement.
B. California Law: This Agreement shall be construed and interpreted in
accordance with the laws of the State of California. The Firm covenants and agrees to
submit to the personal jurisdiction of any state court in the State of California for any
dispute, claim, or matter arising out of or related to this Agreement.
C. Integrated Agreement: This Agreement including attachments and/or
exhibits contains all of the agreements of the parties and all prior negotiations and
agreements are merged in this Agreement. This Agreement cannot be amended or
modified except by written agreement, and mutually agreed upon by the CDC and the
Firm.
D. Severability: The unenforceability, invalidity, or illegality of any
provision of this Agreement shall not render the other provisions unenforceable, invalid,
or illegal.
E. Waiver: The failure of the CDC to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or
its enforceability.
F. Conflict of Interest: During the term of this Agreement, the Firm shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the CDC. This prohibition shall not preclude the CDC from expressly
agreeing to a waiver of a potential conflict of interest under certain circumstances.
G. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, or obligate any of the parties hereto, to any person or entity other than the
parties hereto.
H. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, and (iii) any rule or construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement, or any portions hereof, or any amendments hereto.
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Agreement for Legal Services
CDC and Christensen & Spath 1/2009-12/201 1
IN WITNESS WHEREOF, the parties have executed this Agreement on the 6th day of
January, 2009.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY
OF NATIONAL CITY
CIIRISTENSEN & SPATH LLP
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship • one signature)
By: By:
Ron Morrison, Chairman Charles Christensen
Managing Partner
APPROVED AS TO FORM: By:
(Name)
George H. Eiser, III (Print)
City Attorney
(Title)
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Agreement for Legal Services
CDC and Christensen & Spath 1/2009-121201 I
Exhibit A
Scope of Services
Perform legal services, as and when requested by the CDC, concerning all
issues within the expertise of the Contractor, including but limited to services
concerning the following:
• Affordable Housing
• Redevelopment Law
• Housing Authority Law
• Federal and State financing programs and program compliance
• Section 8 program advice
• Tax Credit financing
• Bond financing
• First-time Homebuyer programs
• Fannie Mae Secondary Market compliance
• Litigation of all kinds, including without limitation, environmental issues,
condemnation actions, Polanco actions, enforcement of regulatory
agreements and enforcement of inclusionary agreements
• Deed of Trust foreclosures
• Appointment of receivers, and other litigation, as and when requested
• Drafting of documents, including, but not limited to, disposition and
development agreements, exclusive negotiating agreements, affordable
restrictions, loan agreements, environmental indemnity agreements, UCC
financing statements, security agreements, deed of trust, and other
documentation
• All such other and further services, including transactional and litigation
services as and when requested by the CDC of the National City of
National City
Hourly Rates are as follow:
Attorneys
Paralegals
Clerks
Non Litigation
$200.00
$90.00
$70.00
Litigation
$225.00
$90.00
$70.00
0