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2009 04-07 CC CDC AGENDA PKT
Agenda 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 — April 7, 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 Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durance sesiones del Consejo Municipal. Los audiofonos estin disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/7/2009 - Page 2 PROCLAMATION ..0 1. Proclaiming Tuesday, April 7, 2009 as: "LEE ROMERO DAY" PRESENTATION 2. Employee Recognition Program — Recognizing Dennis J. Leach, Police Sergeant for his 20 years of service. INTERVIEWS/APPOINTMENTS 3. Civil Service Commission (City Clerk) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of March 3, 2009. (City Clerk) 5. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for two Ford Crown Victoria Police Interceptors from Villa Ford in the amount of $52,203.58. (Purchasing) 6. Resolution of the City Council of the City of National City approving an application for grant funds for the Urban Streams Restoration Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 in the amount of $2,354,842 for the purpose of construction of Paradise Creek Park Improvements and Habitat Restoration. (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/7/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of a regenerative air street sweeper replacing the existing non -conforming sweeper at a total cost of $198,365.97 to be paid from Public Works' automotive equipment fund. (Public Works) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an updated Sewer Transportation Agreement between the City of San Diego and City of National City as one of the participating agencies in the Metropolitan Wastewater System. This updated Agreement is for the transportation of National City's sewage to San Diego's Point Loma treatment plant for treatment and disposal. (This Agreement has no financial impact at this time and any future cost will be funded by Sewer Service Fees) (Public Works) 9. Resolution of the City Council of the City of National City approving the City's offers to the property owners for Right of Way (ROW) acquisition and obtaining construction easements with the total cost at $846,200 and authorizing the City Manager to execute the ROW documents for accommodating the proposed Plaza Boulevard widening improvements from Highland Avenue to Euclid Avenue. (Funding through Federal STP, Local TransNet and Capital Outlay Funds) (Engineering) 10. Resolution of the City Council of the City of National City approving Amendment No. 2 to the Agreement with Wade and Associates in the amount of $48,379.00 for additional project coordination services due to change order work for the National City Street Resurfacing Project, Phase 2 and authorizing the Mayor to execute the Agreement. (Funded through Proposition A Funds) (Engineering) 11. Resolution of the City Council of the City of National City approving Aerial to Underground Conversion Agreement Amendment with San Diego Gas & Electric (SDG&E) in the amount not -to -exceed $1,446 and authorizing the Mayor to execute the Agreement Amendment in conjunction with the Marina Gateway Improvements. (Funded by Tax Increment Fund) (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/7/2009 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City approving an Agreement Addendum 1 and authorizing the Mayor to execute addendum with Harris & Associates for "as -needed" civil engineering/traffic engineering services to assist City Engineering in the completion of the City's Comprehensive Transportation Plan document in the not -to -exceed amount of $39,990. (Funded through Capital Improvement Project sources) (Engineering) 13. Resolution of the City Council of the City of National City ratifying a Second Amendment to the Memorandum of Understanding (MOU) with Metropolitan Transit System (MTS), San Diego and Arizona Eastern Railroad, City of National City and the Community Development Commission of the City of National City in conjunction with the Bay Marina Widening. (Engineering) **Companion to Item #27** 14. Resolution of the City Council of the City of National City accepting the relinquishment of Fiscal Year 2008-2009 Supplemental Community Development Block Grant (CDBG) funds in the amount of $102,987 from the National City Lions Club, and authorizing the Mayor to execute a CDBG Sub - Recipient Agreement allocating said CDBG funds to Christmas in July National City. (Housing & Grants Division/Community Development) 15. Resolution of the City Council of the City of National City authorizing a letter of support from the Mayor of the City of National City to the U.S. Department of Transportation Maritime Administration regarding Knight and Carver Yacht Center, Inc.'s grant application for $12,000,000 to the Small Shipyards Grant Program funded by the American Recovery and Reinvestment Act of 2009. (Housing & Grants Division/Community Development) 16. Resolution of the City Council of the City of National City providing that the Records Manager/Community Development Commission (CDC) Recording Secretary shall pay two percent of the PERS employer -paid member contribution based on the entire salary for that position, which is paid by the City and partly reimbursed by the CDC, and that the PERS contribution for that position shall be based on the entire salary for that position, which is paid partly by the City and partly reimbursed by the CDC. (City Attorney/City Clerk) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/7/2009 - Page 5 CONSENT CALENDAR (Cont.) 17. WARRANT REGISTER #36 Warrant Register #36 for the period of 02/25/09 through 03/03/09 in the amount of $1,493,315.42. (Finance) 18. WARRANT REGISTER #37 Warrant Register #37 for the period of 03/04/09 through 03/10/09 in the amount of $1,591,096.65. (Finance) PUBLIC HEARING 19. Public Hearing — To determine whether the Public Health or Welfare require the formation of Undergrounding Utility District No: 16A on Plaza Boulevard from 1-805 to the west of Palm Avenue. (Funded by utility allocation funds for undergrounding). (Engineering) **Companion Item #20** NON CONSENT RESOLUTION 20. Resolution of the City Council of the City of National City establishing Underground Utility District No. 16A on Plaza Boulevard from 1-805 to the west of Palm Avenue. (Funded by utility allocation funds for undergrounding). (Engineering) **Companion Item #19** NEW BUSINESS 21. Temporary Use Permit - Easter Egg Hunt 2009 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 11, 2009 from 10 a.m. to 1 p.m. with no waiver of fees. (Neighborhood Services Division) 22. Temporary Use Permit — Easter Egg Hunt 2009 sponsored by Crossroads Church of San Diego at Kimball Park on April 11, 2009 from 12 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/7/2009 - Page 6 NEW BUSINESS (Cont.) 23. Temporary Use Permit — Philippine Fair & Parade at Westfield Plaza Bonita, June 6, 2009 from 8 a.m. to 6 p.m. This is a City co -sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. (Neighborhood Services Division) 24. Request to use the Martin Luther King, Jr. Community Center by the National School District for their Certificated Staff Hearings on Monday, April 27, 2009 with request for waiver of fees. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 25. Authorize the reimbursement of Community Development Commission expenditures in the amount of $297,955.69 to the City of National City for the period of 02/25/09 through 03/03/09. (Finance) 26. Authorize the reimbursement of Community Development Commission expenditures in the amount of $289,757.19 to the City of National City for the period of 03/04/09 through 03/10/09. (Finance) 27. Resolution of the Community Development Commission (CDC) of the City of National City ratifying a Second Amendment to the Memorandum of Understanding (MOU) with Metropolitan Transit System (MTS), San Diego and Arizona Eastern Railroad, City of National City and the Community Development Commission of the City of National City in conjunction with the Bay Marina Drive Widening. (Engineering) **Companion Item to #13** PUBLIC HEARING 28. Public Hearing — Approving the Section 8 streamlined Annual (Fiscal Year 2009) Public Housing Agency Plan (PHA) and the Administrative Plan for Fiscal Year 2009; and authorizing the submittal of the PHA and Administrative Plan to the U.S. Department of Housing and Urban Development. (Community Development of National City/Section 8 Rental Assistance Division) **Companion Items #29 & #30** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/7/2009 - Page 7 NON CONSENT RESOLUTIONS 29. Resolution of the Community Development Commission (CDC) of the City of National City approving revisions to the Section 8 Administrative Plan and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. (Community Development of National City/Section 8 Rental Assistance Division) **Companion Item #28** 30. Resolution of the Community Development Commission (CDC) of the City of National City approving the Section 8 streamlined Annual (Fiscal Year 2009) Public Housing Agency (PHA) Plan; and authorizing the submittal of the PHA Plan to the U.S. Department of Housing and Urban Development. (Community Development of National City/Section 8 Rental Assistance Division) **Companion Item #28** NEW BUSINESS STAFF REPORTS 31. Staff Report on Fire Department Emergency Dispatching Services (Fire) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — April 21, 2009 - 6:00 p.m. — Council Chamber - National City. S SlQI PORAT ITEM #1 4/7/09 CITY OF NATIONAL CITY ce/c&mat/c WIIEREAS, After having served as Assistant Principal at Granger Jr. High School from 2000-2002, Lee Romero served as Principal at National City Middle School from July 2006-March 2009; and WHEREAS, through his vision and insight, Lee Romero and the staff at National City Middle School, raised test scores exceeding the minimum state benchmarks; and WHEREAS, National City Middle School has the highest Academic l'erformance Index gains for the entire 28 school in the Sweetwater Union High School District; and WHEREAS, Lee Romero designed a very successful after school activities program, where students receive academic tutoring in all classes; and WHEREAS, Lee Romero established the WEB (welcome everybody) program at National City Middle School, a program which helps students feel connected to the school community, gives students a sense of purpose and a sense of belonging to the school; and WHEREAS, Lee Romero participates in Read Across America, he dresses up as Dr. Seuss, from the Cat in the Hat; and WHEREAS, through his leadership, construction and modernization of National City Middle School has occurred and continues to move forward; and WHEREAS, Lec Romero has been the recipient of numerous awards, including Counselor of the year for Sweetwater lJnion High School District, Golden Apple Award for excellence in teaching San Diego City College, Award of Merit for excellence in teaching at San Diego City College and Excellence in Service at Rancho Bernardo Iligh School; and WHEREAS, Lee Romero is currently serving as Principal at Montgomery High School. THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaitn Tuesday, April 7, 2009 as: LEE ROMERO DAY We call upon all citizens of National City to take a moment to recognize Lee Romero for the exceptional service, leadership, and commitment to our community. nd Vi -Solis e Mayor Rosalie �'_� Councilwoman Ron Morrison Mayor Francisco "Frank" Parra Councilmember Jess Van Deventer Councilmember CALIFORNIA -4- ITEM #2 4/7/09 MEMORANDUM NATIONAL Cl i'] INCORPORATED DATE March 12, 2009 TO Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Confidential Assistant (Mayor/Council Office) FROM Lilia Munoz, HR Technician SUBJECT : ANNIVERSARY RECOGNITION The following City employee will be completing her twenty years of service with the City of National City on March 21, 2009: NAME Dennis J. Leach POSITION Police Sergeant HIRED March 21, 1989 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, April 7. 2009. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. xc: SGT Dennis Leach Chief Gonzales RFCOGVRG DOC.11 Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 7, 2009 3 AGENDA ITEM NO. / ITEM TITLE PREPARED BY EXPLANATION INTERVIEWS AND APPOINTMENTS: Civil Service Commission Michael R. Dalla •� DEPARTMENT City Clerk EXT. There are currently two vacancies on the Civil Service Commission. Two applicants: Mr. Rafael Courtney and Ms. Juliette Hoffman were interviewed at the March 17th Council Meeting. J r Environmental Review XX N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the Council take action to fill the current vacancies on the Civil Service Commission. (The Appointing Authority for this commission is the City Council.) BOARD / COMMISSION RECOMMENDATION 4 ATTACHMENTS ( Listed Below ) 1. Applications Resolution No. A-200 (Rev. 7/03) w CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Port Commission X Civil Service Commission Public Art Committee' Community & Police Relations Commission* San Diego County Water Authority _ Housing & Community Development Committee Senior Citizens Advisory Board Library Board of Trustees Street Tree & Parkway Committee Military, Civic and Special Events Advisory Board Serra Library System Advisory Board Parks & Recreation Advisory Board Sweetwater Authority Planning Commission Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: -' S. C_Eour'Y Home Address: gyp$ _ L� Avehue Tel. No.: CAS 414 1_ Business Affiliation:Te ro,_ Q.E F;nck.Acie..` -Lew s , Title: Priekc i p0A / elifclAe r' Business Address:6Sc ? c k Ave, Srt� F Gh Vas CA Tel. No.: (Lc( O 4i4U c yr5 Length of residence in National City: 3O--3 San Diego Countv:303Sy.s California: 3o -3SY(s Educational Background: Occupational Experience: t'-- '- c,Vv• bbvS;ne5a/r asa c a��':•�..,c;4, ad„isc'4 Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: P Aa rtn r.� Gtr_z. rn►AA-ee Inc CAI. etc C1rtja_J t c • e rw n c,, tiov#►tr, LssJei Experience or special knowledge pertaining to area of interest: Lec —c.w p.-_uvs vte45 loge CO Have you ever been convicted of a crime? No _C__ Y� Date: t/I Yioc( Signature: �►� Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITT CEIVED Y CLEfZ►� Building Advisory & Appeals Board* x Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commi ; Public Art ComLiimittee* tee' nEc 8 A (I S 3 San Diego;Ceur l ter Authority Senior Citizens AdvisoryVkArS1 Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: A D -0-04mcw Home Address: �� �i . \ (o - S + S -2 e+ Tel. No.OS) --7t,,S f Business Affiliation: Title: Business Address: Tel. No.: Length of residence in National City: San Diego County: California: Educational Background: `it-t` Seit.-ac! 1 Occupational Experience: so i CSL-) 4�t)tsC 13t��`h G� Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? No x Date: kJ. - 9 Si G -d nature. � 4c)-0 0 � Please feel free to provide additiona information or letters of a dorsement. c _YYees^ Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 r�r Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7. 2007 ITEM #4 4/7/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of March 3, 2009. (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 7, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution accepting the lowest, responsive, responsible bid, for two Ford Crown Victoria Police Interceptors, from Villa Ford, in the amount of $52,203.58. PREPARED BY DEPARTMENT Brenda E. Hodges,, ; Purchasing (x4413) EXPLANATION Request for Bid #GS0809-2 was issued for the purchase of two (2) 2009 model Ford Crown Victoria Police Interceptors, or equal. Bids were mailed to thirteen (13) vendors, netting four (4) responses. Bids were opened and publicly read on March 24, 2009, with one vendor present for the opening. The apparent low bidder was determined to be unresponsive, since it did not include the required warranty. Therefore, Villa Ford was determined to be the lowest, responsive bidder. After factoring in the 10% discount that Villa Ford offered for payment within 30 days, the award will be n the amount of $52,203.58. Environmental Review NI N/A Financial Statement Funds are available in the FY09 vehicle C.I.P. budget Approved By: Finance Director Account No 643-422-224-511 STAFF RECOMMENDATION In concurrence with the Public Works Director, it is recommended that the award be made to Villa Ford, and that authority be given to issue the resulting Purchasing Order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Bid Abstract A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE RESPONSIBLE BID FOR THE PURCHASE OF TWO FORD CROW VICTORIA POLICE INTERCEPTORS FROM VILLA FORD IN THE AMOUNT OF $52,203.58 WHEREAS, the Purchasing Agent of the City of National City did, in open session on March 24, 2009 publicly open, examine and declare all sealed bids for Bid #GS0809-2 for the purchase of two Ford Crown Victoria Police Interceptors. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby awards the contract for the purchase of two Ford Crown Victoria Police Interceptors to the lowest responsive bidder, to wit: VILLA FORD BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to execute on behalf of the city a purchase order between Villa Ford and the City of National City for the purchase of two Ford Crown Victoria Police Interceptors in the amount of $52,203.58. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID ABSTR( I./ANALYSIS +/2009 BIDDER: BID 8.75% TIRE EXT. SUB PYMT TERMS TOTAL TAX FEE WARRANTY DELIVERY TOTAL (BID-%) AWARD NOTES Kearny Pearson Ford , $44,818.00 $3,921.58$17.50 $0.00 San Diego, CA Villa Ford Orange, CA Wondries Ford Alhambra, CA D owntown Ford Sacramento, CA Bob Baker Ford San Diego, CA Drew Ford La Mesa, CA El Cajon Ford El Cajon, CA Folsom Lake Ford Folsom, CA Ford West Bellflower, CA $47,468.88 $4,153.53 $19.44 $5,308.62 $49,458.00 $4,327.58 $17.50 $51,452.00 $4,502.05 $17.50 No Response No Response No Response No Response Fuller Ford Chula Vista, CA KenGrody Ford Carlsbad, CA Mossy Ford San Diego, CA No Response No Response Perry Ford National City, CA I.No Response No Response No Response . $0.00 $0.00 $48,757.08 $0.00 $48,757.08 DISQ. Does not include Net 15 extended warranty $0.00 $56,950.47 ($4,746.89) $52,203.58 'AWARD 10% Net 30 $0.00 1 $53,803.08 $0.00 $53,803.08 IDISQ. Does not include Net 30 extended warranty $0.00 _ $200.00 $56,171.55 } ($1,029.04) $55,142.51 :Note: vendor calc'd tax at 2% 21 days T$4068.04. Still high at $54,708 after discount H City of National City, California COUNCIL AGENDA STATEMENT `60►-MEETING DATE April 7, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution Approving an Application for Grant Funds for the Urban Streams Restoration Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 in the amount of $2,354,842 for the Purpose of Construction of Paradise Creek Park Improvements and Habitat Restoration. PREPARED BY l V Peggy Chapin, Principal Planner (336-4319) Planning Division DEPARTMENT EXPLANATION City staff has applied for a grant to design and install restoration and recreation improvements along Paradise Creek. Council approved a Resolution on December 2, 2009 authorizing the application. Since the grant is directed to two state agencies: the Resource Agency for a grant for California River Parkways Grant Program and the Department of Water Resources for an Urban Streams Restoration Grant Program. The Department of Water Resources has requested a separate resolution specifically naming the Urban Streams Restoration Grant Program. Environmental Review An EIR is being prepared for the Westside Specific Plan however subsequent environmental analysis will be conducted upon completion of technical studies and design drawings for the improvements. Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. reir BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN STREAMS RESTORATION GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the City desires to partner with the Urban Corps of San Diego County, a 501(c)(3) nonprofit organization that provides education and environmental job training to young adults; and WHEREAS, if grant funds are awarded, the Urban Corps of San Diego County would provide services to assist in creek restoration and park enhancement services, and in exchange the City would reimburse the Urban Corps of San Diego County for these services from grant funds awarded through the Urban Streams Restoration Grant Program funds; and WHEREAS, the community benefits from the creation of jobs and the training provided by the Urban Corps of San Diego County; and WHEREAS, the City of National City, if selected to receive these grant funds, will enter into an agreement with Urban Corps of San Diego County to define the scope of work for these services and reimbursement of grant funds; and WHEREAS, the City of National City, if selected, will enter into an agreement with the State of California to carry out the project. WHEREAS, the City Council has concluded the project proposed for funding with the grant funds would be environmentally beneficial and we will comply with all requirements of CEQA prior to implementation of the project; and WHEREAS, the City Council considers the prospects of receiving the grant to be reasonably likely. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the joint grant application with the Urban Corps of San Diego County for an Urban Streams Restoration Program. BE IT FURTHER RESOLVED that, If offered such a grant, the Mayor or his designee, are hereby authorized to execute any contract for administration of the grant funds, and appoints the Executive Director of the Community Development Commission of the City of National City, or his designee, to act as Project Manager for the project, to manage the Resolution No. 2009 — April 7, 2009 Page 2 Agreement, and to delegate authority to others to provide management and support services required for performance of the work and administration of the Agreement. The delegation of authority to submit invoices requires written consent by both grantees which will be provided to the Department of Water Resources. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to The Resource Agency. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 4,,„rMEETING DATE April 07, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of a Regenerative Air Street Sweeper replacing the existing non -conforming Sweeper at a total cost of $198,365.97 to be paid from Public Works automotive equipment fund. PREPARED BY EXPLANATION Joe Smith, Direct , DEPARTMENT Ext. 4587 Y �\ Public Works The fiscal year 2008-2009 Vehicle Capital Improvement Program was prepared by Public Works and presented to, and adopted by, Council June 17, 2008. This program contained recommended replacements of existing police patrol sedans, construction equipment and other various vehicles. One of the vehicles approved by Council was a street sweeper that must he replaced because it no longer complies with the State and County Air Quality Standard. The replacement cost of $198,365.97. Staff recommends we waive the bid process, as allowed by Municipal Code 2.60.260, and piggyback from the City of El Cajon's recent purchase of two Schwarze A-7000 Regenerative Air Street Sweepers from the successful low bidder, Kelly Equipment. The replacement of this sweeper will help us to fully comply with air quality standards by decreasing emissions, capturing and recycling the contaminated air created during the sweeping process, and lowering our carbon footprint. Environmental Review I N/A Financial Statement Approved By. Funds are available in the FY-08-09 Automotive Equipment Account 41.1-60.gek inance Director Account No. 643-422-224-51 1 STAFF RECOMMENDATION Staff recommens that Council waive the bid process, and Authorize the purchase from Kelly Equipment. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. %%a , Resolution Vehicle specifications and quote A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE MUNICIPAL CODE, AND AUTHORIZING THE AWARD OF FUNDS IN THE AMOUNT OF $198,365.97, USING ALLOCATED PUBLIC WORKS AUTOMOTIVE EQUIPMENT FUNDS, AND AUTHORIZING THE PURCHASE OF A REGENERATIVE AIR STREET SWEEPER FROM KELLY EQUIPMENT WHEREAS, the FY 2008-2009 Vehicle Capital Improvement Program was adopted the City Council on June 17, 2008, which recommended replacement of several City vehicles, including the replacement a street sweeper that is no longer compliant with the State and County Air Quality Standards; and WHEREAS, the replacement sweeper will comply with air quality standards by decreasing emissions, capturing and recycling the contaminated air created during the sweeping process, and lowering the City's carbon footprint; and WHEREAS, pursuant to Section 2.60.260 of the National City Municipal Code, the Purchasing Agent may buy directly from a vendor at a price established through competitive bidding by another public agency, in this case, the City of El Cajon, whose procedures have been determined by the Purchasing Agent to be in substantial compliance with National City's procurement procedures, and the Purchasing Agent has in this case made such determination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the purchase of one Schwarze A-7000 Regenerative Air Street Sweepers from Kelly Equipment, using allocated Public Works Automotive Equipment funds in the amount of $198,365.97. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney Wednesday. March 11, 2009 Mr. David Pease City of National City 2100 Hoover Ave. National City, CA 91950 Subject: Schwarze A-7000 Regenerative Air Street Sweeper Add On Purchase Opportunity Dear Mr. Pease: Kelly Equipment was recently the successful low bidder at The City of El Cajon for the purchase of two Schwarze A-7000 Tier III diesel regenerative air street sweepers. Based on our conversations, Kelly Equipment is pleased to offer a cooperative purchase proposal for The City of National City based on the bid and purchase of The City of El Cajon. The units as bid are equipped as follows: One (1) each Schwarze A-7000 8.4 cubic yard regenerative air sweeper with all standard equipment and including the following standard and optional equipment: 8.4 Cubic Yard Hopper Hopper Shroud Dual 44-inch Gutter Brooms Right Gutter Broom Power Tilt Gutter Broom Standby Gutter Broom Work Light, 4 Rear Mounted Dump Lights Rear Mounted Strobe Beacon Front LED Flashers Cab Mounted Strobe with Guard Rear Arrow Stick Front Mounted Spray Bar Low Water Level Indicator Poly Hopper Coating AQMD PM10 Certified Standard 12-Month Warranty John Deere 80 HP Tier III Diesel Engine Schwarze Whisper Wheel Sweeping System Schwarze Sweeps In Reverse Drop Down Hopper Screens 32.75-Inch AR400 Steel Radial Turbine Blower Pressurized Dust/Abrasion Suppression System 8-Inch Hopper Hand Hose, Spring Boom Two 4-Foot Hopper Hand Hose Extensions Hopper Load Weight Indicator 250 Gallon Water Storage Capacity Remote Lube Points for Fan Bearings Hopper Mounted Spray Bar High Pressure Wash -down Wand and Pump Factory Inspection Trip for Two Persons Factory Service Training for Two Technicians Paint Standard White One (1) each 2009 GMC T7500 cab over diesel Tier III chassis with all standard equipment and including the following: lsuzu Tier III Diesel Engine Power Steering Dual Steering and Controls Bendix AD9 Air Dryer 12-Inch Parabolic Mirrors Foam Filled Rear Inner Tires Continued Allison RDS2500 Automatic Transmission Air Conditioned Cab Dual Air Ride High Back Seats Cruise Control Spare Wheel and Tire Standard 24-Month GMC Warranty 1884 Woodlown Street, Upland. CA 91786 1.909.920.4557 1.800.288.7933 F. 909.920.4558 www.kellyequip.com supportnskellyequip.com 1 Wednesday. March 11. 2009 Mr. Dave Pease City of National City Subject: Schwarze A-7000 Regenerative Air Street Sweeper, Add On Purchase Opportunity Page 2of2 Per the completed specifications and bid price the unit pricing is as follows: 2009 Schwarze A-7000 Regenerative Air Sweeper: Delete Factory Inspection Trip: Special Manuals, Chassis and Sweeper Not Desired: Warranty Per Page 14 of Spec: Additional Suction Hood, Bare Channel: Add Gutter Broom Override. GEO: Sates Tax. National City, CA , 8.750%: Total Add On Price, FOB National City, CA: $174,886.68 (T) $-3,500.00 (T) $ 00.00 (NT) $. 3,555.00 (NT) $ 4,950.00 (T) $ 1,980.00 (T) $ 15,602.71 $197,474.39 Additionally, a CNG option may be added for $81,630.00 plus tax for a total delivered price including tax of $290,836.04. Above pricing is valid through August 01, 2009. Terms are Net-10 days from date of delivery. Delivery is approximately 45-60 days ARO for Diesel and 120-180 days ARO for CNG. Kelly Equipment thanks you for the opportunity to be of service to The City of National City. Cordially, Sean T. McElvy, CEO Kelly Equipment 2 .,iwarze A7000 Specifications Pickup head only 90" (2,286 mm) Pickup head and one gutter broom 114" (2,896 mm) Pickup head and two gutter brooms 138" (3,505 mm) ic Mounts on various chassis to meet requirements. Construction Welded 10-gauge steel plate with 3/16" steel hopper floor Safety Prop Dual steel bars located under body Sweeper Engine Tachometer, hounneter, voltmeter, temperature gauge and oil pressure gauge Model / Type 4045T/ In -line 4 cylinder Aspiration Turbocharged diesel Manufacturer John Deere Displacement 276 cu. in. (4.5 L) Brake Horsepower 115 (86 kW) 02,500 rpm `'' Torque 291 ft-lb (395 Nm) 4211,400 rpm Air Cleaner .... Sy-Klone® centrifugal precleaner; thy -type with dual safety elements and restriction indicator Oil Filter Full-flow/Spin-on Stroke 5.00" (127 mm) Bore 4.19" (106 mm) Compression Ratio 17.0 to 1 Safety Shutdown Three point; automatic Throttle Control Electronic Voltage 12 Volt Sweeper Engine Alternator 65 Amperes Type High pressure/ Low volume Water Tank Capacity 220 gallons (833 liter) Tank Construction Polyethylene Filter 200 mesh, cleanable Fill Diameter 2.5" (63.5 mm) Fill Hose 25 foot (7620 mm) Controls Electric; in -cab Note Spec/lkatfons ens subject to change without notice. neWMUSTit Drive Direct via a 5 groove, banded power belt Construction T-42 steel Housing Lining Bolt -in corded rubber Mounting 2 regreaseable sealed bearings Vacuum Enhancer For heavy/ light material Type Dual chambered full -width blast orifice Operating Direction Forward and reverse Suspension Adjustable spring balanced Length 90" (2,286 mm) Pressure Hose Diameter 14" (355.6 mm) Suction Hose Diameter 14" (355.6 mm) Hose Construction 3/8" (9.5 mm) wire -reinforced molded rubber Head Area 3,240 sq. in. (20,903 cm') Controls Hydraulic raise and lower Skids Double wide tungsten carbide Construction Abrasion -resistant steel inlet and outlet transitions in/WM=3TM Pump Capacity 6.5 gpm fl800 rpm (24.6 L/min.) Drive Direct gear Maximum Pressure 2,500 PSI (173 bar.) Reservoir 25 gallons (94 liters) Filter 10 micron, spin -on Protection Pressure relief valve Controls Electro-hydraulic SYSTEM: Type Gear type, driven by electric motor Function Raise/lower hopper, open/dose hopper door, raise brooms and pickup head Volumetric Capacity 8.4 cu. yds. (6.42 in') Dump Angle 53° Floor Angle 3° Dust Separator Self-cleaning centrifugal Lifting 'Ruin hydraulic cylinders Hopper Dump Door Open/dose/lock hydraulically Inspection Doors 1 on each side of hopper Kelly Equipment, January 16, 2008, 11:30AM City of El Cajon, Bid Number 029-08 Color logo Indicates original Document Page 19 of 31 Type Vertical steel digger Location Right and left, forward of pickup head Diameter 44" (1,118 mm) Drive Hydraulic torque motor Suspension Torque -sensing spring Wear Adjustment Automatic Pressure Manual Speed Variable, non -reversing Segments 5 each side, disposable, tempered steel wire filled Tilt Angle Adjustment Manual One coat of sealer/primer and two coats of DuPont Imron 5000'D polyurethane in standard white color. The Schwarze A7000 sweeper is guaranteed to be free from defects due to faulty materials and/or workman- ship for a period of 12 months, or 1200 hours. Liability is limited to replacement of defective parts at factory or authorized dealer. The standard warranties of chassis and sweeper engine manufacturers shall apply. 1-800-879-7933 Websiro: www.schwarze.com Finail: supporteschwarte.com "New Ideas From TTte Company That's Sweeping The Earth"'" CITY of EL CAJON PURCHASING DIVISION INVITATION TO BID FOR REGENERATIVE AIR STREET SWEEPERS BID NUMBER: 029-08 DUE: 11:30 AM JANUARY 16 , 2008 NOTICE INVITING SEALED BIDS The City of El Cajon is inviting Sealed Bids for the provision of the following: REGENERATIVE AIR STREET SWEEPERS information regarding bid forms and othcr matters pertaining to same may be downloaded from the City website at http://www.ci.el-cajon.ca.us/ or from the Finance Department. 200 East Main Street. El Cajon. California. All bids shall be delivered to the Purchasing Division of the City of El Cajon at the above address. on or before January 16.2008 at the hour of 1 1:30 a.m. at the above address. The City reserves the right to reject any and all proposals or bids. should it deem this necessary for the public good, and also the bid of any bidder who has been delinquent or unfaithful in any former contract with the City of El Cajon. /s/ Colin Dawson Purchasing Agent December 21.2007 5 City of El Cajon BID FORM PURCHASING DIVISION 200 E. Main Street El Cajon. CA 92020 (619) 441-1715 BiD NUMBER: 029-08 ITEM OUANiITYUKIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION 1 2 Each Regenerative Air Sweeper • 174,886168 349,773 36 2 1 Lot Manuals (as shown in the SPECIFICATIONS section) 2'r, 100. 00 2, 100.00 4 3 2 Each Warranty (as shown in the SPECIFICATIONS section) 3,555.00 7,110 00 4 1 Each Spare pickup head (as shown in the SPECIFICATIONS section) 4,950 00 4,950.00 Provide the following information about the item bid: Manufacturer: Schwarze Industris Model: A- 7000 Final Assembly point: Huntsville , AL MANUFACTURER'S SPECIFICATIONS AND DESCRIPTIVE LITERATURE MUST ACCOMPANY BID. MANUFACTURER'S WARRANTY MUST ACCOMPANY THE FOLLOWING INFORMATION MUST BE FILLED IN FOB SHIPPING PODNT PROPOSED METN000F SHIPMENT NUMBER OF DAYS FOR DELIVERY PAYMENT TERHES El Cajon Truck/Delivery 90-120 Days ARO NET 30 To the City Council of the City of El Cajon: Pursuant to and in compliance with the Notice Inviting Sealed Bids, the undersigned bidder hereby proposes and agrees to provide REGENERATIVE AIR STREET SWEEPERS, in accordance with the bid specifications, instructions, and conditions, in the tme, form, and manner provided by law at the bid price herein. Bids must be signed by a responsible authorized officer or employee. Unsigned bids will be rejected. Each sheet. where specified, must be signed or initialed by person submitting bid. The names of all persons, firms and corporations interested in the foregoing proposal as principals are as follows: Sean T. McElvy, President and CEO, Kelly Equipment 0 a iO o The undersigned is/are prepared to satisfy the City Council of the City of El Cajon of their ability, financial or otherwiselo provide the ed above in accordance with the specifications set forth in the bid. co E •.`t' w �Em SIGNATURE PRINTED NAME OF SIGNER Sean T. McElvy Ven. •r Kelly Equipment • Addres 1884 Woodlawn Street City. State, Zip: Upland, CA 91786 Telephone: 909 .920 .4557 Fax: 909.920.4558 Tax I.D. Number. - n e 41 i ' 2 GATE 01/15/08 6 GENERAL CONDITIONS 1. GENERAL INFORMATION - The Purchasing Agent of the City of El Cajon, California, will receive at his office at City Hall, 200 East Main Street at 11:30 AM on January 16, 2008 bid responses for City of El Cajon Bid No. 029-08. Bids shad be made only on this bid form, property executed, and enclosed in a sealed envelope bearing the name of the bidder, the bid number, bid due date, and bid title. Forms will be available and may be secured by prospective bidders at the office of the Purchasing Agent. Bids shal be written in ink or by typewriter. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the bid. Bids are to be verified before submissioas they cannot be corrected or altered or signed after bids are opened. 2. FORM OF BID - The bid shall be made on the attached bidder's proposal form. If the form is deemed inadequate, additional information may be submitted with the proposal, via an attachment of catalogs, drawings, photographs or a letter. Letters repeating prices and details from the City's specifications must be omitted. 3. INTERPRETATION OF BIDS - Should a bidder find discrepancies in, or omissions from the specifications, or should bidder be in doubt as to their true meaning, bidder may submit to the Purchasing Agent a written request for an interpretation thereof prior to the bid opening. The person submitting the request shall be responsible for its prompt delivery. Any interpretation of, or change in the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City will not be responsible for any other explanation or interpretations. 4. ADDENDA - Any addenda issued by the City during the time of bidding shall be covered in the bid and shall be made a part of the contract. 5. BID OPENINGS - Bids shall be delivered to the Purchasing Agent of the City of El Cajon on or before the day and hour set for the opening of bids in the published NOTICE TO BIDDERS. Each bid shall be enclosed in a separate sealed envelope bearing the description of the bid call, the bid number, the name of the bidder. and the date and hour of the bid opening. A bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening of bids. 6. LATE BIDS - Any bids received after the scheduled time of opening will be clocked in and retumed unopened to the bidder. 7. NO BID - If a bid is not made. the bid form must be retumed and the reason for not bidding stated; otherwise vendor's name will be removed from the bidders list. 8. AWARD OR REJECTION - The bid will be awarded to the lowest responsible bidder. The City. however, reserves the right to reject any or all bids, to accept or reject any one or more items of a bid, or to waive any minor irregularities or informalities in the bid. It is anticipated that all items will be purchased, however the City reserves the right to change quantities prior to award. The City reserves the right to make the award to the overall low bidder. or split the award amongst the bidders. For the purpose of evaluating bids for multiple awards, the sum of $175.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded. Individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. 9. TERMS AND CONDITIONS - The bidder shall not change the wording in the attached specifications or conditions. No words or comments shall be added to the general conditions or detailed specifications. Any explanation or alternative offered shall be set forth in a letter attached to the front cover of the specifications. Alternatives which do not substantially comply with the City's specifications cannot be considered. Conditional bids cannot be accepted. 10. ALTERNATES - The make or brand and grade of the article on which the bid is submitted should be stated on the bid form. If alternates are bid, aterature must be submitted with bid in order for alternate to be considered. All items on which bids are submitted must In all cases be equal or better in quality and utility to those specified by the City. Determination of the acceptability of any product offered shall be solely at the 7 Bid No. 029-08 discretion of the City of El Cajon. 11. PAYMENT TERMS - Must be indicated by filling in blanks in upper right comer of bid form. Cash discounts of less than 20 days will be considered net. 12. FOB POINT - It is understood that the bidder agrees to deliver FOB Destination, with no freight charges to the City. All costs for packing, delivery, drayage, postage, freight, express, or for any other purpose are to be bome by the bidder. 13. BRAND NAMES - The use of the name of a manufacturer, or any special brand or make, in describing any item in the bid documents does not restrict bidders to that manufacturer or specific article. An equal of the named product will be given due consideration. Notwithstanding the foregoing. the City may impose additional restrictions in the Specifications section of these documents. 14. TAX - No bid shall include federal excise tax, inasmuch as the City is exempt and will furnish exemption certificates upon request. Bids shall not include state sales or use tax. The City will pay applicable state sales or use taxes. 15. SAMPLES - When requested, bidders shall submit property marked samples of the artide(s) on which bid is made to the City. Any sample submitted must be clearly marked in such a manner that the marking is fixed, so that the identification of the sample is assured. Such marking shall state (1) name of bidder, (2) number of bid, and (3) item number. Samples, when required, must be furnished free of expense to the City. and if not destroyed by tests, will upon request be retumed at bidder's expense. 16. INSPECTION - All items fumished shall be subject to the inspection of the City, and unsuitable items may be rejected. Defective items shall be made good by the vendor in a manner satisfactory to the City. 17. ASSIGNMENT - No assignment by the contractor of any contract to be entered into hereunder or of any part thereof, except of funds to be received thereunder by the contractor, will be recognized by the City 'me unless such assignment has had the prior written approval of the City. 18. WARRANTY - Terms of any warranty offered by the manufacturer or the bidder shad be included with the bid. 19. TIMELY DELIVERY - Time is of the essence, and the purchase order is subject to termination for failure to deliver on time. The acceptance by buyer of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the vendor. 20. DAMAGES -1f delivery does not occur on schedule it is understood that the City will suffer damage. It being impractical and infeasible to determine the amount of actual damage, it is agreed that the contractor shall pay to the City the sum of one hundred ($100.00) dollars per day for each and every calendar day's delay in finishing the contract. 21. TERMINATION FOR DEFAULT - The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fad to make satisfactory progress, fad to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be Gable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shad be considered the fair repurchase price. lf, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of Page 5 8 Bid No. 029-08 this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 22. TERMINATION FOR CONVENIENCE - The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part. at any time. Tile City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount. as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 23. FISCAL YEAR - Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shaf arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 24. AFFIRMATIVE ACTION - The City of El Cajon Affirmative Action Plan requires any vendor who receives business from the City in excess of $10,000.00 to verify adherence to Affirmative Action guidelines as set forth in Executive Order 11246. To comply, each vendor awarded a contract by the City of El Cajon shall agree, and by signing and submitting a proposal for this contract does certify, to adhere to said guidelines. 25. GOVERNING LAW - This contract shag be construed and interpreted according to the laws of the State of California. Questions relating to this bid should be directed to the Purchasing Agent, City of El Cajon, 200 E. Main Street, El Cajon, CA 92020. Page 6 9 Bid No. 029-08 SPECIAL CONDITIONS NOTE: In the event that anything in these Special Conditions is in conflict with a requirement of the General Conditions, the Special Condition shalt supersede. GENERAL - Equipment to be new (unused) current year model production. The quipment shall be designed such that, when fully loaded with fuel. tools, and crew, it shall not ex the GVWR of the chassis. Equipment shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature. Optional equipment as necessary to meet the requirements of this specification shall also be installed. The equipment shall c ompty with applicable sections of Califomia Code of Regulation, Title 13, Motor Vehicles; Title 49, Code of Federal Regulations, Transportation; Society of Automotive Engineers, SAE J 1100, Motor Vehicle Dimensions; Federal Motor Vehicle Safety Standard 108; and Federal and CAL -OSHA requirements in effect at the time of bidding. The vendor shall register the vehicle through the California Department of Motor Vehicles and shall obtain exempt plates for the vehicle. The City is exempt from registration fees, and shall provide a signed application for exempt registration. BIDDER QUALIFICATIONS - The bidder shall be an authorized dealer/distributor or manufacturer of the equipment. Bidder shall be regularly engaged in the sale of equipment, parts and services of the type and kind proposed to be furnished, and shall demonstrate service capability with factory trained personnel. Bidder shall submit evidence satisfactory to the City of bidder's service capability. Bidder shall have an authorized service facility in the Southem California area, and shalt provide a toll free phone number for service, technical advice, and parts ordering. EXCEPTIONS OR DEVIATIONS - Bidders shall bid to the City's specifications. No exceptions to or deviations from these specifications will be considered unless such exceptions are listed on the sheet attached to the bid specification marked "EXCEPTIONS TO SPECIFICATIONS". Any exception shall be clearly documented and explained. Bidder may be required to demonstrate that the exception complies with the intent of the specifications. Bids will be assumed to comply with all aspects of the specifications not specifically listed as exceptions. The awarded vendor shall be required to deliver as per the specifications, subject only to those exceptions which the City accepts as alternates to the specified item. PERFORMANCE DEMONSTRATION - The City may require a performance demonstration of the bidder's product prior to acceptance/award of the bid. Any bidder requested to provide a demonstration shah deliver the equipment to the City of El Cajon Pubic Works Fleet Service Yard at 1060 Vernon Way, El Cajon. Failure to provide the demonstration shall be cause for rejection of the bid. LITERATURE - Bidder shall submit Manufacturer's literature and technical specifications for the equipment they are bidding. Bids which do not include this information will be rejected. TRAINiNGIMANULS — Training shall be provided as detailed in the specifications for each item. Training to be provided by a factory authorized/trained technician. Vendor shall provide two user operating manuals for the unit. Two set of parts. repair, service, truck chassis and sweeper electrical, shop manuals to the Fleet Maintenance Division. REFERENCES - A minimum list of five (5) references shah be provided with submitted bid. References are to be agencies who have purchased comparable equipment within the last three years. Page 7 'g./ 10 Bid No. 029-08 SPECIFICATIONS It is the intent of this specification to describe a regenerative air sweeper sufficient to assure that product reliability, design integrity, technical soundness and sweeping performance is provided. The sweepers shall be new current production model being bid. The sweepers shall be delivered completely assembled, serviced and ready to operate at the time of delivery. The bidder/vendor shag hav a qualified service representative in attendance with sweepers during start up operation to make any adjustments and give instruction to assure proper operation of the sweepers. The units shall be a diesel powered regenerative air sweeper mounted on diesel powered truck chassis. Sweepers must comply with EPA PM10 and AB1 186 requirements. CABOVER - DIESEL TRUCK / COLOR: Chassis & Cab: The unit shall be cab over Chevrolet-CT7500 cab & chassis or equivalent. Color shall be manufacturer's standard white paint applied over suitable primer. Pickup head, gutter broom, truck frame/chassis painted black. CAB & CHASSIS: Cab: • Shall be full forward tilt cab (No Exception). The cab shall be sufficiently insulated so that the noise level within the cab during operation does not exceed OSHA recommended decibels. • The unit shall be equipped with the following features: • Individual Operator's and passenger seat. The seat shall be air ride suspension equipped with, but not limited to the following: Heavy-duty double shock damper, heavy-duty locking slide rails, height adjustment, lumbar support, adjustable seat tilt and adjustable backrest. With safety seat belts. • Inside storage pocket on driver door and passenger door • Tinted safety glass • Heater/Defroster • Audio Backup Alarm System • Keyed Door Locks (Interior activated Door locks) • Safety leg support for tilted cab situations • Electric horn • Dual -cup holders • AM/FM Stereo -Radio system with dual speakers • Manufacturer installed air conditioning system (After market air conditioning are unacceptable) • Two speed electric wipers with washer shall be provided • Front and rear tum signals • Dual sun -visors • Coat hook • 7"X16" right and left side mirrors with12" diameter clamp on parabolic mirrors CHASSIS: GVW: Approximately: 30,000 - 31,0001bs. (GVW) Front axle: Minimum of 12.000Ibs with heavy-duty shock absorbers. Rear axle: Minimum of 21,000lbs capacity Rear axle ratio: Single speed 6.50 Page 8 11 Bid No. 029-08 Wheel Base: Cab to axle: Tuming Radius: 165" maximum or shortest wheel base possible 134" maximum or with the shortest CA dimension Tuming radius maximum of 23" WHEELS AND TIRES: The unit shall come equipped with dual rear wheels. Inner rear tires shad be Foam filled. Also one full sized mounted spare tire and rim shall be supplied at the time of delivery. Tire Size: 11RX22.5 14ply tubeless tires on single piece steel rims with ten (10) hole disc -22.5 x 8.25. TRUCK CHASSIS ENGINE: The engine shall be, in -Line 6-cylinder naturally aspirated or turbocharged diesel, with minimum of 200-HP. @ 2200 RPM with 365 cubic inch displacement, 560 ft- lbs. @ 1400 RPM torque. Vertical exhaust. Shall be equipped with dual primary and secondary dry type air filters with air restriction Indicator. The air filter will be of a major brand defined as Napa, or city approved alternative. State/Federal emissions requirements: The engine shall be 2008 ARB/EPA certified and compliant engine. Bidder shall provide with their bid copies of the NOX & Particulate Matter (PM) standards to which the engine is certified. Additionally, the Bidder shall also provide with their bid an Executive Order form California Air Resource Board documenting Certification Level for the equipment offered. Bidder shall provide with the bid, engine manufacturer emissions data that reflects the emission levels for NOX and PM that the manufacture anticipates achieving. Cooling system specified shall be equipped with a water conditioner/corrosion resistor type spin -on filter with replaceable element. Conditioner element shall incorporate a cooing inhibitor with stabilizer TRANSMISSION: Shall be heavy duty automatic Allison 25000RDS electronic six (6) speed transmission. FUEL SYSTEM: Fuel filter shall be a water separator spin on type filter. 50-gallon capacity shall supply fuel to both diesel engines. AUXILIARY ENGINE: The sweeper auxiliary shall be a 4-cycle diesel fueled, water cooled, naturally aspirated or turbocharged industrial engine, meeting Current State of California Engine and Emissions requirements. Displacement shag not be less than 276 cubic inches and not less than 80 HP @ 2500 RPM and 274 ft torque @ 1400 RPM. Shall be equipped with dual primary and secondary dry type air filters with air restriction indicator. The air filter will be of a major brand defined as Napa, or city approved alternative. Cooling system specified shall be equipped with a water conditioner/corrosion resistor type spin -on filter with replaceable element. Conditioner element shall incorporate a cooling inhibitor with stabilizer. Unit shag have an automatic shutdown system when coolant temperature is too high or oil pressure is to low. The auxiliary engine shall be accessible for repairs at all times. In the event the engine or engines are not operational the auxiliary engine shall be easily accessible by use of other system components. The auxiliary engine shall be equipped with the following features: • 12 volt system • 78 amp altemator with charge indicator gauge mounted in the cab on the control panel • Spin on replacement fuel filters Page 9 12 Bid No. 029-08 • Oil pressure gauge • Shall be equipped with dual primary and secondary dry type air fitters with an air restriction indicator. • Heavy duty cooling system • Coolant temperature gauge • RPM tack • Fuel water separator California Air Resources Board (ARB) Emissions Requirements: The auxiliary engine shall be 2008 ARB/EPA certified compliant ARB Portable/Off Road Diesel emission standards g/bhp-hr (g/kwh), Tier 3, Title 13CCR 2423 regulation. Bidder shall provide with their bid copies of the NOX 8, Particulate Matter (PM) standards to which the engine is certified. Additionally, the Bidder shall also provide with their bid an Executive Order form Califomia Air Resource Board documenting , • Certification Tier for the engine offered. Bidder shall provide with the bid, engine manufacturer emissions data that reflects the emission levels for NOX and PM that the manufacture anticipates achieving. Auxiliary Engine Permitting: The Bidder shall complete an registration requirements in compliance with State/ ARB 2450 portable engine and equipment regulation. GUTTER BROOMS: Dual gutter brooms shall be 43 inches minimum diameter, with wire -filled vertical digger type located forward of the pickup head. The brooms shall be hydraulic motor driven and shall be operated laterally and vertically by a hydraulic cylinder with in cab controls. The broom shall be adjustable manually for tilt and broom contact and wear pattern. The right gutter broom shall have a remote tilt control feature to allow the operator to adjust broom side tilt from inside the cab. The trailing gutter broom or swing away type gutter broom should prevent damage to the gutter broom and the gutter arm. AUTO SWEEP: Auto sweep interrupt (ASI) shall be furnished. Electronic circuit that accomplish the following sequence of operation when the transmission is placed into reverse with (ASI) set in auto mode the auxiliary engine goes to idle, the water system tums off, the gutter broom is stooped and the pick up head is raised. HOPPER: Hopper size to be approximately, but not less than 7 volumetric cubic yards with a load capacity of not less than 6 cubic yards. The hopper shall be airtight through the use of rubber seals on a doors and openings. An inspection door shall be provided on both sides of the hopper. Dumping shall be accomplished by means of hydraulically actuated cylinders attached to the rear door. Dumping shall be accomplished by discharging the sweeping debris from the rear. The screen shall be hinged and removal for easy cleaning by the operator. The interior surface of the Hopper.shall be coated with a "rust resistant epoxy coating polybird coating" or equivalent. Hopper deluge system, high volume system, attached to fire hydrant to flush the Hopper. including quick disconnect fitting on nozzle and filler hose. Hooper drain, allowing the sweeper to operate in wet conditions by draining water picked up during sweeper operation. Hopper shall have bad indicator with indicator light in the cab that signals a full load. Hi/low pressure wash down system with self-contained water supply 25' high pressure low volume wash down hose with a trigger control and two interchangeable lance of 48" and 38" shall be furnished. Hopper deluge system with a high volume nozzle which attach to a fire hydrant to flush the hopper shall be Fumished including quick disconnect fittings on nozzle and filler hose. Page 10 13 t-. M 0 0 M Q O m " CO E o N 0 O .1D. • C Z'Ego cz1n A � y ^il nv o Q o 0 • 0 Y t.5 U • Bid No. 029-08 Fumish one fire hydrant wrench. BLOWER: The blower housing shall be of the highest abrasive resistant material available from the manufacturer. A heavy duty blower, rubber coated, die cast aluminum blower shall be provided to create air pressure and suction to adequately remove street debris from the pavement surface. The blower housing shall be lined with bolt -in rubber wear resistant replaceable rubber liner for longer life. Minimum of 1,000 hours warranty. Blower shah be mounted on self -aligning, anti -friction seated bearing lubricated for life. However, if bearings are not sealed then an automatic tube system must be fumished. Blower driven from the PTO off the auxiliary engine by a heavy-duty power belt that shall be adjustable for tension. PICKUP -HEAD: Function air blast and suction chamber • W4h minimum of 87" X 30" pickup head • Head area approximately 2,610 sq inches • Suspension by four springs and two drag links • Adjustable skids carbide type skid shoes for left and right side of pickup head • Pressure bleeder integral for IeafiI ght material pickup control shall be mounted inside the cab. • Pick-up head shall be raised and lowered hydraulically with control located on the inside operator control panel. Spare pickup -Head: One spare pickup head shall be provided with the sweepers at the time delivery. DUST CONTROL WATER SYSTEM: The water tank shall be constructed of polyethylene for strength and puncture resistance or if constructed of steel it shall be coated with an epoxy Polybrid 702 coating and shall have a minimum capacity of 220 gallons. The tank shall be equipped with a drain valve to flush sand and dirt from the tank. Water to be filtered by a 80 to 100 mesh cleanable filter screen located between the tank and pump. The water pump shall be electric or hydraulically driven, operated from within the cab. There shall be a low water warning light with automatic shutoff when water supply is depleted. A 16 ft. hydrant fill hose with couplings and hose storage rack/compartment shall be provided. Spray nozzles shall be located at the pickup head, each gutter broom, in the hopper and in or forward of the pickup head for extreme dusty conditions. The nozzles shall provide sufficient dust control in compliance with PM10 EPA/ARB standards. HAND HOSE EQUIPMENT: For cleaning remote areas and catch basins, an auxiliary land hose shall be provided. It shall be eight (8) inch diameter, 10 -12 feet long having a 52 inch long light -weight metal nozzle. It shall be supported/ suspended from a spring counterbalanced swivel boom. HYDRAULIC SYSTEM: The hydraulic pump shall be powered off the auxiliary sweeper engine. The hydraulic system must be adequate for use within the requirements of the sweeper, with approximate 25 gallon reservoir tank or equivalent 10 the rate of flow required to operate the sweeping unit. Alt hydraulic hoses shall be steel braided rubber reinforced hydraulic hose materials. All the hoses or lines shah meet or exceed the maximum rating of the hydraulic system pressure. The reservoir tank shad have a site gauge to indicate level of the hydraulic fluid in the tank. Spin on replaceable oil filter. Manual shut off valve shalt be provided at reservoir tank in line of the hydraulic system to shut the tank off in the event of a system failure. Page 11 14 Bid No. 029-08 ELECTRICAL SYSTEM & INSTRUMENTATION: Cab& Chassis Electrical: The electrical system shall be twelve (12) volts. The truck engine shall have a minimum of 100 amps alternator. The auxiliary engine shall have a minimum of 78-amp akemator. Electrical system shall include but not be limited to multi -beam headlights, combination stop, taillights, and back up lights, clearance side broom cab dome, rear license plate lights and directional signals with hazard switch and electronic backup alarm. Instrumentation panel shall have but not limited to: speedometer, voltmeter, temperature gauge, oil pressure gauge and tachometer. Additionally, Electric linear actuator for power unit throttle control shall be furnished. AUXILIARY DIRECTIONAL BAR AND SAFETY UG One (SML8-50) A 42", eight (8) lamp, multi direction. light bar 'th 50" cable with a SMC5 deluxe control includes low and fast modes, with the appropriate mo ets for the directional bar and controller. The directional light bar shall be mounted on the rear of the truck, with the controller mounted under the clash inside of the truck cab. s.t- 4 -- Amber low -profile high powered strobe waming light Federal Signal, Model 651AUL with wire branch guard mounted on the rear/back of the hopper roof. Utilities/Work lights shale be installed in the back, on the rear hopper door to provide lighting when cleaning remote areas and catch basins. Auxiliary adjustable lighting to be installed on the right and left hand sides of the sweeper. One set directed toward the gutter brooms and the one set of lighting directed toward the pickup head. Location of auxiliary lighting and controls will be determined during the pre -construction meeting Two (2) flush mounted amber LED flashing warning lights shall be installed in the front bumper Controls: One button sweeping operation shall start all system necessary for sweeping. Operator controls for the sweeper shall be mounted inside truck cab and readily accessible to the operator in the right or left driving position. Shall have auxiliary hydraulic electric system to electrically operate the hydraulic system in the event the Main control or pump failure to work. Auxiliary engine control and gauges shall be mounted on center console panel consisting of but not limited to ignition switch vernier throttle, oil pressure gauge. water temperature gauge, voltmeter and tachometer. M O Sweeper controls meters and gauges shall consist of but limited to, right & left gutter brooms, pickup head, beacon/rotating rights, water system, tow water fight, hour meter, truck and auxiliary engines, and leaf ato pressure switch. Dual Hopper dump control shall be included. One located inside to cab and secondary M control located outside of cab located on the right or passenger side or the sweeper. -, o o . u One button Sweeping Operation shall start all systems necessary for sweeping. Auxiliary engine shall have te .- 8 a but not Nmited to, hour gauge, voltmeter, temperature gauge. oil pressure gauge and tachometer (engine E speed). Operating control switches shall be within easy reach including all isolated swkches for non -critical 3 = o Z ;13 d functions - cog STEERING: at.) o The unit shall be equipped with dual operator controlled integral power steering with telescopic steering W o column. cruise control and dual operator gauges package. Diameter of the steering wheel minimum of 18.9 x 4-8 inches. t Page 12 15 Bid No. 029-0B BRAKES: Brake system shal be fully air -operated system with 13.2 cfm air compressor, equipped four channel anti - brake system. Front brake shall be disc type and the rear brakes shalt be S cam type drum brakes. The brake actuators shall be sealed type, preventing contaminants from entering the spring chambers. Size of the brakes shall meet the manufacturer's specification according to GVW of the truck being bid/specified. Shall include self-adjusting (automatic) brake adjusters. The brakes shall be capaaIe of stopping the sweeper fully loaded on a street downgrade of 14 percent. Shall be furnished with a Bendix type air dryer with automatic air moisture ejector or equivalent. The parking brake shall be air activated spring -loaded. The parking brake shall hold the sweeper while fully loaded on a 14 percent street downgrade. MISCELLANEOUS: The following list shall be included as part of the Unit's equipment and features: 1. Leaf- spring Suspension System 2. Fire extinguisher 3. Road reflectors (triangles with case). TRAINING: Operator Training: The successful bidder shall be required to conduct two, six (6) hour in house training sessions for the Equipment mechanics & operators. Mechanic/Operator Training: The successful bidder shall be required to provide manufacturer's training for two employees, one mechanic and one operator. Manufacturer's training seminar consisting of set-up broom replacement and set up adjustment, Infield pick up head and broom adjustments, electrical system, pneumatic system, water and hydraulic system, component location, and hands-on training. Training to be conducted at the manufacturer's training center. All costs including travel, lodging, and meals shall be at no cost to the City. PERFORMANCE DEMONSTRATION: Bidder may be required, at bidder's expense to demonstrate performance test of their proposed equipment for a minimum of three (3) days in the San Diego area prior to awarding the contract. Equipment provided .for the demonstration must be deemed by the City to be comparable to the equipment specified in the Bid. Bidder will not be reimbursed for any demonstration costs incurred. The City shall be the judge of the suitability and acceptability of any equipment proposed or demonstrated. PRE -CONSTRUCTION & FINAL INSPECTION MEETINGS: The bidder shall provide two inspection trips, one pre -construction & final inspection for a total of two (2) customer representatives. The inspection trips shall be scheduled at the times mutually agreed upon between the manufacturer and the customer. Ap costs including travel, lodging, and meals shall be at no cost to the City MANUALS: All listed manuals shall be delivered with equipment at the time of delivery. Cost for manuals shall be shown on the bid as a lump sum (for accounting purposes): Two (2) sweeper operator's manuals One (1) sweeper parts and service manuals Page 13 16 Bid No. 029-08 One (1) cab & truck chassis shop repair manuals One (1) wiring diagram service manual sweeper One (1) cab & truck chassis wiring schematic manual ADVANCED DIAGNOSTICS: Provide advanced Windows based, engine & transmission diagnostic software. The software will provide technician's trouble shooting tool. The service and maintenance software will include the following features: • Easy understanding and use • Ability to view system input/output information • A complete trouble shooting guide will be provided with the vehicle WARRANTY: Additional cost (if any) for warranties shall be shown on the bid as a lump sum (for accounting purposes): Complete sweeper shall be warranted free from defective material and workmanship ("bumper to bumper" warranty) for a minimum period of 24 months/unlimited mileage Truck chassis coverage 24 months, unlimited mileage Engine, transmission and drive train, 60 months/100,000 miles ($50.00 deductible) Frame coverage 60 months, unlimited mileage Cab corrosion coverage 60 months, unlimited mileage 1,000 hour blower warranty Page 14 17 Bid No. 029-08 EXCEPTIONS TO SPECIFICATIONS Page 11, Blower: Exceeds Specification Ntaie We are providing an AR400 abrasion resistant steel blower in lieu of aluminum. per your request, "the highest abrasive resistant material available from the manufacturer." No coating is required. No exceptions or deviations from the specification. Page 15 18 City of Inglewood Rick Longobart 310-412-5585 City of San Bernardino Randy Kuettle 909-384-5020 City of Whittier Jay Nossett 562-464-3584 City of Dinuba Ismael Hernandez 559-591-5924 City of Chino Mike Kitchen 909-591-9839 Quality Street Service Multiple User, A-7000 Alicia Powell 760-776-8460 r REFERENCES Bid No. 029-08 19 January 15, 2008 City of El Cajon Purchasing Agent 200 East Main Street El Cajon, CA Ref: Bid No. 029-08 Dear Sir/Madam: Kelly Equipment is pleased to provide the attached response to your invitation to bid. Per page 10 of the specification, I would like to bring your attention to a specific item in regards to the Califomian Air Resources Board CARB Certification for the auxiliary engine. At the time of bid, we were able to confirm the engine bid, a John Deere 80 HP diesel engine is in fact Tier III compliant and CARB certified, however, the actual GARB certificate printout was not available through our John Deere Dealer. Upon your acceptance of our price and terms, will provide the necessary CARB certificate prior to award. Cordially, Sean McElvy Kelly Equipment 1884 Woodlawn Street, Upland, CA 91786 T. 909.920.4557 T. 800.288.7933 F. 909.920.4558 www.kelyequip.com support@kellyequip.com .00 20 rr.er '1X1 4t.s Vf."•••!trItj /.. ii*•*•'• **•1‘•- .. •*; • '', , W410‘ig.'•"' • • • -4 • ft; • • Kelly Equipment, ui ment, January 16, 2008,11:30PM City of El Cajon, Bid Number 029-oment Page 20 of 31 Color Logo indicates Original Documentnt c, u •••i•a.• RUGGED DUTY SERIES • .01bLI is bardcr.find smirtar, :,:, .:: • '. SERIES I 300-800 (224-447) 550-1850(746-250(1) 18,500-unlimited (e,e45-0e11mited) WJStkmort.Pehttles are put- .. perathllt'al1equtrements,athey are li ielheirraPetElna ccndtttans: For eksatespOetttn. duty on .tl(R' AhaDdse}; .ind „ bltir6odiidr�r" 4707413 apetates on -/off -highway altos a PTO requires an Allison r•R4tiggerttl7Uty Series transmission, Dump Refuse front/ Concrete Mixer Side/Rear Loader Refuse Utility Roil On/Roll Off landscep)ng Agriculture SnbWPlow Recycling Tow Uquld Delivery Kelly Equipment, January 16, 2008, 11:30AM City of El Cajon, Bid Number 029-08 Color Logo Indicates Original Document Page 21 of 31 ant - 3000 RDS AMT On avehtele:•wttfPWItist�alSeQtq fitt•th that56Ze'atitut ittisk �[r+frfrdthl�ltltt�' t1a ener6q and"s•Oult Ih;1 Scwfiii, Because the engine-.lsn't ad Tsf clfl`deesitl at fu1I load. grj ; ca With an MBroniAUtt6it tnyshlfr changa41 e•Jn is ittaintiftted*011 • • . •74tff1relfi •' . iort ort.n dwimraank orfyaooleaa rdifi rlw8 dgi irhtltbra wi tg •n b .Cti VIO, an ishoegiif0e4 r velliEhierinfllis$=*r yard"mils' to operht 7•Jfafta:comparahle marit:rt- or' AMT-eouipped vnIttei fS 5tlttlS41t':rated up -to the maximum ' "'•:Class 7: weight range of WEIGH STATION HEX' 10 MILES rr. ,r •2:rl-i'f .- ; �` cti -, • tl a +:^S f 1`d.'ir, i._ y. 'IF } t1 tEtS' :itrta r •T.iY. A Ir -TNh I - - tr. E, �. L ,f i , ^• ". , l p • is 'it: i ' 33;000 Ibs GVW. fCj+I .,mmi N'an Riu. arm Rtx and• »I, •S • . . , • L.2 • • 1 •••4.•;,,, - •;, : • • • • • '2! A0OlTiONAL PRODUCTIVITY .AiltliiiONAL REVENUE • OIVIlg, Fr i• •• N00,, ^3. ss Allison Rugged Duty Series auto. matte transmissions have bralns in addition to brawn Optional electronic control packages provide precisely the performance features you need to get the lob done — whatever It may be. ,iutagtIps: f PTO PTO MtegretIon made simple using the treownissioe elec. front control. Commends how end when the PTO engem and monttors operating conditions to minimize potential damage and hazards. It's like en eats set of eyes- making sure out. figier$ ES op, buckets an stowed, QOM me shut bold unwanted shifts °dot Kestrel. Intents's OM -that'll -any vocational veeicie eampottent Thrtrerlmlesto electronic mistrals %Mow whoa toanmendlibutral-automatteady. the Marto teat Aatomatlo • tiOni,;virartery Job and at ',,prerystop.It's one less " thing the driver hes to do. Choose the range. Crests enaction. lanp trittlotor pinkies a useable electric dvullwhen the transmission shtfts to a throttling. Stepey4tep operator Porte unto! .eptit.shaft operation and automatically shift the transmission to fourth lockup for direct 1:1 drive from Vie engine. ' ft- . • - ..14- • - Kelly Equipment, January 16, 2008, 1130AM / City of El Cajon, Bid Number 029-08 Color Logo Indicates Original Document Page 22 of 31 ment • • fr',81vret rC e0tHedAtt pJttwrtthat ; atlf f.el .c.11,1x; 1„ t,esior -7 -111b. *1V. -f6bklitieVantindbe.ls. • ist• • etern:ShifriMAttr44.-T'''..‘-'''' •• A roodtdIstraittons: •ta.e. , - • a time to- do, what's nites s - • being. so* Ort-tlie road, - z' ,;,••,- -?7 J's .te •V`.14,.. • 7-1k • .: Am; 413.PrZrit • . q+ilejckr, froitoet. coo- staktaittiteaiiiniiirion, natrkter 4115,1').14:rtPlitt0'4'' matt&Tibor r Ds+ s and howntIrne.TranSvhd" Vinthettc-i.rarmnItes•km Fluid extend oircittlxc Iritcritabc• . • • ' , ( — . =-- — itrtr---— 11111--,---- t. Compererlto.2-yeersold used — —_--=--• =-.---• ckviduesAttieiiMson us - ,,........,., liptaWnaz-Li; ..., • . 1#111411KINd 'Trod 2/ermkr IMO Win Milo "'Flinvy- - • .: '11.14111110la often : 41t11161d,Ohl • .entrt.InrOir. . ,,, wee16-Iit rtterm;broolirirmoi-;-: _ — drketroducttetintlhOrert. in :-..- 141.1111mb 0...plillees' ==.--—____ atitte0e tiltktiltte4Pk. Vittfille Mu 1 Th14/4 vivo ostalitiilinawhosenion if it sera 7$11M nw oneirwrihriloto.nros m 0814160r .....g?:". ao- « ,kve,47:.,,...,:..,. .......,„„,.. ...-...:,,,,,,. ..-4q-- # -.,Re- •-• . ' , ft. 11 444ttf rsirzi.:4: I. "41i,,,,, peroactaiab , • .. . 4;4Sieraei'llSaliffff r-•fartitivrtet" 1..."-V/A4: . „ ••,, ,K...• trIt-',R, ..,., `........iye:• •tL • : adOCtiotel hrsiu a 0,66d. 2•yesp.I4'3000 swiss 01.0.1 $2,4 of Uhl • .. . tr -SinsWilisslota,coirt For Ptc/t iifIrtfotiltattoWal. . #1,,iTdirtg.Ntecharoc's Tips. tritral(prts atolOts, : jeisrillikServi'ee.; -KES.THE TR IJtK l Ratings and Specifications 1101151. RA110 1000 RDS Close RRDo 2100 IDS Cos Ratio 220010S Clop Ratio 2300 ROSA Cbu Ratio 2500 IDS -oN/oMNlpl.a, W/89Ratio -Ram With Raft 3000 RDS PARR PAWL m No Tea N0 MARRIP ITT POWER' law) 3004 (224)' 300' (224)4 300'' (224)' 325' (242)4 MAR INPUT T0R001' 550 (746) 550 (741) 550 (746) n/a NO 300 024) 550 (746) No 300 (224) 550 (746) MAR O3PUT TORQUE W/Sd 0R T0000E L1M111N0u 4W IN•w) 120 (841) 120 (841) 620(841) 450 (610) 120(141) 515 (711) MAX TURIINE 70R0UP *ft IN•.) 150 (1152) 880(1152) 850 (1152) 810(1152) MAX GYM M 11'1 19,500 (8.845) 21,000 (11,100) 28,000 (11,800) 33,000 (15,000) MAX CC11 M np 28,000 (11,800) 28000 (11,800) 26,000 (11,800) 33,000 (15,000) 850 (1152) 33,000 (15,000) 33,000 (15,000) 150(1152) 24,200(11,000) - i -110 2000(2710) 300(447) oP`irN/,t 3rTAP01s YdOVrCIGH 113110141 IMaI WW1 14111•.1 PONTA CAPACITY II Inn anon 1100(170) 1200 (t707) 1100(14101 -Od/DH Mrwq Class Mt -allldnq c ..iatio -1lwY CbWIRa1b -Rtb' Pass Mt -fPldd4P10.NCT Cb,sht10 3500 IDS 3/' n/a n/a n/a n/a 370 (276) 370(276) 370(71) 370 (278) 370(71) 1100 (1491) 1100 (1491) 1100(1451) 1100 (1491) 1210(1195) 1250' (1695)' nste (1115)4 1250'(1615)' 1250' (1115)4 n/a 1600 (2169) 1800 0111)_ 1800 (2119) 1800(2189) 1700 (2305) 10.000 (38,2181 10,000 (36288) 12,000 (28,123) 12,000 (21,123) 80,010 (38,288) 80,000 (38281) -WOWIISAW61 weld, Ratio -New WIdsb,tto -Robes WId,Ratb -sp.dAI/P10,NET viva Ratio 4000 ADS n/s NI n/a n/s 300 (224) 300 024) 300 (224) 315 (235) 800 (1015) 100 (1015) 800 (1085) 950 (1211) n /a a/a non n/a 1420(1925) 1420(1925) 1420(1925) 1450(1911) /0,000 (38,258) 80,000 (36288) 60,000 (27,216) 80,000 (27,218) -04/01T14104/4! Ck»hOo a/a 550(410) 17700400) -Robe. G01I Ra11D n/a 500 (373) 1550 (2102) -saw*/ PIO Class 1110o Ns 550 (410) 1771)(2400) -1(r Pm Belo n/a 100 (447) 1850 (2508) 4500 RDS n/a Na Na 0/a 2600 (3525) 2450(3322) 2800(3525) 2800(3525) -01/ONNId1Nry WIdlRatio -Mors WWIR11tio -Smithy WldaRata -NET Who Into 4700 IDS 3/a 550 (410) 1850 (2237) 1770' (2400)' 2450 (3.322) Na 500 (373) 1550 (2102) n/a 550(4101 1150(2231) 0/1 800 (447) 1600 (2237) 1850' (2501)' 2600 (3525) N /1 2450(3322) 1770' (2400)1 2800 (3525) -04/Dff11brw47 Widest0100 -AR7w Widest Rath .l(T mein Ratio n/a n/a n/a 550 (410) 500 (373) 600(447) 1770 (2400) 1550 (2102) 1350 (2508) n/a n/a n/8 2800 (3520) 2400(33221 2800(3525) tMr idle AphrWI11111Wfetl1WI. /Mom/.rttdlola rp wrtweN..A AVMsligooYlMr raMM11WMAYoA.A 4Mw/w1wr11►CN3L11M1f1111*MCC I.tl porAw WWI NONA 1abN.M18111, 111BLItSw11.r1adNwM1111rtYn I l.lrrAllrtlarr.#NmM1L.w1r.. wont con .an* *A a.aW.cum FP..Oq N1rY71,11b3PnbindPt ( to?? CAWS I00ft 1000 RDS, 210010$ 7200 IDS, 2300 EIS MOT SWIM MI MU 11711 MTTN It/013 MUM 3.13:) 121:1 1.41:1 1A3:1 0.71:1 - - •4.411 2500RD3 3000103 3500105 4000 IDS 4510 MS 4700 NOS 3.51:1 3At1 436:1 3,51:1 4,70:1 7,s3:1 UOI 128:1 225:1 1.11:1 221:1 3.51:1 1,44:1 1.41:1 1.541 1A3:1 1.531 111:1 1.00:1 1.001 1.001 1.001 L ODI 1A3:1 0.74:1 0.731 0.75:1 0.74:1 0.76:t 100:1 015- :1 0i5:1 0.641 017:) 0.74:1 0.14:1 -SA1:1 •5231 •100:1 •480:1 a191 410:.1 Kelly Equipment, January 16, 2008, 11:30AM City of El Cajon, Bid Number 029-08 Color Logo Indicates Original Document Page 23 of 31 • 510 -Madre _Law 4000' 100 (447) 5M(373) 400 (2M) -NOWA 1100 (170) e00 (447) -Low 1100(171a) SOO(373) Ylw•rrneoq Polk* w4711 rot '��CSf :`.GrtYl li.F.n E?(;"I`icarroA:( r1(NOilt 2000 1000 4000 TM1.( C00Wenl TC•210 TC•211 19,221 1G322 17410 TC•211 TC•221 10.272 79,411 TC.413 TC•415 TC•417 1C•411 TC•4n 70./21 1Cf21 10.131 TC•S41 10.531 T0•511 OONm*I nutnloe 3.05 2.00 1.73 121 305 220 1.73 1.51 2.71 2.44 225 220 111 121 1.71 2.42 724 110 1.7, ISI V7,t1 (APLrns 110111 1000 2100/2200/2300 2500 0ll1010 00100101►L30 MWIu (r1.) 2200.1800' 220l.4owN 220a3200 3000/3500 2000-2100 "4000/4500/4700 17002300 G.►re.1t1016.1p.mr. PM Lrrn,ar1110,•meow *win eqoPosoo nit Ilowsmi no P.M.w. lilt MLt0111 DIM OVI►OTSMar(spn, M1141.. (71•1 500• 2Q 5000 500.020 5000 soa120 4500 500.100 3800 500800 - S TAs0A00 TAT.: T3X 297i,PADV4312pe•go:cDp1,7P,7P1(iNA^';:.•. 1/1110011 10011100 ►10 70*000N1 00[WL01t0N 1u0 1000 2D00 3000' 4000' IRO Mrl, Plar•raO1F. Ian N11a 3 and 9 ddodl 3and 9dcbck 4and 8ddack 1 and 8 o'clock LOMITA• 00nt OIAO 01TM0 WTI/Ion PTO 4f1(N•.1 250(339) 250(131) 485 (86() 615 (930) 00W(MAI 0411111 WTTN TWO PTOS 1.4t(N•r) 200(271) 200(271) 685 (930) 1173 (1515) ..^HTSh0I OLS76IP41711.;✓ • /urnw/rALaON cL PAN/1011 11mT, IMP 10 'Ammo Y(5N 010Y( llebkM 1UOIne En11ne DMA 1000 2000 3000 4700 -S1.IN43 omit' -1131.41.1.. ' 4311142 moony Alt NA 2 moon' W0,PTO 441f WnArdnlw.d/ -WN1110I Mr& -1w1..F4n 4000 .111t1►TOW/ 4500 -WNa itsrlsruff 11I11R0►Mardot -IMkarN MTh PTO not/ WM rehrr.y/ with IIOanly& 21.01 (7114) 212/02111 21.01 (711.4) 2111(721.11 2111(711A) 320(125.4) 2121 MIA) 32.41(125A) 3014m53) 33.42( 411) 3034 MS.4) 3322 (Ntt) 40.11 (1031.1) 43A1(11041) 4011(1031.1) 43.41(1104J) I Leon twwndfioopeolymPCy Mt/1pnrPlt IASI arlt CAPACITY, mr s (rater.) 1122 (2141) 10.71(272.0) 1127 (214p ID.71(272A) 1122 014.1) 10.7) (272.0) 1122 )214.1) 10.71(272A) 11.14 r2t7.1) 11.14 (213.1) 11.14(203.1) 11.14 (213.1) 13.17(334.11 13.17 (334.1) 13.17(334.1) 13.17 (334.1) 1210 (3272) 1210 (327.11 12.10(327.1 12.10(327.1) 1475 (374.7) 14.71(374.7) 1475 (314.7) i4.71 (374.7) 1421(3711/ 14.110711) 14.41(2712) 1421(3711) a 0t01.Fmtdtent n..M,W wenn. Sr#13:M': rIn'CON PATH Loll CIn.M177 PATTI AO MO 330 (1501 330 (150) 330 (130) 330 psi) 335 (243) s75 (210 613 (2711 155 (21n 1)1 (377) 113(403) MI (4111 /01(431) 1017 (403) 1141(321) 1102 (327) 1224(555) (1671MKC CIL (3I7 (01011a1) 1000 SobOn twiner -attain. 5 (4.7)' 2000 slkt0n CaNnr -Dory Mtn S(4.7p 3100 tre a at. 29 (27)' 40M/4500 •D'nolturea 4►TO 51(48N -Doe0111r, 41(45)' 4700 Intstr.l Inters! Stuaad Intesisl Intersi SlanluC 0roolrwnd Pro 54(51)' -awe0a Mtw 51(4811 ReLIMwnINof2pet r,Rowlet inTmS)nfr7132tsmem,w,l,.,,nt iO1Mopll(*jrnhnwm Moom{ olk boos Atte*. L1.wmrdnrnr,r 3MMl not.,. IAmon M•hoonow o irso..bIR wlta.aaa Cannot and Tteni(nd an tnd.,nsrb, of 17 Lubricants Mnerka. Inc tend under Ikmer. Super Products Word rid. Yactnrm TICMio opy aw.�so Asower hod COO •a,M dMaMn CAMEL DURATECH:' INDUSTRIES • 4,vrirti U.B Companies, Inc. O=! K PRESSURE WASHERS v aOIaaIWINIAeIewc AVOlkalta .. Lai. a • Product Line Ticket 1884 Woodlavvn Street Upland, CA 91786 Tel. 909.920.4557 Fax. 909.920.4558 sean@kellyequip.com www.kellyequip.com MECHANICAL STREET SWEEPERS • SCHWARZE M5000- 5 CUBIC YARD HIGH DUMP DUAL ENGINE SWEEPER • SCHWARZE M6000SE- 5 CUBIC YARD SINGLE ENGINE HIGH DUMP SWEEPER • SCHWARZE M6000TE- 5 CUBIC YARD DUAL ENGINE HIGH DUMP SWEEPER REGENERATIVE AIR SWEEPERS • SCHWARZE A8000- 5.2 CUBIC YARD HIGH DUMP DUAL ENGINE SWEEPER • SCHWARZE A7000- 8.4 CUBIC YARD LOW DUMP DUAL ENGINE SWEEPER • SCHWARZE A4000- 4 CUBIC YARD HIGH DUMP DUAL ENGINE SWEEPER ALTERNATE FUEL SWEEPERS • SCHWARZE M6000CNG - 5 CUBIC YARD SINGLE/TWIN ENGINE HIGH DUMP SWEEPER • SCHWARZE A8000CNG- 5.2 CUBIC YARD HIGH DUMP DUAL ENGINE SWEEPER • SCHWARZE A7000CNG- 8.4 CUBIC YARD LOW DUMP DUAL ENGINE SWEEPER PARKING LOT AND INDUSTRIAL SWEEPERS • SCHWARZE S-348LE- 3.8 CUBIC YARD HIGH DUMP VACUUM SWEEPER • SCHWARZE S-348I- 3.2 CUBIC YARD HIGH DUMP VACUUM SWEEPER • SCHWARZE S-347I- 3.2 CUBIC YARD HIGH DUMP VACUUM SWEEPER • SCHWARSE S-333SE- 4 CUBIC YARD HIGH DUMP SINGLE ENGINE VACUUM SWEEPER • MB COMPANY ROAD BROOMS- TOW BEHIND, PUSH BROOMS AND KICK BROOMS SEWER AND CATCH BASIN CLEANERS AND HYDRO -EXCAVATION EQUIPMENT • SUPER PRODUCTS- CAMEL TRUCK MOUNTED SEWER AND CATCH BASIN CLEANER • SUPER PRODUCTS- CAMEL JET TRUCK MOUNTED SEWER CLEANER • SUPER PRODUCTS- CAMEL VAC TRAILER MOUNTED CATCH BASIN VACUUM ASPHALT PATCHING EQUIPMENT • ROADPATCHER- AUTOMATED AND TRAILER MOUNTED ROAD PATCH UNITS • DURAPATCHER- TRUCK AND TRAILER MOUNTED ROAD PATCHING UNITS HIGHWAY AND INDUSTRIAL MOWING EQUIPMENT • ALAMO INDUSTRIAL- ROTARY, FLAIL, AND SICKLE BAR TYPE, TRACTOR MOUNTED UNIT • DIXIE CHOPPER- THE WORLDS FASTEST LAWN MOWER- ZERO RADIUS RIDE ON MOWERS Nolie STEAM CLEANERS/PRESSURE WASHERS/STEAM GENERATORS • SIOUX STEAM CLEANER CORPORATION- COMPLETE LINE, CUSTOM CONFIGURATIOII d m • HYDRO TEK- SKID AND TRAILER MOUNTED, COMPLETE SOLUTIONS FOR SURFACE �/M v 4 o aC lJ V 0 2 00 �' , m .ti v co CO �, o u 0 N NOto. To REFUSE AND RECYCLING EQUIPMENT • DURATECH INDUSTRIES- INDUSTRIAL TUB GRINDERS • DURATECH INDUSTRIES- TROMMEL SCREENS • DURATECH INDUSTRIES- COMPOST TURNERS • PERKINS MANUFACTURING- CART TIPPERS FOR REAR AND SIDE LOADING REFUSE' TRUCKS z o Ca 8 0 C 26 Naar Competitive Advantages of the Schwarze A7000 • Has the Schwarze-exclusive, patent -pending WhisperWheet 6m fan system, with up to 7% more power, 20% less fuel usage and 70% less noise. • Uses a closed loop, or `regenerative air,' sweeping system to minimize amount of dirty air exhausted outside the sweeper. VYH/.SFEFI 'WHEEL • Sweeps -in -Reverse sweeping capability saves time, is better fdr the environment and reduces operators' liability (sweeping head stays down when sweeper is backed up). • Schwarze's patent -pending Gutter Broom Extension Override" is available as an option. This ground -breaking innovation puts a broom in the sweeping head ahead of the air blast and suction. • Is equipped with a 12 volt backup hydraulic system. This allows dumping without use of dust -creating auxiliary engine, as well as lifts the sweeping head and brooms for transport in the event of a hydraulic system failure. • Biggest, most well designed and protected hydraulics anywhere. • Modular design for easy maintenance. • Self-cleaning dust separators which are 1/3 larger. This means: • Longer fan life • Less dust • Longer hopper life • Corrugated, 'sawtooth' screen has more area, for more air flow. • Widest sweeping path in the industry. o • Schwarze engineering provides a cleaner debris dump. Q p 0 • Dual curb brooms may be operated simultaneously. • E 4 • Large 14 inch intake and exhaust hoses minimize plugging. g a • 7,5 • The A7000 sweeper is backed by Schwarze Industries' unequalled Z o 61 commitment to customer service and support. m 0 m W 0 SCHWARWilemrst Yc�t° 02002 Schwarze Industries. Inc. all rights reserved • updated 6/02 27 swim. Announcing Schwarze WhisperWheel" Technology New Innovation Combines Quieter Operation with Increased Performance and Fuel Economy Schwarze Industries, Inc. is proud to announce the newest breakthrough from its research and development team, the patent -pending WhisperWheelsm sweeping system. Although there is no noticeable external difference, engineering modifications include the blower fan, the fan housing and the entire airflow design. The Schwarze-exclusive WhisperWheelsm sweeping system increases pickup power by 7%, provides auxiliary engine fuel savings of up to 20%, and reduces sound output by over 70% (as compared to 1997 models) . WHISPER WHEEL T_ ;•yCLCGY "We have conducted detailed sound tests throughout the spectrum, with and without gutter brooms, at a variety of rpm levels, etc.," said Mark Schwarze, company president. "The results are very conclusive. Our extensive testing process shows that our new WhisperWheelsm system virtually removes the 'noise stigma' from our line of air sweepers. "The WhisperWheelsm is now being installed onto all of our air -based models, m including the A4000, A7000 and A8000 in our regenerative air municipal line, and our S348, S347, S347Lite, and S343 parking area air sweepers. Because of the noise problem that exists throughout the United States, I think time will prove m this to be one of the most significant advances made in the industry. The addition o 5 of the WhisperWheelsm system clearly solidifies Schwarze Industries' position as a the world's leader in the advancement of sweeping technology." = O C Z N � = r For complete information about the industry -leading WhisperWheelsm fan system, 1 call your local Schwarze authorized dealer. More information on the WhisperWheel,sm as well as the entire Schwarze product line, is available at the > dZo company website, located on the Internet at: http://www.schwarze.com. 02002 Schwarze Industries. Inc. all rights reserved • updated 6/02 Schwarze Industries' Founder, Bob Schwarze, Tells the Company's Success Story page 1 of 5 In fewer than 25 years our company, Schwarze Industries, Inc. has gone fri2m its initial start-up to becoming one of the largest sweeper manufacturers in the world. It didn't happen overnight, but through the combination of offering a quality product, stressing service after the sale, and being part of the rapidly increasing market for commercial litter removal and area maintenance, we have seen the demand for our product expand rapidly. How we got started into the sweeper business is a story of the American Dream, recognizing a need and finding a way to fill it. Here's how it happened: In 1963, I was working as a dispatcher for the Boeing Company in Huntsville, Alabama. One day, while eating at a fast food restaurant, I observed some employees in the parking lot picking up trash by hand. I couldn't help but wonder how owners of large lots dealt with this problem. The question remained on my mind, so I contacted the owner of the largest shopping center in the city. He confirmed my suspicions: "That's the biggest headache I have," he told me. "Please give me a price for a seven -day -a -week service!" Encouraged, yet somewhat surprised by his answer, I asked five other parking lot owners and managers the same question and got similarly encouraging responses. On the basis of those responses, I decided that there was obviously an opportunity in the asphalt cleaning business if a person had some equipment to do the job. I set out to see what was on the market to sweep parking lots. The only dealer of sweeping equipment in the area handled just large, mechanical broom sweepers. These machines, I later learned, were designed for heavy rock and gravel street sweeping - not parking lot cleaning. As the saying goes, 'Ignorance is bliss.' Not knowing I was getting the wrong machine for the job, I made the largest purchase of my life and was suddenly in the parking lot sweeping business. For five years, I put up with the costly and impractical mechanical broom apparatus. Not only was it inefficient and prone to breakdown, but I found myself paying top retail prices for dealer - supplied parts even on chassis items. I finally had enough, and started looking seriously for an alternative. I'd heard about the newly -developed concept of an air sweeper, and took a look at what was available. I found that, although there were a few companies manufacturing air vacuum units, the air machines were little more than complicated spin-offs of the expensive brush -type ma- a chine I already owned. 0 What impressed me, 'though, was the basic air flow system that the manufacturers used. That o 4 3 system obviously made the machines a better design for parking lot work. Still, the air sweepers N o 0 didn't have a good vacuum design, and were much more complex (and more prone to break- down) than necessary. What I thought was needed was a simpler, more powerful version, that ! Z o could accomplish light gravel removal without the need for brooms. I had no way of dreaming ; that my next decision was to prove pivotal for the fledgling sweeping industry. E Setting my sights on coming up with a simpler sweeper with a more powerful bg 0 vacuum, I assembled my own design using off -the -shelf parts and a standard o 0 pickup chassis. SCI4 - Y 02002 Schwarze Industries. Inc. all rights reserved • updated 6/02 29 Schwarze Industries' Success Story page 2 of 5 I'll never forget my search for standard components which could be fabricated into a machine that would do the job. The first machine was made of parts assembled from all over the place. For example, the first hopper was a 750 gallon skid -mounted agricultural spray tank! Most other components came from a hardware surplus catalog. The result was an ugly machine that I mounted onto a pickup truck. Surprising even to me, it was simple to operate and amazingly effective. When I started the small gasoline engine and lowered the little sweeping head, I could hear rocks bouncing up the intake tube! And, because it was on a pickup chassis, the sweeper proved to be maneuverable, comfortable and economical. I couldn't believe that my simple design outperformed any park- ing lot sweeper I'd ever seen. I was in sweeper heaven! (We recently repurchased this first sweeper from its owner and restored it. The unit still sweeps surprisingly well, although not when com- pared with one of our newer S-series models.) It wasn't long before I could see many design improvements that I wanted to add. I set out to make a second unit, but was determined not to get drawn toward the over -complexity I'd seen to be the pitfall of all the manufacturers. This resolution to keep the design simple is one we maintain to this day. My second version sported an attractive, custom-built, oval hopper made by a local fabrication shop. Like the first one, it was built to be non -dumping. This meant the operator (me), had to use a shovel to manually unload everything the machines picked up. Fortunately I was some- what used to this, since I had to shovel out my old, so-called 'automatic dump' units so often. Although they were supposed to dump via an electric conveyor, they were so poorly designed that they often broke. At their best, they wouldn't unload a full hopper. I figured that at least the sweeper I had built was designed for shoveling! With the new hopper styling, the unit looked almost sporty. I had learned some lessons that also made it much less expensive to operate, so I soon started fabrication of a third machine. At the same time, I expanded my sweeping business to surrounding cities. It was while sweeping a parking lot in Birmingham, an hour and a half from home, that my design first came to the attention of another contractor. A sweeper operator in an adjoining lot couldn't recognize the brand of my machine, so came o be over for a look. He couldn't believe the performance and simplicity of design. Within thirty days he had placed an order for the first Schwarze Supervac, and I found myself in the manufac- o 0 4.1 CO E turing business. In 1974 Schwarze Industries was incorporated and ready to grow. C.4 o 0 I must say that the simplicity of the Supervac design made it an immediate success. Orders z E 710 mounted steadily on the strength of word-of-mouth advertising alone, and we soon sold our cleaning service in order to concentrate on developing new models. The Supervac was a hit with those who had experience with other manufacturers' products a o but, realizing that the market for sweeper services was expanding rapidly, we W set our sights on educating the general public about the opportunities avail- 2- able as a sweeping contractor. . i �� `"" 02002 Schwarze Industries. Inc. all rights reserved • updated 6/02 30 Schwarze Industries' Success Story page 3 of 5 Recalling my own difficulties as a new sweeping service owner, I was dqtermined that other entrants into the field wouldn't have to make the same mistakes I had. By this time my son, Mark, had become a big part of the business. He had started out washing sweepers, then driving them on our route, then had worked in all phases of the fabrication. In short, he was ready to become part of our management team. I directed him to develop helpful support information to be passed along to first-time buyers. This included material on equip- ment maintenance and troubleshooting, techniques for sweeping and factors to consider in costing and bidding a job. People looking at entering the field of sweeping appreciated this customer -oriented approach, and it wasn't long before the Schwarze customer base surpassed that of our largest competitor. We found that we had captured sixty percent of the contract parking lot sweeping market and over seventy percent of the larger shopping centers that owned their own machines. It was in 1982 that we first considered diversifying Schwarze Industries into the municipal street cleaning market. Because few air -based machines existed with enough suction to clean curbs and gutters effectively, this was an area still monopolized by the broom sweeper manufacturers. We felt that if we could design a sweeper powerful enough to enter this lucrative market, the gains we would make in manufacturing economies would help keep the costs down on our Supervacs, too. We began design work on the largest machine ever built at Schwarze Industries, the Supervac Six. Our in-house design staff put together a machine with a larger capacity, higher suction power, beefier hydraulic components and more auxiliary engine horsepower. In 1983, a little over a year later, we introduced a troublefree working prototype that many users told us outper- formed the industry leader's best municipal machine. We soon gained recognition, and by 1985 our list of happy users included such prestigious names as Boeing Military Airplane Company, the United States Marine Corps, the Republic of Taiwan and a long list of cities and airports. Then, in 1988, Schwarze Industries took another big step when we acquired Aaplex, Inc., a municipal -oriented air sweeper company previously head- quartered in Little Rock, Arkansas. We continued to manufacture and market our municipal line under the Aaplex trade name. (As of the beginning of 1997, all of our products were brought under the good Schwarze name and reputation. What was the Aaplex line is now the Schwarze A -series, our municipal regenerative air sweeper line.) Unlike the direct sales force we previously used to market to contractors and malls, we set up a nationwide dealer network to sell and service A -series sweepers. By splitting our product line, we found that we were better able to give both our groups of customers what they need. 02002 Schwarze Industries. Inc. all rights reserved • updated 6/02 N • GS • O. co E g�o ra 3 z -0 qq* • m at • 0 13 G V 0 W 3 0o x• oo 31 Schwarze Industries' Success Story page 4 of 5 In 1992, a further expansion was undertaken in the municipal arena: Schwarze Industries pur- chased the production rights for the Murphy municipal broom sweeper (now the Schwarze M- series line). Purchase of Murphy helped us to further expand upon our economies of scale in production, and gave us a product we could sell to all segments of the sweeping industry. At that point, we figured that no matter what type of sweeping was required, we could provide a sweeper to fit the need. In 1996, we learned we were wrong in that belief. That was when we were introduced to the astonishing new technology of what was called the 'EnviroWhirl' sweeper. This was an amazing machine that was developed to meet the challenges of the train wreck industry. There, the people who clean up after train wrecks were faced with the need to vacuum up spilled cargo. Because the materials on the ground often included fine material, like coal dust, use of water for dust suppression was never an option. Instead, a farsighted thinker named Ken Wilkerson de- veloped a fine particle filtration, automatic backflushing cleaning system to tackle the job. In 1997, we purchased this technology, along with the ability to build the first true pavement cleaners in existence. These are now called the Schwarze EV-series. They pick up normal street debris, yet also deep clean the pavement of debris as small as 2.5 microns - 1/28 the size of a human hair! Due to the increasing regulations of the US Clean Air Act and Clean Water Act, we are con- vinced the technology embodied in these machines represents the future direction of sweeping. For now, they are also the best way for industry, factories and other high pollution areas to clean their pavement. We are excited about the new directions this technology will allow us to move into; there will definitely be carryover into our current sweeping line. Since the company incorporated in 1974, Schwarze Industries has grown from 6 family mem- bers to a firm employing well over 100 people. We also have an extensive nationwide dealer network throughout the US for our A -series and M-series sweeping lines, as well as dealers for our EV-series machines. The characteristics which guided Schwarze Industries to its present status are now carried on in a new generation. Although I retain an active role in the business as Chief Executive Officer, since 1984 my son Mark has been at the operations helm. I'm pleased to say that Mark shares my emphasis on quality and, in addition to overseeing new product manufacturing and devel- opment, he was the one responsible for introducing the variety of innovative support programs which are now provided free of charge to owners of our sweepers. Mark's mandate is to keep simplicity as our design guide. At the same time, we are continuing our aggressive development of improved product lines, and plan to introduce at least one new improvement per model each year. The recent introduction of our new patent -pending Whis- perWheel S'`' blower fan technology is a good example of that. 02002 Schwarze Industries, Inc. all rights reserved • updated 6/02 `.r/ 32 Schwarze Industries' Success Story page 5of5 The efficiency of our sweeper line, combined with the emphasis we place upon providing an extraordinary level of customer service, has created a very high satisfaction rate among odr customers. On the municipal side, we are making tremendous inroads into market share held by compa- nies whose equipment simply doesn't have the design innovations that ours do. That is a huge market, and we build the machines best suited for doing the job, whether broom or air sweepers are specified. In both the municipal and contracting markets we are becoming more international in scope. Schwarze Industries now has its sweeping equipment operating in more than 35 countries. We have also entered into licensing agreements with companies who are manufacturing our equip- ment in several more. Today the environmental concerns we all face are of paramount importance. As we look toward entering the 21st century, we have designs coming up that will once again redefine the way sweeping is done, and we will be leading the way in developing the most environmentally sensitive sweepers possible. �.. We are confident you will find that Schwarze Industries' engineering department continues to be committed to building a line of sweepers that are safe, simple, efficient and of the highest quality. We pledge that we will retain our strong manufacturing ethics, have a continuing sen- sitivity to clients' needs, and always remain willing to go the extra mile to assure customer satisfaction. These are the qualities which brought Schwarze Industries to the forefront of the sweeper field, and we're not about to rest on our laurels. No matter how good a product or service we provide, we'll always be looking for ways to improve, and if you ever have any ideas along those lines, we invite you to share them with us. Ca11 toll free, 1-800-879-7933, or send an email to support@schwarze.com. 02002 Schwarze Industries. Inc. all rights reserved • updated 6/02 0 m i to n rn m : gm 8 4 u N p c cC y, • w m q C L O C aC o Q W 0 W 0 J t 0 o Y 4-5 0 U 33 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 07, 2009 AGENDA ITEM NO. 8 -- ITEM TITLE Resolution of the City Council authorizing the Mayor to execute an updated Sewer Transportation Agreement between the City of San Diego and National City as one of the Participating Agencies in the Metropolitan Wastewater System. This updated agreement is for the transportation of National City's sewage to San Diego's Point Loma treatment plant for treatment and disposal. (This agreement has no financial impact at this time and any future cost will be funded by Sewer Service Fees) PREPARED BY Joe Smith, Director DEPARTMENT Public Works (Ext. 4587) EXPLANATION The City of San Diego owns and operates the Metropolitan Sewer System for the purpose of treating and disposing of sewage for San Diego and other municipalities within the San Diego region, including National City as a Participating Agency. National City and San Diego's previous Agreement expired on June 30, 1984. The purpose of this new Agreement allows National City to discharge sewage into the San Diego Municipal Sewerage System for transportation to the Point Loma treatment plant for treatment and disposal. This Agreement will also establish the rate to be charged for sewer transportation service, National City's contract capacity in the San Diego Municipal Sewerage System, and the method to allocate capital improvement project costs for future improvements, repairs, rehabilitation, or replacements to the San Diego Municipal Sewerage System. The City of San Diego and the Participating Agencies using the San Diego Municipal Sewerage System have been in negotiations for many months to develop a new Agreement for future sewer -related issues. The attached document, the "Sewer Transportation Agreement", which will supersede the 1984 agreement, is presented for your consideration and anoroval. Environmental Review / N/A Financial Statement Approved By: Finance Director Any future costs that may he associated with this agreement will be funded by sewer service fees and first brought to Council for approval. Account No. N/A STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to execute the Sewer Transportation Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Sewer Transportation Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SEWER TRANSPORTATION AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY AS ONE OF THE PARTICIPATING AGENCIES IN THE SAN DIEGO METROPOLITAN WASTEWATER SYSTEM WHEREAS, the City of San Diego owns and operates the Metropolitan Sewer System ("Sewage System") for the purpose of treating and disposing of sewage for San Diego and other municipalities within the San Diego region, including National City as a participating agency; and WHEREAS, the proposed Agreement allows National City to discharge sewage into the Sewage System for transportation to the Point Loma treatment plant for treatment and disposal, and establishes the rate to be charged for said sewer transportation, National City's contract capacity in the Sewage System, and the method to allocate capital improvement project costs for future improvements, repairs, rehabilitation, or replacements to the Sewage System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Sewer Transportation Agreement between the City of San Diego and the City of National City as one of the participating agencies in the San Diego Metropolitan Wastewater System. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SEWAGE TRANSPORTATION AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO TABLE OF CONTENTS I. DEFINITIONS 2 11. OWNERSHIP AND OPERATION OF TIIE SAN DIEGO MUNICIPAL SEWERAGE SYSTEM 5 III. CONTRACT CAPACITY RIGIITS 9 IV. EXCEEDING CAPACITY I I V. MONITORING 14 VI. TRANSPORTATION CIIARGES 15 VII. OPERATION AND MAINTENANCE CHARGES FOR MUNICIPAL PUMP STATIONS 17 VIII. CAPITAL IMPROVEMENT PROJECTS 17 IX. CAPITAL IMPROVEMENT CHARGES 20 X. NON -ASSIGNMENT 22 XI. DISPUTE RESOLUTION 22 XII. INSURANCE 23 XIII. INTERRUPTION OF SERVICE 24 XIV. JURISDICTION 24 XV. NOTICES REQUIRED UNDER AGREEMENT 24 XVI. EFFECTIVE DATE AND TERMINATION 25 XVII. WAIVER OF BREACII 26 XVIII. GENERAL 26 EXHIBIT A CONTRACT CAPACITY EXHIBIT B FACILITIES USED BY NATIONAL CITY EXHIBIT C UNIT TRANSPORTATION RATE 2 THIS SEWAGE TRANSPORTATION AGREEMENT is made and entered into by and between the City of San Diego, a municipal corporation ("San Diego"), and the City of National City ("National City"). RECITALS WHEREAS, San Diego owns, operates and maintains the Metropolitan Sewerage System for the purpose of treating and disposing of sewage for San Diego and certain other municipalities and districts including Participating Agencies within the San Diego region under the terms and conditions of the Regional Wastewater Disposal Agreement; and WI IEREAS, San Diego also owns, operates and maintains the San Diego Municipal Sewerage System for the purpose of collecting and transporting sewage to the Metropolitan Sewerage System; and WHEREAS, due to the location of National City's sewerage system it is necessary that National City use a portion of the San Diego Municipal Sewerage System to transport its sewage to the Metropolitan Sewerage System; and WHEREAS, San Diego and National City had previously entered into an Agreement which expired on June 30, 1984 under which San Diego has authorized National City to discharge sewage into the San Diego Municipal Sewerage System for transportation to the Metropolitan Sewerage System and under which the parties had operated; and WHEREAS, the purposes of this Agreement are to: 1) allow National City to discharge sewage into the San Diego Municipal Sewerage System for transportation to the Metropolitan Sewerage System; 2) establish a rate to be charged for sewage transportation services rendered by San Diego to National City; 3) establish National City's contract capacity in San Diego Municipal Sewerage System for the use of a portion of the San Diego Municipal Sewerage System; 4) reimburse San Diego for National City's share of capital costs for the Valencia Park Trunk Sewer; and 5) establish a method to allocate the capital improvement project costs of future improvements, repair, rehabilitation, or replacement to the San Diego Municipal Sewerage System as are deemed necessary by San Diego and in consultation with authorized agencies affected by the work on a fair and equitable basis. Sewage Transportation Agreement - 1 - National City City of San Diego 3 NOW, TI IEREFORE, in consideration of the mutual obligations of the parties as herein expressed, San Diego and National City agree as follows: AGREEMENT I. DEFINITIONS The singular ()leach defined term includes the plural. For the purposes of this Agreement, the following definitions apply: Agency Sewerage System means National City's wastewater collection system, which consists of pipelines and pump stations, and collects wastewater within the agency and from other agencies. Authorized Agency means a municipality, district, or agency which has been authorized by San Diego to discharge sewage into the San Diego Municipal Sewerage System (SDMS) under sewage transportation agreement(s) with San Diego. Average Capacity means the average actual amount of discharge of sewage that the National City is allowed under this Agreement to discharge into the SDMS, averaged during a 24-hour period from midnight to midnight in the dry season and expressed as either an average rate of flow in cubic feet per second (cfs) or in million gallons per day (MGD) where 1 cfs = 0. 646317 MGD. Average Daily Flow (sometimes referred to as ADF) means the flow from National City into those portions of SDMS used by National City expressed as an average rate of flow in million gallons per day (MGD) computed by dividing the total gallons discharged during the designated period (e.g., billing period, dry season, month, etc.,) by the number of days within that same period. Best Management Practices means an engineered structure, management activity, or a combination thereof, that eliminates or reduces an adverse environmental effect of a pollutant. Capital Improvement Project (sometimes referred to as CIP) means those items and activities required by sound engineering and management practices, including but not limited to acquisition, planning, design, financing, and construction, for any one or more of the following Sewage Transportation Agreement - 2 - National City .r/d City of San Diego 4 purposes: 1) to alter, change or modify the hydraulic capacity of any part or whole of any existing SDMS facilities; 2) to improve the function and performance of any part or whole of any existing SDMS facilities; 3) to add new SDMS facilities for the purpose of altering, changing, or modifying the hydraulic capacity, or improving the function and performance of the SDMS; or 4) to perform a major repair on or replace any existing SDMS facilities. Capital Improvement Project Cost means costs associated with capital improvement projects. Contract Capacity means the amount of sewage National City is allowed under this Agreement to discharge into those portions of SDMS used by National City, up to the limits set forth in Exhibit A and expressed in terms of average capacity and peak capacity. Contract capacity as defined in this agreement shall refer to capacity only in the SDMS, and is separate and distinct from contract capacity in the Metro system as referenced in the Regional Wastewater Disposal Agreement. Design Capacity means the maximum flow which can be conveyed through a pipe segment when the ratio of depth of the flow to the diameter of the pipe segment (d/D) equals 75% for pipe segment 18 inches or greater, or 50 % for pipe segment 15 inches or smaller. The design capacity of a sewer line is determined based on the "length -weighted" average of design capacity of all pipe segments in the sewer line. In the case of a pump station, design capacity means the maximum flow that can be pumped using the main pumps, excluding the back up pumping capacity. Dry Season means the period from May 1 through September 30. Fiscal Year means the period from July 1 through June 30. Flow means the amount of wastewater, including inflow and infiltration, which is discharged into the SUMS by San Diego, National City, or any other authorized agency. Flow may be expressed in million gallons per day (MGD) or cubic feet per second (cfs). Infiltration means water other than wastewater that enters a sewerage system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections or manholes. Infiltration does not include, and is distinguished from, inflow. Sewage Transportation Agreement - 3 - National City City of San Diego 5 Inflow means water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. LAFCO means the San Diego Local Agency Formation Commission. Metropolitan Sewerage System (sometimes referred to as the Metro System) means those facilities and contract rights to facilities which are described in the Regional Wastewater Disposal Agreement, Document No. 00-18517, filed May 18, 1998, or as amended. Operation and Maintenance (sometimes referred to as 0 & M)means those items and activities required by sound engineering and management practices to maintain the hydraulic capacity, function, and performance of SDMS facilities. Operation and Maintenance Costs means the costs of operation and maintenance including, but not limited to, annual costs associated with administration, operation, maintenance, replacement (non-CIP), annual premiums, claims payments and claims administration, and overhead. Parties means San Diego and National City. Peak Contract Capacity means the highest amount of discharge of sewage that the National City is allowed under this Agreement to discharge into those portions of SDMS used by National City, measured in fifteen (15) minute intervals and expressed as either a rate of flow in cubic feet per second (cfs) or in million gallons per day (MGD) where I cfs = 0.646317 MGD. Peak Flow means the highest actual instantaneous flow as measured in fifteen (15) minute intervals at a metering device expressed as either a rate of flow in cubic feet per second (cfs) or in million gallons per day (MGD) (1 cfs = 0.646317 MGD). In the event of a dispute, cubic feet per second (cfs) will take precedence. Regional Wastewater Disposal Agreement means the "Regional Wastewater Disposal Agreement between San Diego and the Participating Agencies in the Metropolitan Sewerage System," Sewage Transportation Agreement 4 National City r% City of San Diego 6 Document No. 00-18417, filed May 18, 1998, with the Clerk for the City of San Diego or as amended. San Diego Municipal Sewerage System (sometimes referred to as SDMS) means San Diego's wastewater collection system, which consists of pipelines and pump stations, that collects wastewater within San Diego and from the National City and other authorized agencies and conveys it to the Metropolitan Sewerage System for treatment and disposal. SDMS' Facility means each element of the SDMS used or useful for the transportation of sewage, including but not limited to transmission lines, force mains, trunk sewers, interceptors, and pump stations. Sewage means wastewater and its commonly constituent substances. Sewage Transportation Service means the transportation of sewage from the point of discharge into the SDMS to the Metropolitan Sewerage System. Transportation Charge means the amount paid by National City to San Diego for the transportation of flow in the SDMS to the Metropolitan Sewerage System. This charge includes operation and maintenance costs but does not include capital improvement project costs. Unit Transportation Rate means the amount per unit distance (mile) of length of gravity sewer charged for sewage transportation service. II. OWNERSHIP AND OPERATION OF THE SAN DIEGO MUNICIPAL SEWERAGE SYSTEM A. Rights of the Parties 1. San Diego is the owner of the SDMS and of any additions to the SDMS or other facilities constructed pursuant to this Agreement. All decisions with respect to the planning, design, construction, operation and maintenance of the SDMS shall rest with San Diego. If National City's contractual right to use the SDMS is adversely impacted by the planning, design, construction, operation and maintenance of any part of SDMS, National City shall have the right to review and comment on these issues prior to any modifications to the . Sewage Transportation Agreement - 5 National City City of San Diego 7 subject portions of the SDMS. (However, National City shall only have a contractual right to use the SDMS as set forth in this Agreement. 2. Subject to the terms of this Agreement, and in conformance with all applicable laws, San Diego may transfer ownership of all or part of the SDMS at any time. San Diego shall not transfer or agree to transfer any part of the SDMS transporting sewage from National City without reserving National City's rights granted by this Agreement. In the event of a transfer, San Diego's successor in interest shall be bound by the terms of this Agreement. 3. Subject to the terms of this Agreement, National City may transfer or assign its rights and obligations under this Agreement. Any such transfer must first, however, be approved by San Diego by written agreement. National City may not transfer its rights if San Diego determines, after consultation with National City, that the proposed transfer will imbalance, or will otherwise adversely impact San Diego's ability to operate the SDMS or the Metro System. B. Duties of San Diego 1. Subject to the terms of this Agreement, San Diego agrees to provide sewage transportation services to National City for the contract capacity set forth in Exhibit A. 2. San Diego shall operate the SDMS in an efficient and economical manner, and maintain it in good repair and working order, all in accordance with recognized sound engineering and management practices. 3. San Diego shall comply with all applicable laws, rules and regulations. 4. San Diego shall collect and receive all money paid under this Agreement in connection with the SDMS and disburse all money spent in connection with the SDMS. C. Funding Obligations Nothing in this Section or in this Agreement shall obligate San Diego to make any payment for the acquisition, construction, maintenance or operation of the SDMS from monies derived from taxes or from any income and revenue of San Diego other than monies in, or sewer Sewage Transportation Agreement - 6 - National City V City of San Diego 8 revenues which go into, the Sewer Revenue fund for the SDMS, and from construction funds derived from the sale of sewer revenue bonds or other sources of sewer funding for the SDMS as are duly authorized. Nothing in this Agreement shall be construed to obligate San Diego to pay from its annual income and revenues any sum that would create an indebtedness, obligation or liability within the meaning of the provision of Section 18 of Article XVI of the Constitution of the State of California or Section 99 of the San Diego City Charter. Nothing in this Section, however, or in this Agreement shall prevent San Diego, in its discretion, from using tax revenues or any other available revenues or funds of San Diego for any purpose for which San Diego is empowered to expend monies under this Agreement. Nothing in this Agreement shall be construed as a limitation upon the powers of the City of San Diego as a Charter City of the State of California. D. Financial Statements 1. San Diego shall keep appropriate records and accounts of all costs and expenses relating to the collection and conveyance of sewage and the acquisition, planning, design, construction, administration, monitoring, and operation and maintenance of the SDMS. Upon written request, said books and records shall be subject to reasonable inspection by any duly authorized representative of the National City at its expense. 2. National City may audit these records for a three fiscal year period previous to its request, at its own expense. 3. San Diego shall make its Comprehensive Annual Financial Report as it relates to the SDMS available to National City. E. Limitations on Type and Condition of Sewage 1. National City shall not discharge or allow to be discharged, any sewage or wastes into the SDMS which do not meet the standards established by appropriate San Diego ordinances, resolutions, rules and regulations. National City shall also comply with all applicable statutes, rules and regulations of all agencies of the United States of America, including the Environmental Protection Agency, and all agencies of the State of California Sewage Transportation Agreement - 7 - National City City of San Diego 9 having jurisdiction over the collection, transmission, treatment and disposal of sewage and other wastes in the SDMS. 2. National City shall not allow, to the extent practicable, excessive inflow and infiltration to be discharged into the SDMS. For purposes of this Section, "excessive" means any amount that causes National City to exceed the limit of peak capacity set forth in Exhibit A. 3. National City shall not allow, to the extent practicable, the discharge of any waste, pollutant, inflow, or infiltration into the SDMS that is prohibited by ordinances, resolutions, rules, or regulations of the United States of America, including the Environmental Protection Agency, the State of California, and San Diego having jurisdiction over the collection, transportation, treatment and disposal of sewage and other wastes in the SDMS. 4. National City shall not discharge any sewage originating outside the boundaries of National City into the SDMS without the prior written consent of San Diego except for sewage from recreational vehicles, motor homes, trailers, or from businesses that pump sewage from private septic systems, that otherwise complies with the requirements of this Agreement. 5. If a regulatory agency with appropriate jurisdiction imposes any penalty or takes other enforcement action related to the transportation of sewage or other matter in or from the SDMS, San Diego shall determine, in active consultation with impacted parties, whether San Diego, National City, or any other authorized agency caused or contributed to such penalty or enforcement action. Based on this determination, San Diego shall allocate the penalty or other relief, including the cost of defense, to the party or parties responsible. Each responsible party, whether San Diego, National City, or another authorized agency, shall pay its share of the penalty or other relief, and any costs of defense as reasonably determined by San Diego in active consultation with impacted parties. If San Diego cannot make an allocation based on responsibility, the cost of the penalty or other relief shall be shared by San Diego, National City, and any other authorized agency involved based proportionately on their respective average daily flow into the SDMS Sewage Transportation Agreement 8 National City City of San Diego 10 6. After consultation with San Diego, National City shall be required to install rock trap screens and odor control devices at sites connecting to the SDMS. San Diego shall request the installation of rock traps in writing and shall allow a minimum of 120 days for installation after the initial request is made. III. CONTRACT CAPACITY RIGHTS A. Amount of Contract Capacity In consideration of the terms and conditions of this Agreement, National City shall have a contractual right to discharge sewage into the SDMS up to the contract capacity described in Exhibit A, provided, however, this shall not confer on National City the right to discharge any substances otherwise prohibited by this Agreement into the SDMS. B. Projected Flow and Capacity Report On or before September 30th of each year during the term of this Agreement and upon the request of San Diego, National City shall provide San Diego with a ten-year projection (by fiscal year) of its average daily flow for dry season, peak flow and capacity requirements in those portions of the SDMS used by National City. The peak flow projection should be based on the ten-year return wet weather flow estimation. If at any time during the ten-year projection National City is projected to exceed its average and/or peak capacity allotted under its contract capacity, National City shall develop and submit a plan of action and an implementation schedule to San Diego for its approval and acceptance. At a minimum, the plan shall describe National City's future needs for contract capacity for the next ten (10) years and if necessary, propose mitigation measures which may be required of National City to facilitate its future needs for capacity including but not limited to increases in capacity through capital improvement projects or taking other measures such as the construction of peak flow retention structures or re- use facilities to reduce National City's flow into the SDMS. In the event that San Diego disagrees with the ten-year projection, the plan of action, or the implementation schedule provided by National City, the parties shall meet in good faith and attempt to reconcile their differences for a period not to exceed six months from the date National City submits its peak flow projection. If the parties fail to reach an agreement after Sewage Transportation Agreement - 9 - National City City of San Diego 11 six months, San Diego may independently develop a notice of determination and proceed with the procedure set forth in Section VIII.B.3. C. Other Planning Information On or before September 30th of each year during the term of this Agreement and upon the request of San Diego, National City shall also provide San Diego with a 50-year projection (by fiscal year) of its average daily slows for dry season in those portions of SDMS used by National City. D. Requests for Additional Contract Capacity If National City desires to purchase additional contract capacity and San Diego is willing to sell additional capacity pursuant to Section IV.B.3, or to create additional contract capacity pursuant to Section VIII.B.3 of this Agreement, National City agrees to pay transportation charges for the additional flow, as well as National City's proportionate share of capital improvement project costs for existing or new SDMS facilities as may be necessary to provide the additional contract capacity. The decision of whether to sell or create additional contract capacity for National City, however, shall be at the sole discretion of San Diego. National City agrees to submit a written request to obtain and purchase the additional capacity needed in accordance with the procedures set forth in Section VIII of this Agreement. E. Transfers of Contract Capacity National City may buy, sell or exchange all or part of its contract capacity to or from San Diego or other authorized agencies on such terms as they may agree upon provided that San Diego shall be notified prior to any transfer. Any transfer shall be first approved in writing by San Diego. No contract capacity may be transferred if San Diego determines, after consultation with National City, that said transfer will unbalance, or will otherwise adversely impact San Diego's ability to operate any SDMS facility or the Metro System. As a ministerial matter, San Diego shall amend Exhibit A from time to time to reflect approved transfers of contract capacity, and provide National City with an updated exhibit. Sewage Transportation Agreement - 10 - National City NoOf City of San Diego 12 IV. EXCEEDING CAPACITY A. Limitations on Capacity During the term of this Agreement, National City shall have the right to discharge sewage into the SDMS in an amount not to exceed its contract capacity set forth in Exhibit A. San Diego is not obligated to receive from National City, nor is National City privileged to discharge into the SDMS, any amounts in excess of National City's contract capacity permitted under this Agreement. B. Good -Faith Contract Capacity Discussions l . The parties recognize that appropriate capacity and long term planning are essential for the proper provision of sewage transportation service. The parties further recognize that it is very difficult to forecast and measure the resulting damage to San Diego and the SDMS if National City exceeds its contract capacity. Therefore, if San Diego notifies National City that it has exceeded its contract capacity, either average capacity or peak capacity as set forth in Exhibit A, at any time during five or more days (from midnight to midnight) in any consecutive 90 day period, National City shall develop and submit a plan of action and an implementation schedule to San Diego for its approval and acceptance. At a minimum, the plan shall describe how National City proposes to stay within its contract capacity or how National City proposes to increase its contract capacity in the SDMS. National City's proposals may include, but are not limited to, increasing available capacity through participation in SDMS capital improvement projects, purchasing or transferring capacity from San Diego or an authorized agency, taking other measures such as the replacement of National City system components experiencing infiltration and inflow and/or construction of peak flow retention structures or re -use facilities to reduce National City's flow into the SDMS. 2. In the event that National City fails to submit the aforementioned plan of action and implementation schedule within six (6) months of the date National City is notified by San Diego, or if San Diego reasonably determines that the submitted plan and schedule are insufficient or untimely to adequately address the matter, San Diego shall independently develop a notice of determination pursuant to Section VIII.B.3. Sewage Transportation Agreement - 11 - National City City of San Diego 13 3. In the event that sufficient capacity is available in existing infrastructure, such capacity may be made available to National City, at the discretion of San Diego, upon payment commensurate with the required additional capacity. In addition to the transportation charge for the additional flow, National City shall pay its proportionate share of capital improvement project costs for existing SDMS facilities used by National City under this Agreement, including but not limited to the types described in Section VIII. National City's additional share of capital improvement project costs shall be based upon the relative additional amount of National City's peak capacity as it relates to the design capacity of the respective SDMS facilities according to the following formula: National City's estimated share of capital improvement project costs = (AB) x C Where: "A" is National City's additional peak capacity; "B" is the design capacity of the SDMS facilities; and "C" is the capital improvement project cost of the SDMS facilities, expressed as the original cost unless the facilities had been rehabilitated, in which case the cost of rehabilitation shall be added to the original cost. In N.s/ the case of replacement, the replacement cost shall be used in lieu of the original cost for the portion of the facility that has been replaced.. C. No Limitation of Municipal Powers San Diego has sole discretion to determine how to operate the SDMS in a safe, efficient and environmentally sound manner to avoid any risk to the health, safety and welfare of the public. Therefore, nothing in this Agreement shall be construed as precluding or limiting San Diego from taking any action reasonably necessary to prevent flow from National City from endangering the health, safety, or welfare of the residents of the City of San Diego. D. Diversion of Flow 1. Nothing in this Agreement shall preclude National City from diverting all or part of its flow from the SDMS. However, prior to such diversion, National City shall notify Sewage Transportation Agreement - 12 - National City NO City of San Diego 14 San Diego in writing at least six (6) months in advance and enter into an agreement with San Diego that, at a minimum, will require National City to pay its proportionate share of outstanding capital improvement project costs, if payment of such outstanding costs upon diversion of flow is not already addressed by separate agreement pursuant to Sections VIII.B.2.c or VIII.B.3.c. National City will also be responsible for all transportation charges owed by National City up to the time of diversion. 2. In no event shall National City's diversion of all or part of its flow from the SDMS entitle National City to any refund of previously remitted payments for capital improvement project costs, or forgiveness of amounts owed, if any, to San Diego for existing or increased contract capacity. National City shall, however, retain such contract capacity and may transfer such capacity rights to another authorized agency, subject to San Diego's approval. National City's contract capacity may be reduced or eliminated by future capital improvement projects: a. If a capital improvement project replaces a facility in which National City has contract capacity, National City's contract capacity is extinguished. b. if a capital improvement project rehabilitates a facility in which National City has contract capacity, National City's contract capacity is reduced in proportion to the amount that the capital improvement project cost, when added to the original cost of the facility, reduces National City's proportionate share of the total cost of the facility. E. Fines and Penalties National City shall be responsible for the violation of any applicable laws, rules, or regulations associated with its discharge of flow into the SDMS. In the event a regulatory agency imposes any penalty or takes other enforcement action relating to the conveyance of flow through a SDMS facility listed in Exhibit B, San Diego shall determine whether itself or an authorized agency or agencies caused or contributed to such penalty or enforcement actions. San Diego shall allocate the penalty or other relief, including the costs of defense, to the authorized agency or agencies responsible. Each responsible party, whether an authorized agency or San Diego, shall be obligated to pay its share of such penalty or other relief, and any costs of defense. Sewage Transportation Agreement - 13 - National City City of San Diego 15 In the event that San Diego cannot make such an allocation, the cost of such penalty or other relief shall be shared by all authorized agencies, including San Diego, using the SDMS facility proportionately based on the amount of flow. V. MONITORING A. Flow Monitoring Devices 1. In most cases, flow monitoring devices arc already installed and paid for through the Regional Wastewater Disposal Agreement. 2. If San Diego and/or National City determine that additional flow monitoring devices are needed beyond any Metro System flow monitoring devices, San Diego shall own and operate the flow monitoring devices as part of the Metro System monitoring devices and allocate costs as identified in the Regional Wastewater Disposal Agreement.. B. Equipment Maintenance San Diego shall operate, maintain, manage and control the flow monitoring device(s) in an efficient and economical manner and preserve them in good repair and working order, all in accordance with recognized and sound engineering practices. San Diego shall provide flow reports to National City on a regular basis but not less frequently than quarterly. Upon written request, San Diego shall provide National City with the record of the field calibration for any meters in question. National City shall have access to the electronic files. C. Unmonitored Flows Where the transported sewage is not monitored, San Diego and National City shall mutually agree upon the estimated amount of flow generated from such service areas. If such an agreement cannot be made, the dispute shall be resolved pursuant to the dispute resolution procedure set forth in Section XI of this Agreement. National City shall keep current and accurate records of the number and types of structures for evaluation of gallons per day for flow into the SDMS lines. Such records shall be made available for San Diego upon written request. Sewage Transportation Agreement - 14 - National City 'ft0f City of San Diego 16 VI. TRANSPORTATION CHARGES A. Transportation Charge 1. San Diego shall charge and National City shall pay a transportation charge at the unit transportation rate, set forth in Exhibit C, per million gallons of flow for each mile such flow is transported in the SDMS. As a ministerial matter, this rate shall be adjusted annually for inflation in accordance with the State of California Economic Forecast Index for the most recent year ending December 31. Revised rates shall take effect July 1 of the following year. In no event will the rate be adjusted more frequently than once each fiscal year. 2. The unit transportation rate will be reviewed by San Diego every five (5) years, commencing from the date of its finalization, to ensure that it does not deviate substantially from actual costs incurred by the Metropolitan Wastewater Department for operation and maintenance of the SDMS utilized by National City. San Diego will adjust the unit transportation rate in accordance with either of the following methods: a. San Diego will determine the average of the actual costs for the previous three (3) years, based on the formula and calculations used to devise the current transportation rate. If the average actual costs for the three-year period would have resulted in a transportation rate that is more than five percent (5%) less than or greater than the transportation rate being applied at the time of the analysis, the rate will be adjusted to an amount equal to the three-year average of actual expenses on the next scheduled increase date. b. San Diego may conduct or procure, at its sole cost and expense, a cost of service study to determine the appropriate unit transportation rate. The unit transportation rate shall be adjusted in accordance with the results of the study on the next scheduled increase date. If National City objects to the adjustment recommended by the study, the matter shall be resolved pursuant to the dispute resolution procedure set forth in Section XI of this Agreement. Sewage Transportation Agreement - 15 - National City City of San Diego 17 3. Notwithstanding the above, San Diego may adjust the unit transportation rate at any time if a change in federal, state, or local laws or regulations, a court order, or an order from a regulatory agency materially affects the cost of providing sewage transportation service. In consultation with National City, San Diego will adjust the unit transportation rate to reflect the actual cost to San Diego, effective the beginning of the next billing period. If National City objects to the adjustment determined by San Diego, the matter shall be resolved pursuant to the dispute resolution procedure set forth in Section XI of this Agreement. 4. As a ministerial matter, and provided it has followed the procedures set forth herein, including any dispute resolution procedure, San Diego shall amend Exhibit C from time to time to reflect adjustments to the unit transportation rate, and provide National City with an updated exhibit. B. Billing San Diego shall bill National City on a quarterly basis for transportation charges no later than ninety (90) days after the end of the quarter to which the billing applies. Payment shall be made by National City to San Diego within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days thereafter. Late payments shall accrue interest at a rate of ten (10) percent per annum. C. Payment Disputes No payment shall be withheld by National City because of a dispute as to its amount. Disputed payment shall be made with a notation as to the portion in dispute. Payment disputes shall be resolved pursuant to the dispute resolution procedure set forth in Section XI of this Agreement. Any amount determined to have been improperly allocated to National City resulting in an overpayment shall be adjusted by San Diego as a credit to the next invoice following such determination, and shall accrue interest at a rate of ten (10) percent per annum, calculated from the date paid by the National City. In the event that the improper allocation to National City resulted in an underpayment, such amount shall be adjusted by San Diego as a debit to the next invoice following such determination. Sewage Transportation Agreement - 16 - National City City of San Diego 18 VII. OPERATION AND MAINTENANCE CHARGES FOR MUNICIPAL PUMP �.. STATIONS This section does not apply to National City. VIII. CAPITAL IMPROVEMENT PROJECTS A. Planning I . In accordance with Section 11I Paragraph B and C of this Agreement, National City shall provide San Diego with the projections (by fiscal year) of its flows and contract capacity requirements in those portions of the SDMS used by National City. National City shall also advise San Diego of any plans to acquire capacity outside the SDMS. This "Projected Flow Capacity Report" shall be updated annually. National City shall also provide San Diego with such additional information requested by San Diego as necessary for SDMS planning purposes. 2. San Diego shall prepare a Ten Year Municipal Capital Improvement Plan for the SDMS that describes facilities necessary to convey all flows in compliance with applicable rules, laws and regulations. These Plans shall be updated annually. San Diego shall solicit and consider, in good faith, comments from National City on the Capital Improvement Plan for those portions of the SDMS in which National City has contract capacity or National City is negotiating additional contract capacity. B. Capital Improvement Projects 1. National City and San Diego are obligated to pay for capital improvement projects for the SDMS that are needed to maintain existing contract capacity or to provide new contract capacity under the terms below, provided, however, that the decision whether or not to construct a capital improvement project shall be at the sole discretion of San Diego. As a ministerial matter, and provided San Diego has proceeded in the manner set forth in this Section VIII, and the dispute resolution process found in Section XI, herein, San Diego shall amend Exhibit B from time to time to reflect future capital improvement projects in the list of SDMS facilities used by National City, and provide National City with an updated exhibit. Sewage Transportation Agreement - 17 - National City City of San Diego 2. Maintenance of Existing Contract Capacity a. As part of its planning efforts and the needs of the SDMS, and considering the planning information provided to San Diego by National City, San Diego shall determine when capital improvement projects will be necessary to maintain National City's existing contract capacity and the efficiency of the SDMS. San Diego's determination shall be made following active and meaningful consultation between San Diego and National City. This determination shall he based on: (I) the type and location of any capital improvement projects necessary; (2) the projected costs of any necessary capital improvement projects; and (3) the allocation of the cost of any such capital improvement projects to National City and San Diego calculated pursuant to Section IX.B. San Diego shall then prepare a notice of determination setting forth its conclusions and send said notice of determination to National City. b. National City shall have six (6) months from the date of the notice of determination within which to either: (1) comment on or challenge all or part of San Diego's determination; (2) agree to the determination; or (3) commit, in writing, to obtain new sewage transportation services outside of the SDMS as described below. If National City objects to San Diego's determination, National City shall have the burden to commence and diligently pursue the formal dispute resolution procedures of Section XI of this Agreement. If National City fails to initiate dispute resolution within ninety (90) days after the expiration of the time to respond to the notice of determination set forth herein, San Diego's determination shall become final and binding on National City, and National City agrees to pay the capital improvement project costs and transportation charge set forth therein. c. If San Diego and National City agree on the capital improvement projects necessary to maintain existing contract capacity, San Diego and National City shall enter into an agreement specifying the terms and conditions pursuant to which the capital improvement projects shall be undertaken. The Agreement shall provide that National City shall reimburse San Diego for its proportionate share of any capital improvement project costs accruing to National City to maintain existing contract capacity. Sewage Transportation Agreement - 18 - National City City of San Diego '440 20 3. Capital Improvement Projects to Provide Additional Contract Capacity a. San Diego shall also, as part of its planning efforts, and considering planning information provided to San Diego by National City, determine the adequacy of National City's contract capacity or consider requests for additional contract capacity by National City. San Diego's determination shall be made following active and meaningful consultation with National City. If San Diego determines that National City requires additional contract capacity or agrees that it is able to provide additional contract capacity as requested by National City, San Diego shall conduct a study to determine the following: (1) the amount of additional contract capacity needed or which may be provided; (2) the type and location of any capital improvement projects necessary to provide additional contract capacity; (3) the projected costs of any necessary capital improvement projects; and (4) the allocation of the cost of any such capital improvement projects calculated pursuant to Section IX.B. San Diego shall then prepare a notice of determination setting forth its conclusions and send said notice of determination to National City. b. National City shall have six (6) months from the date of a notice of determination within which to either: (1) comment on or challenge all or part of San Diego's determination, (2) agree to the determination or (3) to commit, in writing, to obtain new sewage transportation services outside of the SDMS as described below; however, if San Diego's notice of determination was issued in response to National City's plan of action and implementation schedule set forth in Section IV.B., National City shall respond within sixty (60) days of the date of the notice of determination. If National City objects to San Diego's determination, National City shall have the burden to commence and diligently pursue the dispute resolution procedures of Section XI of this Agreement. If National City fails to initiate dispute resolution within ninety (90) days after the expiration of the time to respond to the notice of determination set forth herein, San Diego's determination shall become final and binding on National City, and National City agrees to pay the capital improvement project costs and transportation charge set forth therein. c. If San Diego and National City agree on the capital improvement projects necessary to increase contract capacity, San Diego and National City shall enter into an Sewage Transportation Agreement - 19 - National City City of San Diego 21 agreement specifying the terms and conditions pursuant to which the capital improvement projects shall be undertaken. The Agreement shall provide that National City shall reimburse San Diego for its proportionate share of any capital improvement project costs accruing to National City to increase contract capacity. C. Option to Divert Flow Notwithstanding the foregoing, upon notice of San Diego's determination regarding additional capacity National City may choose, at its sole discretion, to divert all or part of its flow from the SDMS pursuant to Section IV.D. IX. CAPITAL IMPROVEMENT CHARGES A. Charges for Existing Facilities 1. The Parties agree that National City's equitable share of the capital improvement project costs of the Valencia Park Trunk Sewer which is used by National City for the transportation of its sewage in the SDMS and which have not been paid to San Diego is $467,150. 2. A lump sum payment by National City shall be made to San Diego within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days, thereafter. B. Calculation of Capital Improvement Project Costs for Future Facilities In addition to the transportation charge, National City shall pay its proportionate share of capital improvement project costs for SDMS facilities constructed in the future for, or used by, National City under this Agreement including but not limited to the types described in Section VIII. Capital improvement projects, their estimated costs, and the proportionate share of expenses for National City shall be included as addendums to this Agreement as they are initiated. Final, actual costs shall be used for billing National City. National City's share of future capital improvement project costs shall be based upon the relative amount of National Sewage Transportation Agreement - 20 - National City City of San Diego 22 City's peak capacity as described in Exhibit A and as it relates to the design capacity of the respective SDMS facilities according to the following formulas: Where: "A" is National City's peak capacity; "B" is the design capacity of the SDMS facility; "C" is the estimated capital improvement project cost of the SDMS facility constructed for or used by National City; "D" is the remaining useful life of the existing SDMS facility; and "E" is the estimated useful life of the new SDMS facility. 1. For new SDMS facilities, or for repair, rehabilitation, or replacement of SDMS facilities that have reached the end of their useful life, or if replacement of SDMS facilities is needed to increase the design capacity because of an increase in flow from both National City and San Diego, National City's estimated share of capital improvement project costs = (A/B) x C. 2. For replacement of SDMS facilities that have not reached the end of their useful life, to increase the design capacity, due solely to an increase in flow from San Diego and/or other involved agencies, National City's estimated share of capital improvement project costs = (AB) x C x ((E-D)/E). 3. For replacement of SDMS facilities that have not reached the end of their useful life, to increase the design capacity, due solely to an increase in flow from National City, National City's estimated share of capital improvement project costs = C - [((B — A)B) x C x ((E-DYE)]- C. Billing San Diego shall bill National City for its share of capital improvement costs as described above. Billings for design and subsequent project costs shall be issued immediately following the City's remittance for payment of same. The billings shall be in an amount equal to Sewage Transportation Agreement - 21 - National City City of San Diego 23 National City's share of the amount expended on the capital improvement project during the relevant invoice period based on the formula described above. Payment shall be made within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days thereafter. Late payments shall accrue interest at ten (10) percent per annum. No payment shall be withheld by National City because of a dispute as to its amount. Disputed payments shall be made with a notation as to the portion in dispute. Payment disputes shall be resolved pursuant to the dispute resolution procedure set forth in Section XI of this Agreement. Any amount determined to have been improperly allocated to National City shall be issued to the National City as a refund plus ten (10) percent interest calculated per annum from the date the disputed payment was made by National City within thirty days following such determination. X. NON -ASSIGNMENT National City shall not assign this Agreement, or any part of it, nor any monies due, or to become due hereunder, without the prior written consent of San Diego. Any assignment by National City without the express written approval of San Diego shall be cause for termination of this Agreement at the sole option of San Diego. In no event shall any contractual relationship be created by any third party and San Diego. XI. DISPUTE RESOLUTION This Section shall govern all disputes arising out of this Agreement. A. Voluntary Mediation 1. Upon delivery of a written request for mediation to the other party involved, any dispute concerning this Agreement may be submitted to a mutually acceptable mediator. The decision of the mediator shall not be final or binding unless otherwise agreed to in writing by the parties. Mediation shall be required before either party may proceed to litigation or any other method of dispute resolution. If a mediation session has not been held within ninety (90) days after written request for mediation has been received by either party, the party requesting mediation may proceed to litigation unless the period for mediation has been extended by mutual written agreement between the parties. Costs for mediation shall be shared equally between parties. Sewage Transportation Agreement - 22 - National City City of San Diego 24 2. All mediation proceedings, results and documentation, shall be non- binding and inadmissible for any purpose in any legal proceeding (pursuant to California Evidence Code Sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. B. Performance Required During Dispute Nothing in this Section shall relieve either San Diego or National City from its obligation to perform all of their obligations under this Agreement. San Diego and National City shall be required to comply with this Agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this Agreement. XII, INSURANCE A. San Diego Shall Maintain All Required Insurance 1. San Diego shall maintain all insurance required by law, including workers' compensation insurance associated with the operation of the SDMS. San Diego is currently self -insured for Workers Compensation for all San Diego employees. 2. San Diego is currently self -insured for its public liability insurance, which includes general liability and automobile liability coverage for property damage and bodily injury claims. San Diego budgets annually for its self-administered claims program handled through the Risk Management Department. Claims are processed and administered in accordance with the California Government Code Sections 900 et seq. B. Substantially Equivalent Coverage If the SDMS is transferred to another entity pursuant to Section II, coverage substantially equivalent to all the above provisions shall be maintained by any successor in interest. Sewage Transportation Agreement - 23 - National City City of San Diego 25 XIII. INTERRUPTION OF SERVICE If the sewage transportation services provided to National City under this Agreement are interrupted as a result of a major disaster, operation of federal or state law, or other causes beyond the control of San Diego, National City shall continue all payments required under this Agreement during the period of interruption. Following the resumption of sewage transportation services, San Diego and National City shall determine whether National City is entitled to any refund of transportation charges paid during the period of interruption. if the parties are unable to reach an agreement following good faith negotiations, National City may seek a refund through the dispute resolution process set forth in Section XI, above. XIV. JURISDICTION This Agreement is intended to be construed pursuant to the laws of the State of California. In addition, parties agree that this Agreement has been entered into in San Diego County and concerns subject matter located in San Diego County. XV. NOTICES REQUIRED UNDER AGREEMENT All notices required to be given under this Agreement must be in writing and either served personally or mailed by certified mail, return receipt requested to: City of National City Joe Smith, Public Works Director 1243 National City Boulevard National City, CA 91950 City of San Diego Jim Barrett, Director of Public Utilities San Diego Metropolitan Wastewater Department 9192 Topaz Way San Diego, CA 92123 Sewage Transportation Agreement - 24 - National City City of San Diego 26 XVI. EFFECTIVE DATE AND TERMINATION A. Effective Date This Agreement shall become effective thirty days after execution by San Diego and National City. B. Term of Agreement Subject to the rights and obligations set forth in Sections XVI.C, XVI.D and XVI.E below, this Agreement shall expire on December 31, 2050 or upon the expiration or termination of the Regional Wastewater Disposal Agreement, whichever occurs first. Any outstanding obligation of National City to pay its proportionate share of capital improvement project costs shall survive termination of this Agreement prior to December 31, 2050. C. Extension of Agreement This Agreement is subject to extension by agreement of the parties. The parties shall commence discussions on an agreement to provide sewage transportation services beyond the year 2050 on or before December 31, 2040. D. Contract Termination If in the future, National City is able to obtain alternate sewage transportation services, National City may divert all of its flow from the SDMS pursuant to Section IV.D. E. Abandonment San Diego may abandon the SDMS upon delivery of notice to National City ten (10) years in advance of said abandonment. Upon notice by San Diego to abandon the SDMS, the parties shall meet and confer over the nature and conditions of such abandonment. In the event the parties cannot reach agreement, the matter shall be resolved pursuant to the dispute resolution procedure set forth in Section XI of this Agreement. In the event of abandonment, San Diego shall retain ownership of all SDMS assets free from any claim of National City. Sewage Transportation Agreement - 25 - National City City of San Diego 27 XVII. WAIVER OF BREACH No failure of either San Diego or National City to insist upon strict performance by the other of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, condition, agreement and term of the Agreement shall continue in full force and effect without respect to any other then existing or subsequent breach. XVIII. GENERAL A. Exhibits This Agreement references certain exhibits. Each exhibit is attached to this Agreement, and is also incorporated herein by reference. The exhibits are as follows: Exhibit A Contract Capacity Exhibit B Facilities Used by National City Exhibit C Unit Transportation Rate B. Amendment of Agreement Except as provided in this Agreement, and recognizing that this Agreement establishes certain changes as ministerial, including but not necessarily limited to the provisions of Sections III E (Transfers of Contract Capacity), VI A (Transportation Charge), and VIII B 1 (Capital Improvement Projects, Exhibit B), this Agreement may be amended or supplemented only by a mutual agreement in writing between San Diego and National City stating the parties' intent to amend or supplement the Agreement. C. Construction of Agreement 1. Drafting of Agreement Sewage Transportation Agreement - 26 - National City City of San Diego 28 It is acknowledged that San Diego and National City, with the assistance of competent counsel, have participated in the negotiation of this Agreement and that any ambiguity should not be construed for or against either San Diego or National City. 2. Entire Agreement; No Third Party Beneficiaries San Diego and National City represent, warrant and agree that no promise or agreement not expressed herein has been made to them, that this Agreement contains the entire agreement between the parties, that this Agreement supersedes any and all prior agreements or understandings between the parties unless otherwise provided herein including but not limited to the provisions of Section XVIII B of this Agreement, and that the terms of this Agreement are contractual and not a mere recital; that in executing this Agreement, neither party is relying on any statement or representation made by the other party, or the other party's representatives concerning the subject matter, basis or effect of this Agreement other than as set forth herein; and that each party is relying solely on its own judgment and knowledge. This Agreement does not confer any rights on any person who is not a party to this Agreement, and any third party beneficiaries are hereby expressly disclaimed. 3. Agreement Binding on All This Agreement shall be binding upon and shall inure to the benefit of both San Diego and National City, and each of its respective successors, assigns, trustees or receivers. 4. Severability Should any provision of this Agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Agreement, but, rather, the Agreement shall be construed as if it did not contain the invalid or illegal provision, and the rights and obligations of the parties shall be construed and enforced accordingly. Sewage Transportation Agreement - 27 - National City City of San Diego 29 5. Headings All Section headings are for convenience only and shall not affect the interpretation of this Agreement. D. Declarations 1. Understanding of Intent and Effect of Agreement The parties expressly declare and represent that they have read the Agreement and that they have consulted with their respective counsel regarding the meaning of the terms and conditions contained herein. The parties further expressly declare and represent that they fully understand the content and effect of this Agreement and they approve and accept the terms and conditions contained herein, and that this Agreement is executed freely and voluntarily. 2. Warranty Regarding Obligation and Authority to Enter Into This Agreement Each party represents and warrants that its respective obligations herein are legal and binding obligations of such party, that each party is fully authorized to enter into this Agreement, and that the person signing this Agreement hereinafter for each party has been duly authorized to sign this Agreement on behalf of said party. 3. Restrictions on Veto of Transfers and Acquisitions of Capacity National City understands and specifically recognizes that with respect to transfer and acquisition of capacity in the SDMS or the creation of additional capacity in the SDMS for any other authorized agency, National City does not have the right to veto or prevent the transfer of capacity by and among other agencies or with San Diego, or to veto or prevent the creation or acquisition of capacity for another authorized agency or agencies. National City recognizes that by signing this Agreement National City has expressly pre -approved such actions. The sole right of National City to object to any of the foregoing shall be through expression of its opinion to San Diego and, where applicable, through exercise of its rights under the dispute resolution provisions of this Agreement. Sewage Transportation Agreement - 28 - National City City of San Diego 30 4. Other Agreements a. Nothing in this Agreement limits or restricts the right of San Diego or National City to make separate agreements with other agencies without the need to amend this Agreement, provided that such agreements are consistent with this Agreement. b. This Agreement is not intended to nor shall it in any way supersede or modify the terms and conditions of the Regional Wastewater Disposal Agreement or any amendments thereto. 5. Counterparts This Agreement may be executed in counterparts. This Agreement shall become effective as specified in Section XVI. The counterparts so executed shall constitute one Agreement notwithstanding that the signatures of all parties do not appear on the same page. 6. Annexation of Agency Area to the City of San Diego a. In the event that all or part of the area served by National City is annexed into San Diego, this Agreement shall be null and void with respect to the annexed territory. National City's obligations to pay transportation charges or capital improvement project costs associated with that annexed area shall cease after the date of annexation. b. For purposes of determining the date of cessation of these costs, the date of annexation shall be the effective date as determined by LAFCO. c. Notwithstanding the effect of the above provisions, nothing in this Section shall be construed as relieving National City of any obligations concerning bond indebtedness that was incurred by National City prior to the annexation, except to the extent that the obligation involves San Diego and National City prior to annexation, in which case San Diego shall become responsible for that portion of National City's obligation to the extent that the obligation was incurred for the annexed area, if obligations for bond indebtedness arc calculated based on geographical size, acreage, or connections. Sewage Transportation Agreement - 29 - National City City of San Diego 31 IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his/her designee, pursuant to Resolution No. authorizing such execution, and by National City acting by and through CITY OF NATIONAL CITY CITY OF SAN DIEGO By: By: Name: Name: Date: Date: By: I HEREBY APPROVE the form and legality of the foregoing Agreement this day of , 2009. Name: JAN GOLDSMITH, City Attorney Date: By: Deputy City Attorney Sewage Transportation Agreement - 30 - National City City of San Diego 32 t r ` EXHIBIT A CONTRACT CAPACITY CHULA VISTA • SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) (TS 92) OTAY VALLEY TRUNK SEWER 79% 0.06 0.91 Overall: N/A 0.91 CORONADO' SDMS Facility 11 Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) (TS 118) SOUTH PACIFIC HIGHWAY TRUNK SEWER 100% 2.38 9.07 Overall : 2.38 9.07 ' Coronado used (TS 80) Kettner Boulevard Trunk Sewer 100% to transport their flow prior to 2004. From 2004 to present, Coronado uses TS 118. Based on the model simulation, Coronado's flow will split between TS 80 & TS 118 once it increases above 9.8 mgd. DEL MAR2 SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) (TS 44) DEL MAR HEIGHTS TRUNK SEWER I0% 0.64 1.84 (TS 47) CARMEL VALLEY TRUNK SEWER 9% 0.64 1.84 (PS65) PUMP STATION 65 100% 0.64 1.84 (PS64) PUMP STATION 64 100% 0.64 1.84 (TS 2B) ROSE CANYON TRUNK SEWER (NEW) 100% 0.51 1.47 (TS 50) ROSE CANYON PARALLEL TRUNK SEWER 82% 0.13 0.37 (TS 114) MORENA BLVD INTERCEPTOR 100% 0.64 1.84 Overall : 0.64 1.84 2 Del Mar used (TS 2A) Rose Canyon Trunk Sewer (Old) & (TS 4) East Mission Bay Trunk Sewer to transport their flow prior to 1993. From 1993 to present, Del Mar uses TS 2B, TS 50 & TS 114. EAST OTAY MESAS 3 The contract for East Otay Mesa Sewer Sanitation District will be negotiated separately. 1 or 4 33 EL CAJON SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) 1 EAST MISSION GORGE INTERCEPTOR 100% 9.16 19.73 (EMGPS) EAST MISSION GORGE PUMP STATION 100% 9.16 19.73 (TS 33) MISSION GORGE TRUNK SEWER 100% 9.16 19.73 (TS 7) ALVARADO TRUNK SEWER 100% 0.33 2.05 (TS 5) NORTH MISSION VALLEY TRUNK SEWER 100% 9.49 21.78 Overall : 9.49 21.78 IMPERIAL BEACH SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) ('I S 75) PALM CITY TRUNK Sii WER 66% 1.59 4.44 Overall : 1.59 4.44 LA MESA SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) 1 (TS 7) ALVARADO TRUNK SEWER 100% 3.35 16.43 (TS 5) NORTH MISSION VALLEY TRUNK SEWER 100% 3.35 16.43 (TS 20) CHOLLAS VALLEY TRUNK SEWER 100% 1.57 5.96 (TS 119) NEW CHOLLAS VALLEY TRUNK SEWER 100% 1.57 5.96 (TS 21) HOME AVENUE TRUNK SEWER 11% 1.57 5.96 (TS 110) CHOLLAS CREEK TRUNK SEWER 100% 1.57 5.96 (TS 23) SOUTH CHOLLAS VALLEY TRUNK SEWER 100% 0.16 0.66 (TS 27) JAMACHA ROAD TRUNK SEWER 83% 0.03 0.20 (TS 22) ENCANTO TRUNK SEWER 100% 0.19 0.86 (TS 13) HARBOR DRIVE TRUNK SEWER 10% 1.75 6.81 Overall : 5.10 2.3.25 LAKESIDE / ALPINE C SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) EAST MISSION GORGE INTERCEPTOR (EMGPS) EAST MISSION GORGE PUMP STATION (TS 33) MISSION GORGE TRUNK SEWER (TS 5) NORTH MISSION VALLEY TRUNK SEWER 100% 100% 100% 100% 3.83 3.83 3.83 3.83 10/9 10.29 10.29 10.29 Overall : 3.83 10.29 2 of 4 34 LEMON GROVE SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) (TS 23) SOUTH CIIOLLAS VALLEY TRUNK SEWER 100% 0.41 1.06 (TS 27) JAMACI IA ROAD TRUNK SEWER 100% 1.73 8.75 (TS 22) ENCANTO TRUNK SEWER 100% 2.14 9.81 (TS 13) IIARI3OR DRIVF. TRUNK SEWER 12% 2.14 9.81 Overall : 2.14 9.81 NATIONAL CITY SDMS Facility Municipal Facility Usage Average Capacity (mgd) r Peak Contract Capacity (mgd) (TS 24) VALENCIA PARK TRUNK SEWER (TS 13) HARBOR DRIVE TRUNK SEWER (TS 77) SOUTH BAY TERRACES (TS 76) PARADISE HILLS TRUNK SEWER` 77% 6% 18% 86% 0.85 0.85 0.49 0.03 1.82 1.82 1.14 0.11 Overall : 137 3.07 PADRE DAM SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) EAST MISSION GORGE IN1ERCEPTOR 100% 3.45 13.67 (EMGPS) EAST MISSION GORGE PUMP STATION 100%. 3.45 13.67 (TS 33) MISSION GORGE TRUNK SEWER 100% 3.45 13.67 (TS 5) NORTH MISSION VALLEY TRUNK SEWER 100°/. 3.45 13.67 Overall : 3.45 13.67 POWAY4 - SDMS Facility Municipal Facility Usage Average Capacity (mgd) Peak Contract Capacity (mgd) (TS 38) EAST BERNARDO TRUNK SEWER 42% 0.05 0.14 (TS 48) PENASQUITOS TRUNK SEWER 16% 3.93 9.03 PENASQUITOS RELIEF 100% 3.93 9.03 (PQPS) PENASQUITOS PUMP STATION 100% 3.93 9.03 (TS 2B) ROSE CANYON TRUNK SEWER (NEW) 100%. 3.14 7.22 (TS 50) ROSE CANYON PARALLEL TRUNK SEWER 82% 0.79 1.81 ITS 114) MORENA BLVD INTERCEPTOR 100% 3.93 9.03 Overall : 3.98 9.16 4 Poway used (TS 2A) Rose Canyon Trunk Sewer (Old) & (TS 4) East Mission Trunk Sewer to transport their flow prior to 1993. From 1993 to present, Poway uses TS 2B, TS 50 & TS 114. 3 of 4 35 WINTERGARDENS SDMS Facility Municipal Facility Usage Average Capacity , (mgd) Peak Contract Capacity (mgd) EAST MISSION GORGE INTERCEPTOR 100% 0.97 2.18 (EMGPS) EAST MISSION GORGE PUMP STATION 100% 0.97 2.18 (TS 33) MISSION GORGE TRUNK SEWER 100% 0.97 2.18 (TS 5) NOR111 MISSION VALLEY TRUNK SEWER 100% 0.97 2.18 Overall : 0.97 2.18 NOTE: Metro facilities, non -city sewer lines, and agencies (Otay Water District and Spring Valley) that do not use SDMS facilities are excluded from this exhibit. 4 of 4 36 HARBOR DRIVE TRUNK SEWER (SDMS Facility) SPRING VALLEY SANITATION DISTRICT TRUNK SEWER Dote Printed : 10.24-05 J Richard, J10ROUPSMDS\Transporfation Agreement Mapa\Nadonol Ciy EGO PARADISE HILLS TRUNK SEWER (SDMS Facility) INFRASTRUCTURES SHOWN IN BLACK ARE THE PORTIONS OF THE SDMS FACILITIES USED BY NATIONAL CITY ,•r,`�rryu67uur. `rc✓!l�+�cc• �MSTi Taw _ca'ifJ�.'1.K'!GdF�.�'M��3„ ' - CiULi4 VISTA EXHIBIT B FACILITIES USED BY NATIONAL CITY SEWAGE TRANSPORTATION AGREEMENT VALENCIA PARK TRUNK SEWER (SDMS Facility) SOUTH BAY TERRACES TRUNK SEWER (SDMS Facility) (Ay of San Diego Water Departnrnnr EXHIBIT C UNIT TRANSPORTATION RATE I. Computation Methodology: `✓ The Transportation Rate is based on 0 & M costs associated with the use of the conveyance systems and billing units in terms of Million Gallons -Miles (MG -Mile). O&M Costs arc apportioned between small diameter pipes (SDP) defined as less than eighteen inches and large diameter pipes (LDP) defined as equal to or greater than eighteen inches based on the costs to service large diameter pipes. This method provides information on the amount of flow, the individual lines utilized for transport, and the total mileage used in the municipal system. II. Base Transportation Rate: Pipe Diameter Unit cost Agency Rate Billing Units MG -miles Length, miles O&M Cost S/mg -mile Billing Units, Cost $/mg -mile MG -miles <18" 329,722 2,538 $52,790,764 $160.11 2,255 $361,041 $0.77 =>18" 1,407,607 281 $4,612,328 $3.28 469,428 $1,538,182 $3.26 Total 1,737,329 2,819 $57,403,092 471,683 $1,899,223 S4.03 III. Transportation Rate effective July 1, 2008 through June 30, 2009 is $4.161 The base transportation rate adjusted by the average inflation rate for Califomia in 2007 of 32% per the State of California Economic Forecast Index. 38 City of National City, California COUNCIL AGENDA STATEMENT ,��ETING DATE April 7, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of National City approving the City's offers to property owners for Right of Way (ROW) acquisition and obtaining construction easements with total cost at $846,200, and authorizing the City Manager to execute ROW documents for accommodating the proposed Plaza Boulevard widening improvements from Highland Avenue to Euclid Avenue (Funding through Federal STP, Local TransNet and Capital Outlay Funds) PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering See attached explanation. EXT. 4387 J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available through STP funds Account No.312-409-500-598-6569, TransNet funds Account No. 307-409- 500-598-6569 and Local Capital Outlay funds Account No. 103-409-500-598-6569. Account No STAFF RECOMMENDATION Adopt the Resolufi6n. BOARD / COMMISSION RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Exhibit "A° 3. Aerial views and plats for fifteen properties A•200 (Rev 7/03) EXPLANATION: Project Description/Background The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I- 805). The preliminary engineering and environmental clearance of project completed. The City's Consultant has completed the final design package. Right of Way Acquisition We are currently in the process of negotiating with property owners for the acquisition of Right of Way acquisition necessary for this project. Attached are the aerial -views of the impacted properties that show the permanent and temporary easements needed for Plaza Boulevard widening improvements. There are thirty-eight properties that are affected by the widening improvements. The areas of acquisition are narrow strips along the existing Plaza Boulevard right of way parcels. Fifteen of the acquisition areas are valued at greater than $25,000 requires the City Council's approval. The attached table (Exhibit "A") lists the fifteen properties with additional information. Construction The construction will be done in three phases. The first phase will include the street widening improvements of Plaza Blvd from Highland Avenue to 1-805. After the completion of Right of Way acquisitions the City will obtain an authorization from the Department of Transportation (Caltrans), obligate funds through SANDAG and proceed with the first phase of the construction. The Economic Stimulus Program funding will be available to the City as TransNet funds and added to the Regional Transportation Improvement Program (RTIP) for the first phase of construction. The second phase will include the street widening improvements of Plaza Blvd from 1-805 to Euclid Avenue. The construction work will be awarded when the funds become available. The third phase will include the street widening improvements under -passing I- 805 within State jurisdiction. The final construction documents are currently being reviewed by Caltrans. The construction work will be awarded when the funds become available. Project Schedule The Right of Way acquisitions are underway and if there are no complications the completion date is estimated to be July 2009. It is estimated that the construction be awarded in summer of 2009 and completed in one year after the award. Fiscal Statement The total cost to acquire the permanent easements and obtain temporary construction easements from the fifteen property owners is estimated at $846,200. The funding is available through Surface Transportation Program (STP), TransNet and Local Capital Outlay funds. The 82.18% of cost will be charged toward available federal funds and the remaining (17.82%) will be charged to local funds. The local share may increase after the entire federal share is used up. No general funds will be used for this project. Staff Recommendation Staff recommendation is to approve the offers to the property owners for Right of Way (ROW) acquisition and obtaining construction easements in total amount of $846,200 and authorize the City Manager to execute the ROW documents for accommodating the proposed Plaza Boulevard improvements from Highland Avenue to Euclid Avenue. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE EXPENDITURE OF $846,200 FOR THE ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FROM 38 PROPERTY OWNERS FOR THE PLAZA BOULEVARD WIDENING PROJECT WHEREAS, the Plaza Boulevard Widening Project (the "Project') involves the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue; and WHEREAS, the Project requires the acquisition of narrow strips of 38 properties for right -of way and temporary construction easements; and WHEREAS, the City has obtained appraisals for the strips of land to be acquired, as well as for the temporary construction easements that will be used to construct the improvements in the expanded right-of-way; and WHEREAS, the total appraised value for all right-of-way and temporary construction easements to be acquired is $846,200; and WHEREAS, funding for the Project is available through the Surface Transportation Program, Transnet, and Local Capital Outlay funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the Council hereby approves the purchase of right-of-way and temporary construction easements in the amount of $846,200 for the Plaza Boulevard Widening Project. BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute contracts in an amount not to exceed $25,000 for the purchase of the necessary right- of-way and construction easements. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT 11A" 7 L/LV/V7 APN # 1 £ t LJA L & , L — a ua La.a v•.,...v. ....... .r �...,.. -. .. OWNER TENANTS SITE ADDRESS PERM ACQ SIZE TCE SIZE 556-590-51 South Bay Plaza, LLC 3978 Sorrento Valley Blvd #100, San Diego, CA 92121 Papa Johns Pizza, Washington Mutual 1130 E. Plaza Blvd National City 1.105 2,380 556-590-56 The Browning Trust UTD 10/21/98, 1561 Eucalyptus Hills Dr, Lakeside, CA 92040 The BBQ Pit 920 E. Plaza Blvd National City 442 1,437 556-590-61 South Bay Space LLC, 1925 Century Park E#2100 Los Angeles Ca 90067 Indoor Bazaar 1019-1045 Highland Ave #45 National City 697 4,498 557-250-12 Natcit Holdings Inc. 2929 Caminito Bello, La Jolla, CA 92037 Western Dental 1539 E. Plaza Blvd National City 526 3,116 557-250-43 Plaza Square, LTD 1401 E. Plaza Blvd, National City, CA 91950 Jollibee, Wings 'n Things 1401 E. Plaza Blvd National City 63 5,439 557-330-08 M L Properties, LLC P.O. BOX 2207, Rancho Santa Fe, CA 92067 Bay Vista College of Beauty 1520 E. Plaza Blvd National City 1,252 2,670 557-330-09 B P West Coast Products, LLC P.O. BOX 5015, Buena Park, CA 90622 Arco 1540 E. Plaza Blvd National City 967 1,607 557-410-15 Orkin Inc., 13116 Imperial Hwy, Santa Fe Springs, CA 90670 Thrifty Gas Station 1606 E. Plaza Blvd National City 1,428 3,750 557-410-17 Bruce M. Boogaard & Cynthia K. Boogaard 466 3rd Ave #A, Chula Vista, CA 91910 Casa Toledo Apt. Complex 1735 E. Plaza Blvd National City 338 5,363 557-410-19 Nagraj Inc. 1700 E. Plaza Blvd., National City, CA 91950 Stardust Motel 1700 E. Plaza Blvd National City 625 1,686 557-420-30 Todd A1-Bayati & Samiya Abdul Sattar Kaddory 1917 Corona Vis, El Cajon, CA 92019 Vacant Lot NKA Plaza Blvd National City 34 26,954 557-420-31 Morgan Family Trust 09-06-85 and Robert Lee Morgan 1223 J Ave., National City, CA 91950 Family House of Pancakes 1900 E. Plaza Blvd National City 1,710 6,385 557-420-33 Shriners Hospitals for Children, 5440 Morehouse Dr. San Diego, CA 92121 Maharlika Cafe 1819 E. Plaza Blvd National City 438 2,089 557-420-35 557-420-36 Olson -National City 28 LLC, 3020 Old Ranch Pkwy #400, Seal Beach, CA 90740 New Condo Project 1858-1884 E. 12th St National City 690 2,698 558-091-26 Stephen C Kerch Revocable Trust UTD 3/14/02 & Kathryn Smith Trust UTD 8/18/93, P.O. Box 99088, San Diego, CA 92169 Vacant Lot NKA Plaza Blvd National City 2,264 2,653 12,579 LEGEND EXHIBIT "B" ;' 1\A PM I i4)iO PAH, PERMANENT ACQUISI BON AREA 0.025 ACRES TEMPORARY CONSTRUCTION EASEMENT (ICE) AREA - 0.055 ACRES 1770 Sj' - SE.E SHEET 2 FOR UNE AND CURVE DMA r\ SHEET 1 OF 2 SHEETS REwS,ED RY. DRAWN dY KA CHECKf D RY• MA APPROVED 13Y DATE DAIt. 2-18-09 DAIS 2-18-09 DA It. NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556 - 590- 51 SOUTH HAY PLAZA LLC NO SCALE D0C NO._... (IwC.. NO. TABULATED CURVE CURVE DMA DELTA RADIUS LENGTH Cl 7'53'57" 956.50' 131.87' C2 10'01'39" 672.00' 117.61' _ C3 7'59'04" _946.50' 131.90' Q`P21\ 00 5��g6`RZg �3 A3 //� of Air:dirAll.51141-.2 r/ �2 y77 \�-. Z f1 S 6aag ,���,\ p� Al �2Aq'12 . -POIE I.1NE EASEMENT RLC, 10/?.0/54 IN BK. 5136 f PG. 141 & 143 O.R. - --1 Cr!. i O - o ;'i\4 139r3O PAR. `' .A 1 , f 1. 556-590 51 r1. r) 1 `� 1l 556--590-58 -31\ 5 A\ T.P.O.B. 'o PERM. ACC).'o- A AND TCE PM NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. LEGEND r///4 P.0.8. A -12079 1 r'lr;, PERMANENT ACQUISI TION AREA = 0.025 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.055 ACRES TRUE POIN1 OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 SHEET 2 OF 2 SHEETS VISFD f3Y. DRAWN EIY KA (:HE CKI D BY MA AN VOA-f) BY BAIL. DATE 2-18-09 DAIF 2-18-09 DA NATIONAL CITY PERMANENT ACQUISITION AND [FMPORARY CONSTRUCTION EASEMENT APN 556-590-51 SOUTH BAY PLAZA LLC = 40' DOC. NO. DWG. NO. 920 E. PLAZA BLVD. NATIONAL CITY CA 91950 APN 556 590 56 P.O.B. CP9 REVISED BY APPROVED BY EXHIBIT "B" s l7'4145 Pt - - 551.96' N 86'31'39• E T.P.O.B. PERM. ACQ. m AND TCE PM 13960 rt, r� rt 2 r DATE: DATE: 1270 33 PM 12079 PAR. 9 556-590-56 NOTE A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS EN TIRE PROPERTY. LEGEND T.P.O.B. P.0.B. A NATIONAL aTY :d CP8 Pr} rL 1 \ PM 12079 PAR 2 PERMANENT ACQUISI BON AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.033 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-56 THE BROWNING TRUST 1"= DOC. NO DWG NO. 98'© _ _EX H 1 B 1 T S 10'39'20' E \ -4 S 77'41'45' yy i� 220.64' _PLAZA BLVD. Pi'A 139'60 PAR, . LEGEND T.P.O.B. PERM. ACQ. AND TCE CENTERLINE ACCESS AND UTIIJTY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PERMANENT ACQUISITION AREA = 0.016 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING »B» '270.33' CP8 SEE DETAILS "AN AND "BM SHEET 2 PAR. -12070 J7r1 rL . G NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. PM-1300 r7 � rirJ r. 556 -- 590- 61 LEGEND (CONT.) j/ 7: TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES CONTROL POINT PER ROS 17515 SHEET 1 OF 2 SHEETS REVISED BY DRAWN BY KA CHf CKED BY. MA I)AT1: DATE. 2-18-09 DATE: 2-18--09 APPROVTD BY DATE: NATIONAL CITY 1' = 100' PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC DOC. NO. DWG. NO Niaraprr HIGHLAND AVE. LEGEND 1\\\;\�\I T.P.O.B. P.O.B. \ s>,� T.P.0.0. N 7213'43" E'`.1?O6 2o' PERM. ACQ. PLAZA BLVD. 32.51' \4 F AND TCE N 7213'43" E 358.92' JI 9.71 N 1/ 46'06" W CENTERUNE ACCESS ANO UTIUTY EASEMENTS REC. 2/9/54 IN BK. 5136 PC. 141 O.R. ANO IN BK. 5136 PG. 143 O.R. PM 13960 PAR. i 97.92' S 72'44'12" W L4 0 O ap '!) ,n M �IVI 13960 DAr) 556-590-61 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. DETAIL "A" NOT TO SCALE PLAZA BLVD. L3 35.0C-1 S 72'44'12" W o w Sri � h a a wJ =w U� MV) N 7213'43" E 358.92' —� . ( L6 t / /�L /L / 1 � - 66.41' " a I z v • 67.21'S 72'44'12 W 4 aCra o S 72'44'12" W ow a CO Y O . -.jI � Z c.. -a- � i'M 13960 °O DWI QMmZM r r ft, Uo w a -* 556-590-61 zaz z 1--w -� w c� MtnI �\�a o5 0 N .- in PERMANENT ACQUISITION AREA = 0.016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DETAIL "B" NOT TO SCALE w TABULATED LINE DATA LINE BEARING LENGTH L1 S 72'44'12" W 263.51' L2 S 17'38'58" E 5.00' L3 S 72'44'12" W 25.00' L4 N 17'38'58" W 5.00' L5 S 72'44'12" W 70.43' L6 S 72'44'12" W 124.91' SHEET 2 OF 2 SHEETS RE V1SE 1) E) DA It: DR ?AN BY KA CHECKED BY MA DAit: 2-18-09 NATIONAL CITY NOT TO SCALE DAIS: 2-18-09 APPROVFG E3Y DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC DOC. N0. DWG. NO. 1539 E. PLAZA BLVD. NATIONAL CITY CA 91950 APN 557 250 12 p1-AZA BLVD. S 8110'16" E 851.83 PERMANENT ACQUISITION AREA = 0.012 ACRES TEMPORARY CONSTRUCTION EASEMENT C (I)ACRES AREA = gEgNNyNG TRUE POINT OF PONT OF BEGINNING CONTROL PANT PER R0S 17515 NAllONAL or( PERMANENT ACWIS111014 ENT Y CONSTRUCTION EASEM AND P� APN 557- 50 12 NATgT HOB R LEGEND V /A NM 1.P.0.B. P.O.B. POINT Of DI:GINNING A CONTT-?01. PONT' PER ROS 17515 PERMANENT ACQUISITION (FEE) AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (ICE) AREA = 0.125 ACRES E i U� TRUE POINT CF BEGINNING f 30' Q Z I Li o, 0 v r--0,, a .7-c5 30' r)... rI. (- r) r, rj E 557-250-43 o, U O z � -EASEMENT FOR STREET \ PURPOSES REC. 6/20/77 AT FILE/PAGE NO. \ 77- 243161 O.R. XHIBIT S 07'07'35 y\y T.P.o.P. NO? TO -- FEE AND/• . � NOT TO SCALE ICE /��hr / t, 93 i r) f cc-:) r-) r �\ 1. S 78'45'51 " 775.80. �<599' 171416w W ca S 78'46'2 J' 74.15' N 787.5.71' _L. g6•?7• W PLAZA BL V0 B13 I� \L2�\\f r J. \ TABULATED UNE DATA LINE BEARING LENGTH L1 L2 L3 L4 15 L6 L7 L8 N 7'06'59" E S 82'54'53" E S 6'09'22" W S 82'54'53" E S 6'09'22" W S 17'33'53" E N 72'07'59" E 4.24' 15.00' 4.13' 23.80' 4.88' 2.57' 9.70' S 84'41'39" W 49.99' TABULATED DELTA CURVE DATA RADIUS CURVE LENGTH C1 _ 0'54'40" 947.64' 15.07' C2 4'05'58* 947.64' 67.80' C3 90'00'36" 20.00' 31.42' _C4 __ - 90'00'43" 15.00' 23.57' C5 0'49'15" 1015.56' 14.55' _ C6 4'48'58" 1015.56' 85.36' L C7 3'08'19- 1000.56' 54.81' C8 0'55'15" 1015.56' 16.32' C9 3'25'17" 1015.56' 60.64' CIO 11'31'16" 947.64' 190.55' ^ I3 S.83'22' rn o to z7"E u, I� 52.37� ,ffff _ \�\.. �J e6 L�4 P.O.B. CP7 / CI SEE DETAIL i °" 58 14 770.20 REVISED BY CAIF. DRJ M4 AY KA Olt (;KEO P ( MA APPROVED by DAIt 5-21-08 EiAIE: 6-13-08 OATE. NATIONAL CITY 1'=60' PERMANENT ACQUISITION (FEE) AND TEMPORARY CONSIRUCT1ON EASEMENT APN 557-250-43 PLAZA SQUARE, LTD. DOC r90 ---- DWG NO .- S. • LEGEND r////a T.P.0.8. P.O.B. A PERMANENT ACQUISITION EXHIBIT AREA = 0.029 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.061 ACRES TRUE POINT OF BEGINNING POINT Of BEGINNING CONTROL POINT PER ROS 11515 84'41'39" E 140.60' L4 l3 `C3!�, Lt5 \ \-L13' i \-\\ A-- („, 55.76' f'� • f -p r• — S 82'30 Q4" W p 10' SEWER EASEMENT REC. 8/22/46 IN BK. 1222 PG. 98 O.R. ��—LAND PER DEED 11 /06/98 AS DCC. NO. 1 1998-0724997 O.R. PO} , L O -1' 2 l/-r •1> R110. ii7i; +.A N;AG1ON I'�II AP -10 6 557-330-08 LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 TABULATED LINE BEARING PLAZA BLVD. „B„ • 11 4 2/ N 00'42'38" W (R) -� T.P.O.B. PERM. ACO. `) AND ICE cp. v 0 ATA 1FNGTH S 82'30'04" W 11.77' S 7'29'56" E 5.00' S 82'30'04" W 15.00' 5.00' N 7'29'56" W S 82'30'04" W N 17'43'01" W N 72'04'47" E S 17'43'01" E S 88'01'02" W 107.22' 7.69' 10.91' 5.02' 7.22' P.O.B. ACP6 J TABULATED LINE DATA (CONT.) LINE BEARING LENGTH 12.65' L10 I-11 L12 N 18'33'04" W S 72'35'00" W S 7'29'55" E 13.28' 4.94' L13 S 82'30'04" W 29.73' L14 L15 L16 L17 S 7'29'56" E N 7 29'56" W S 82'30'04" W N 17'43'01" W 9.00' 14.00' 39.93' 10.16' TABULATED CURVE DATA CURVE DELTA 6'47'18" 3'19'52" C3 4'57'49" C1 C2 RADIUS 367.50' 460.00' 357.50' LENGTH 43.54' 26.74' 30.97' REVISE 0 BY DRAWN BY KA CHF.C<ED HY: MA APPROVED BY- DAIF DATE 5-21-08 DAI1 6-12-08 NATIONAL CITY DATE PERMANENT ACOUISI T1ON AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-08 ML PROPERTIES, LLC 1"=50' DOc NO DWG NO 1540 E. PLAZA BLVD. NATIONAL CITY CA 91950 APN 557 330 09 TABULATED LINE DATA LINE BEARING LENGTH Ll N 74'59'42" W 12.86' L2 S 17'47'20" E 15.88' L3 S 7212'40" W 9.84' N 01'58'29" W (R) LEGEND T.P.O.B. P.O.B. 0 EXHIBIT PERMANENT ACQUISITION AREA = 0.022 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.037 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PLAZA BLVD, C3 B" LAND PER DEED REC. 9/19/03 AS DOC. NO. 2003-1154000 O.R., FACILITY NO. 01758 POR, LOT 1/4 SEG. 132 . RHO. DE LA NAGION MAP 166 CP6 4 \\ T.P.0.8. \ PERM. ACQ. 2 \ AND 2 \ TCE \<Ss \ N \0\ P.O.B. CP5 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 51'07'25" 29.00' 25.88' C2 15'42'56" 367.50' 100.80' C3 14'59'05" 460.00' 120.31' C4 5912'04" 10.00' 10.33' C5 5712'22" 19.00' 18.97' C6 1213'32" 357.50' 78.36' REVISED BY: DATE: DRAWN BY: KA DATE: 5-1-08 NATIONAL CITY = 30' CHECKED BY: MA DATE: 5-22-08 APPROVED HY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-09 BP WEST COAST PRODUCTS LLC OOC. NO. DWG. NO. 1606 E. PLAZA BLVD. NATIONAL CITY CA 91950 APN 557 410 15 P.O.B. LAN CP6 'a t`, \ \ N 53'46'05 W �)\ 30.00' R N 35'28'30" W (R) 25 00' R -0 SWLY UNE - OFLOT 2 C' 3fl UTIUTY AND ACCESS EASEMENT REC. 3/1/57 IN BK. 6477 PG. 575 O.R. T.P.O.B. PERM. ACQ. AND TCE EXHIBIT "B" LEGEND PLAZA et fra 23. PDR. NW 1/4 rDE W 1/2 LOT 2 IN T.P.O.B. P.O.B. 0 JARTrR S G. 129 Dr RI--l0. Dr LA NACIGN MAP NO. 166 PM 13257 PAR. 3 PERMANENT ACQUISITION AREA = 0.033 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.086 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 69'00'54" 30.00' 36.14' C2 50'28'48- 25.00' 22.03' C3 54'01'15" 30.00' 28.29' il34 40 REVISED BY: • DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY SCALE = 40' CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-15 ORKIN, INC. DOC. NO. DWG. NO. 1735 E. PLAZA BLVD. NATIONAL CITY CA 91950 APN 557 410 17 EXHIBIT "B" P.0.6. CP5 NOTE: SEE SHEET 3 FOR TABULATED CURVE DATA. LEGEND I//////1 T.P.O.B. P.O.B. A DD1 PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. N 6140' 96' N Q a SHEET 2 T.P.O.B. TCE cN1 LC, C) LL, 0 11 0 ›- EL_, C) SHEET 3 11 LL1 1:) CC, LL1 CC, 0j 0 LL1 CC_, C.7 C.7 SHEET 1 OF 3 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 NATIONAL CITY SCALE 1 = 60' CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. B000AARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. LEGEND r/7/4 T.P.O.B. P.O.B. A DD1 qs- a NOW: PERMANENT ACQUISITION NADTH EXAGGERATED FOR CLARITY PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 T.P.O.B. PERM. ACQ. n • o) rn Cal ;NJ —LAND PER 1.n ODt \ in st- :2 N '_ N •� `eP 557-410-17 14) i, LLl <13' L1, C) z 03 00. NOTE: SEE SHEET 3 FOR TABULATED CURVE DATA. T.P.O.B. TCE LL. 0 LLl 0 CN1 LL, C) C\l 10'11'03. yy 1 L. (R, MATCH LINE LL SEE SHEET 3 CL. 11 LTA CE) LL j —.1 LL, ) C) 0 C) CCU LLj 0 0 C J LL1 0 L3 LL, SHEET 2 OF 3 SHEETS NATIONAL CITY SCALE NO SCALE CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TE1v1PORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. NOTE: PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY J -J TABULATED CURVE DMA CURVE DELTA RADIUS LENG1H C1 19'48'01' 434.35' 150.10' C2 217'09• 434.35' 17.33' C3 33'56'21. 444.35' 263.21' C4 33'08'31" 460.00' 266.08' LEGEND REVISED BY: PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES DD1 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. DATE: DRAWN BY: KA CHECKED BY: DATE: 4-8-08 DATE: 5-19-08 APPROVED BY: DATE: MATCH LINE SEE SHEET 2 LAND PER DD1 POft OF NW 1/4 OF THE W 1/2 OF LOT 2 oF r�JAF;7rr► Grp', 12J 21-1J, D A NAClJN MAP 188 557-410-17 >> 15 18• N535 a N, S15361 E `s-1343 C2 1r ' N Va 03 S 2.79' S 1 T34'30' E NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. B00GAARD AND CYNTHIA K. B00GAARD SHEET 3 OF 3 SHEETS SCALE NO SCALE DOC. NO. DWG. NO. 1700 E. PLAZA BLVD. NATIONAL CITY CA 91950 e" ' APN 557 410 19 CP6 Z 4 /e I.- ` I3 / I^ C. CP5 w383.63' 1 N 89.04'36. a T.P.O.B.J PERM. ACQ. AND TCE . �P•ol l� \7 c EXHIBIT PLAZA BLVD. 41r4IVi�.ri TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 16'03'56" 540.00' 151.41' C2 13'59'51" 612.20' 149.56' C3 310'27" 622.20' 38.09' C4 425'08* 626.20' 48.30' C5 5'50'39- 622.20' 63.46' LEGEND T.P.0.8. P.O.B. A PERMANENT ACQUISITION AREA = 0.014 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.039 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 S 04'40'21" E (R) 0- N -I LAND PER DEED REC. 3/13/98 AS DOC. NO. 1998-0138180 O.R. 557-410-19 P OR. NW 1/4 O W 1/2 OF 80 ACRE LOT 2 1N QUARTER SEC. 129 OF RHO, DE LA NACION MAP NO. 166 REVISED BY: DA 1E: DRAWN BY: KA DATE: 4-16-08 NATIONAL CITY SCALE = 40' CHECKED BY: MA DATE: 5-22-08 APPROVED BY. DA TE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 NAGRAJ INC. DOC. NO. DWG. NO. •-• *ozAois • WEST OF FAMILY HOUSE OF PANCAKES APN 557 420 30 \or EXHIBIT "B" `p`ZP 8`VTP.0.6. 667' ` . PERM. ACQ. w P 9 1it.• 4r Ng -"\—_ P02. NW 1/4 OF W 1/2 Or SO AG Ir L O-1' .. 1N QUARTrr; SrG, 120 OF RHO. Dr LA NACIJN MAP NO. 166 LEGEND T.P.O.B. P.O.B. 0 PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.619 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 557-420-30 rt 10' UTILITY AND ACCESS EASEMENTS REC. 8/22/46 AS FILE NO., 91531 BK. 2222 PG. 94 O.R. P .0.8. CP4 5:478 PAR, 1 1,7 CP3 REVISED BY: DRAWN BY: KA DATE: DATE: 4-16-08 NATIONAL CITY SCALE 1"=40' CHECKED BY: MA APPROVED BY: DATE: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 TODD AL-BAYATI AND SAMIYA ABDUL SATTAR KADDORY DOC. NO. DWG. NO. TABULATED LINE DMA LINE BEARING LENGTH L1 N 87'46'13' E 805.90' L2 N 47'07'59" E 53.02' L3 N 75'47'27" W 23.87' L4 S 76'30'26' W 21.82' L5 N 7859'19" E 1.42' L6 N 17'45'13' W 39.74' FREEWAY SLOPE EASEMENT REC. 3/11/71 AS FILE NO. 46267 O.R. N 744V06. E 60.0 PM PAAH. Li - -M- -- CP5 T.P.O.B. PERM. ACQ. AND TCE E N7 .C) EXHIBIT "B" TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH CI 4'03'34' 1362.00' 96.50' C2 31'26'58" 50.92' 27.95' C3 27'42'07" 37.38' 18.07' C4 4'23'54" 1377.00' 105.71' CP4 DETAIL NOT TO SCALE O 15�-5,15. 8.574 Pl-78'5 07 N 8E 96.05 ! 64 10' SEWER EASEMENT REC. 8/22/46 AS FILE NO. 91532 IN BK. 2222, PG. 93 O.R. LEGEND T.P.0.8. P.O.B. 0 DD1 PERMANENT ACQUISITION AREA = 0.039 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.147 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 5/04/78 AT FILE/PAGE NO. 78-180860 O.R. REVISED BY: GATE: DRAWN 8Y: KA DATE: 4-21-08 NATIONAL CITY SCALE 1 ' = 50' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-31 MORGAN FAMILY TRUST AND ROBERT LEE MORGAN DOC. NO. DWG. NO. EXHIBIT "13" ?On. E.1/2LOT 2 1/4 Sr J. 179 MAP too 557-420-33 2.19W t1.54 30 REVISED BY: APPROVED BY: DATE: DATE: 8-26-08 DATE: 5 TABULAMED CURVE DATA CURVE; DELTA RADIUS LENGTH C1 005'53" 460.00' 0.79' C2 008'02" 444.34' 1.04' LEGEND TP.O.B. P.O.B. 0D1 PERMANENT ACQUISITION AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.048 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/08/05 AS DOC. N0. 2005-0775749 O.R. POH. UNNUMBERED LOT KALE .A WALK MAP 1 820 ` \ y T.P.O.B. 11262 ! ., PERM. ACQ. `t ir. P g� U \ sue P� �`Z \` CP5� N 87'46'13` E 805.90 — — P.0.8. CP4 NATIONAL CITY = 30' PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 SHRiNERS HOSPITALS FOR CHILDREN DOC. NO. DWG. N0. KALESA WALK CONDOS, NATIONAL CITY CA 91950 APN 557 420 35 NorOw . -• Kyy cOR of w IMP LOT 1 •-12-T40r LIAR 4 b AP 7 H?rool •E QH Kj"•`Y v o r• N.amz4�� r 1 i. tc3 ;4LkAFiv Ls 7-420-3,1-) 0 o 0 V► 0 ` 4 4 f`l 4 A 0,1,1 I' 1 ^n • CP5 EXHIBIT "B" GENERAL UTILITY AND ACCESS EASEMENT PER MAP 14820 DRIVEWAY EASEMt NI REC. 1{ 5/28/80 AS FILL NO. \\l 80 172541 0.Tt p2`� PRIVATE STORM WATER - 1RE.AIMENT MAINTENANCE AGREEMENT AREAS REC. 1/12/04 AS FILE NO. 2004-0022016 O.R. N 8 7'46' 13" I 805.90' _ • UINN! 1i/([ :.M..O L(.) I' KAI.� ,F; \ WALK MAP 14i37.0 557 420 35 55 PT O.B. �TCL / 5 )� T.P.O.R. 14 99 / PERM. ACQ. 1. /' P.0.R. CP4 LEGEND T.P.O.B. P.O.B. of S CAI. PERMANENT ACQUISITION AREA = 0.016 AGES TEMPORARY CONSTRUCTION EASEMENT Oa) AREA = 0.068 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 115 5 RI VISE D BY. DRAVIN 8Y. KA CHECKED BY MA APPROVED E3Y. DA11 NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EAST ME.NI APN 551-420-35 DI SON - NATIONAL CITY 28. TLC - 40' DOC NO. - DWG NO A CT'2 J\k a1`,� >;' AFL \�, tib h 40�050;* LEGEND T.P.O.B. P.O.D. A EXHIBIT PERM. ACO. S'LY UNE OF NW 1/4 OF 1/4 SEC. 106 Pon, NELY 1/4 OF NW 1/4 SW l/,, J;.: 1/4 G. 100 r 11O, r.); I A NAr;IoN MAP 1F)`f3 PERMANENT ACQUISITION AREA - 0.052 ACRES TEMPORARY CONSTRUCTION I- ASE1JEN T ( ICE) AREA = 0.061 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CON IR01_ POIN PER ROS 11515 » 7) �L-J( CF'1 ��E.5 ,‘EL /o c' -t-' ,-\\a. A\ P°°&. 4' Cl N 33'46'30- E (R) N 431/'40- F. (R) 129 64014. OR\-P � 17 1� R. st �Et 0 �g60 PPS F1LF NO' CURVE C1 C2 C.5 Ila TABULA1ED CURVE DMA DELTA RADIUS LENGTH 104'44'49- 22.00. 40.22' 13'22'44. 50.00' 11.68' 71'05'43. 25.00' 31_02' REVISED BY: DRAM BY' KA CHFCKII) I1Y: MA APPROWEO HY DA II DAIL 4- 24- 08 DAD :5-22-08 DA I1.: NATIONAL CITY PERMANEN r ACQUISITION AND It.MPORARY CONSTRUCTION FASEMF.NT APN 558-091-26 STEPHEN C. KERCH TRUST & KATHRYN K. SMITH TRUST = 20' V City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE April 7, 2009 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 2 to the agreement with Wade and Associates in the amount of $48,379.00 for additional project coordination services due to change order work for the National City Street Resurfacing Project, Phase 2 and authorizing the Mayor to execute the agreement. (Funded through Proposition A Funds) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. Environmental Review X N/A MIS Approval Financial Statement financre or Funding is available through Proposition A TransNet Fund Project Acco nt No. 307-40e9-500-598- 6035. Approved By Account No STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDA ON N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Proposal '41 3. Amendment #2 (3 original copies) A-200 (Rev. 7/03) EXPLANATION The City entered into an agreement with Wade and Associates to provide project management services on July 1, 2008, in the amount not -to -exceed $24,300.00 for the National City Street Resurfacing Project, Phase 2. The original contract for Wade & Associates was done on an expedited basis for needed support due to the project's size, complexity, and short performance period in conjunction with National City Week 2008. As the project progressed, it became more complicated as issues arose in the field compounded by a very tight schedule. It was requested from Wade & Associates to submit a supplementary proposal for services rendered in excess of the original scope of work and amount. Therefore at the City's request, Wade & Associates submitted a proposal for Amendment #1 to the City for additional project coordination services on a time and material basis for a not -to -exceed amount of $24,500. However, the City continued requesting additional construction coordination and surveying services from Wade & Associates in order to keep up with the added changes for various types of extra work, (including emergency work), that resulted in 23 change orders. Additional staff time was needed to perform the field research and analysis of increasing the number of street sections to the project for six additional months. In order to carry the project to completion for additional work the contract completion date was changed from October 2008 to April 2009. The amendment No. 2 was issued to the original proposal for an additional not -to -exceed amount of $48,379. The purpose of this resolution is to approve Amendment No. 2 to the agreement with Wade and Associates for additional project coordination services due to change order work for the National City Street Resurfacing Project, Phase 2 and authorize the Mayor to execute the amendment to the original agreement. With Amendment #2, the total contract amount has increased to $97,179.00. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO AGREEMENT WITH WADE AND ASSOCIATES IN THE AMOUNT OF $48,379 FOR ADDITIONAL PROJECT COORDINATION SERVICES DUE TO CHANGE ORDER WORK FOR THE NATIONAL CITY STREET RESURFACING PROJECT, PHASE 2 WHEREAS, on July 1, 2008, the City entered into an agreement with Wade and Associates to provide project management services for the National City Street Resurfacing Project, Phase 2, for the not -to -exceed amount of $24,300; and WHEREAS, a First Amendment to Agreement in the not -to -exceed amount of $24,500 was approved on September 7, 2008, for additional work due to unexpected complications; and WHEREAS, a Second Amendment to Agreement in the not -to -exceed amount of $48,379 is required for additional project coordination and surveying services due to additional curb, gutter sidewalk, and driveway replacements, sidewalk improvements, street and sidewalk repairs, and additional striping. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to Agreement with Wade and Associates in the not -to -exceed amount of $48,379 for additional project coordination and surveying services for the National City Street Resurfacing Project, Phase 2. Said Amendment No. 2 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney WADE & ASSOCIATES F'RCUECTMANAGEMENT 656f.1thA.,ri e SJ.le I ;i fn Chr rJ„ .1,2 yP1 March 15, 2009 Din Daneshfar, Principal Civil Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Project Coordination Services for the City of National City, Street Resurfacing Project, Amendment #2 Specification No. 08-04 Dear Din, It !:;i n 2.11 .3418 FAA n19: 79.i 0180 (rni am submitting this proposal per your request for a cost estimate to provide additional project management services for the abovementioned project that is currently ongoing and will be complete by April 30, 2009 and is due for these reasons: 1. Extensive additional work is added that extended contract completion date from October 2008 to April 2009, (6 additional months). 2. Various types of extra work, (including emergency work), that resulted in 23 change orders. 3. Addition of curb, gutter, sidewalk and driveway replacement on 4" 1 & M St. 4. Addition of sidewalk improvements on Sweetwater Road. Total project management costs are still less than 2% of construction costs. See attached estimate. SCOPE As the project manager for this project I will work with the City of National City, their project inspector and the contractor to coordinate all aspects of the construction activities and public outreach, which includes: • Review contract documents, plans, specifications and existing conditions. • Attend and conduct as necessary pre -construction meetings, weekly construction meetings and coordination meetings. • Process RFI's and submittals. WADE & ASSOCIATES Professional Services Proposal City of National City Street Resurfacing Project • Review, negotiaterecomrnend and draft change orders for City approval as necessary. • Review and recommend invoices for payment. • Visit the construction site as needed to assist in problem resolution. • Maintain a master construction file • Take efforts as necessary and directed to communicate the construction activities to the general public. • Finalize the project per City policy and standards. Sincerely, By P e ect Manager 2 of 2 AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND WADE AND ASSOCIATES This Amendment #2 to Agreement is entered into this 7th day of April 2009, by and between the City of National City, a municipal corporation ("the CITY"), and Wade and Associates (the "CONSULTANT"). RECITALS The CITY and the CONSULTANT entered into an agreement on July 1, 2008, entitled "Agreement By and Between the City of National City and Wade & Associates" ("the Agreement") wherein the CONSULTANT agreed to provide project management services for Street Resurfacing. B The parties desire to amend the Agreement to increase scope of work to include additional project management and Land surveying services to the National City Street Resurfacing Project, FY 08-09, (Phase 2). NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2008, through City Manager approval, shall be amended by requesting 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 July 1, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison Mayor APPROVED AS TO FORM: George H. Eiser. III City Attorney Wade & Associates (Corporation—si<jt#attrres o! two cotp- -officers) (Partnerahrn - one stgnatore) (Sole proprietorship - one srgnatn By: Alee e roject Manager/Owner WADE & ASSOCIATES Fee Proposal/Cost Estimate for City of National City Resurfacing Project, Phase II, Amendment #r 2 Estimated Hours: # Task Principal Project Manager Project Manager CAD Oper/ Admin. Assistant Survey Crew TOTALS 1 Project Management 250 48 18 43,764 2 CAD operation 16 1,088 3 Survey at 4th & M St. 16 4,000 Total Hours 250 48 18 16 Rates 150 105 68 250 TOTALS 37,500 5,040 1,224 4,000 $ 47,764 Estimated Reimbursable Costs: # Item Type of Units Cost per Units Estimated number of Units TOTALS 1 B&W Copies/Prints 8 1/2" x 11" Each $ 0.20 60 12.00 2 Color Copies/Prints 8 1/2" x 11" Each $ 1.00 149 149.00 3 Full Size (D Sheets) Paper Each $ 15.00 15 225.00 4 Full Size (D Sheets) Mylars Each $ 30.00 4 120.00 5 CD Roms Each $ 5.00 1 5.00 6 Binder, 2" Each $ 22.00 - 7 Binder, 3" Each $ 26.00 4 104.00 8 Contracted Expenses Total Total Expenses Total Consulting Fee (above) Total Cost Estimate 615.00 47,764.00 $ 48,379.00 10% Overhead fee will be charged to Contracted Expensed, such as printing. (via email) Byron S. Wade Principal Project Manager March 15, 2009 City of National City, California COUNCIL AGENDA STATEMENT �,JIEETING DATE April 7, 2009 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of National City approving Aerial to Underground Conversion Agreement Amendment with San Diego Gas & Electric (SDG&E) in the amount not -to -exceed $1,446 and authorizing the Mayor to execute the agreement amendment in conjunction with the Marina Gateway Improvements. Fund by Tax Increment Fund) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On August 5, 2008, Resolution No. 2008-160 established the 20B Underground Utility District No. 25. A 206 conversion request requires that the City incur all cost associated with the conversion of any existing utilities within the district. The City will be constructing the Municipal Trench for under -grounding utilities in conjunction with the Bay Marina Drive Widening Project. On February 17, 2009, the City entered into an agreement in the not to exceed amount of $267,603 with SDG & E.This agreement covered the cost that will be incurred by SDG & E for the conversion of existing aerial facilities to underground facilities. To meet the city's obligation to the private development in the area, a modification to the plan was necessary and required this amendment to the agreement. This amendment will bring the authorized work to $269,049. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in Account # 511-409-500-598-3842, Marina Gateway Improvements Account No 511-409-500-598-3842 STAFF RECOMMENDA N A.. ;the esolution. BOARD / COM SSIO RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Agreement Amendment (2) 2. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AERIAL TO UNDERGROUND CONVERSION AGREEMENT WITH SAN DIEGO GAS & ELECTRIC IN THE NOT -TO -EXCEED AMOUNT OF $1,446 TO CONVERT EXISTING AT&T AERIAL FACILITIES TO UNDERGROUND FACILITIES WITHIN THE BAY MARINA PROJECT WHEREAS, 20B Underground Utility District No. 25, established on August 5, 2008, requires National City to incur all costs associated with the conversion of any existing utilities within the District, which is located within the Marina Gateway Project at Harrison Avenue and Cleveland Avenue; and WHEREAS, on February 17, 2009, the City entered into an Aerial to Underground Conversion Agreement with San Diego Gas & Electric ("SDG&E ") in the not -to - exceed amount of $267,603 to cover the cost that will be incurred by SDG&E for the conversion of existing AT&T aerial facilities to underground facilities within Underground Utility District No. 25; and WHEREAS, an Amendment to Agreement in the not -to -exceed amount of $1,446 is required to cover the cost of recent plan modifications, increasing the total amount of the Aerial to Underground Conversion Agreement with SDG&E to $269,049. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Aerial to Underground Conversion Agreement with SDG&E in the amount of $1,446 for the conversion of existing AT&T aerial facilities to underground facilities within the Marina. Said Amendment to the Aerial to Underground Conversion Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney A 5<'nipra 1.I r 1\ ul I;y- Submitted to Applicant by: Dave Emerson SDG&E Work Order(s): 2882730 2882731 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and L /T`/ of /VJ1776NAL eIT J , hereafter called "Applicant(s)". WITNESSETH: WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in those certain premises known as Bay Marina 20B located at Harrison and Cleveland Ave; and WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises; NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements tor any required rights of way, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance with its Rule 20.B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission. 2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. Utility shall furnish underground electric service to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises. 3. This Agreement shall become effective only upon compliance with all of the following conditions: a) Ail Applicants shall execute this Agreement and shall perform all of the conditions herein contained. b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles. c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material, facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants' expense. 1 FORM 106-2759L (4/91) ® Excavation, backfill and compaction ® Conduits ® Concrete substructures d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications. 4. Receipt is acknowledged from Applicant(s) of $270,338, which is an amount equal to the estimated cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. 5. In the event any additions, rearrangements, or changes to the electric wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense. 6. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwithstanding any payment made under this Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules for the Sale of Electric Energy on file with the California Public Utilities Commission. a) Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs 3.b) and 3.e) of this Agreement shall have been fulfilled. b) If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized. c) Utility at its sole election, may undertake to perform the work to be performed by it prior to the occurrence of the conditions specified in section 7. and subsection b) of this Section. The commencement of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement. d) If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder. 7. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicants' project, plus 2 FORM 106-2759L (4/91) the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease. 8. This Agreement shall at all times be subject to such changes or modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 9. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement. 10. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that he shall be jointly and severally liable under the terms of this Agreement with every other applicant signing the Agreement. 11. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns. 12. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners, or duly authorized corporate officers, as the case may be. APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By: (Authorized Signature) Name: (Please Print or Type) Title: Date: Address: Telephone: By: (Authorized Individual -Utility) Date Executed: 3 FORM 106-2759L (4/91) City of National City, California COUNCIL AGENDA STATEMENT It.etEETING DATE April 7, 2009 AGENDA ITEM NO. 12 (ITEM TITLE Resolution of the City Council of the City of National City approving an Agreement Addendum 1 and authorizing the Mayor to execute addendum with Harris & Associates for "As -Needed" Civil Engineering/Traffic Engineering Services to assist City Engineering in the completion of the City's Comprehensive Transportation Plan document for the "not to exceed" amount of $39,990 (funded through Capital Improvement Project sources) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION On January 6, 2009, the City entered into an agreement with Harris & Associates to provide "as -needed" Engineering Services authorized by Resolution No. 2009-3 (see attached). This addendum provides authority for engineering services for a specific project (Comprehensive Transportation Plan). Funds were transferred from various Capital Improvement Projects to the Engineering Department's Maintenance and Operations budget where funds area available for this work. See attached detailed explanation. '. . Environmental Review X N/A MIS Approval Financial Statement Approved B Funds are available in account 001-421-000-299-0000 in the amount of $14' 15 and 001-421-000-213-0000 in the amount of $25,875. Finance Director Account No. STAFF RECOMMEND • TI At •pt h_ Resolution BOAR • / COMMI/ SSIO ECOMMEDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation & Request for Services 2. Resolution 3. Agreement Addendum (2 originals) A-200 (Rev. 7/03) Explanation The Engineering Department is in need of professional engineering support services to assist staff in completion of the City's Comprehensive Transportation Plan document. On January 6, 2009 the City Council issued resolution No. 2009-3 authorizing the Mayor to execute a 1-year contract with Harris & Associates to provide "as -needed" Civil Engineering/Traffic Engineering Services for the City's Capital Improvement Projects for a "not to exceed" amount of $100,000 (see attached Resolution). Based upon staff's request (see attached Request for Services), Harris & Associates has provided a proposed scope of work and fee schedule, outlined in Exhibits A and B of Addendum Number One, to perform the required services. This scope of work is consistent with the requirements of the existing "as -needed" contract. Harris & Associates has previously provided professional engineering services to assist staff with preparation of civil engineering / traffic engineering exhibits, cost estimates, site evaluations, traffic studies and grant proposals for capital improvement projects, particularly in regards to traffic safety and operations. Harris & Associates is familiar with the City of National City's rules, regulations and engineering design requirements. The City has been satisfied with their performance and quality of work. The work will be accomplished through Addendum Number One to the existing "As -needed" contract. The final scope of work and fee schedule is attached as part of the Addendum that is being presented to the Council for approval. The fee for performing the work per the cost proposal is a "not to exceed" amount of $ 39,990. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM ONE TO AGREEMENT WITH HARRIS & ASSOCIATES IN THE NOT -TO -EXCEED AMOUNT OF $39,990 FOR "AS NEEDED" CIVIL ENGINEERING/TRAFFIC ENGINEERING SERVICES TO ASSIST IN THE COMPLETION OF THE NATIONAL CITY COMPREHENSIVE TRANSPORTATION PLAN WHEREAS, on January 6, 2009, the City Council adopted Resolution No 2009-3, approving an agreement with Harris & Associations in the not to exceed amount of $100,000 for "as needed" civil engineering/traffic engineering services for capital improvement projects; and WHEREAS, the Engineering Department requires additional profession engineering support services to assist staff in completing the National City Comprehensive Transportation Plan (the "Plan") documents; and WHEREAS, Addendum No. One to Agreement with Harris & Associates in the not -to -exceed amount of $39,990 will provide "as needed" civil engineering/traffic engineering services to assist staff in the completion of Plan documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Addendum No. One to Agreement with Harris & Associates in the not -to -exceed amount of $39,990 to provide "as needed" civil engineering/traffic engineering services to assist staff in the completion of the National City Comprehensive Transportation Plan documents. Said Addendum No. One to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ntt:IA(0NALYCiT ( o cORPOtc ATE° ENGINEERING DEPARTMENT 1243 NATIONAI. ('ITY BOULEVARD, NATIONAL ('11 Y, ('A'11'11(1 111. 61O1 q,.1 C;;B f'AX (S9! 4 i )7 REQUEST FOR SERVICES Date: March 11, 2009 To: Ali Shahzad Phone No. 619/236-1778 Harris & Associates Fax No. 619/236-1179 From: Stephen Manganiello Traffic Engineer Subject: REQUEST FOR PROFESSIONAL ENGINEERING SERVICES TO ASSIST CITY STAFF IN PREPARATION OF A COMPREHENSIVE TRANSPORTATION PLAN (CTP) Please provide a line item cost estimate and fee schedule (staff time / budget) for the following scope of services, which will be accomplished through our existing "as -needed" contract. City Engineering will provide all relevant planning documents, traffic count data, studies, inventories, as -built plans, GIS base layers, etc. The project deadline for staff submittal of a draft report is Monday, June 15, 2009. 1) Provide a literature review on public agency transportation master plans. 2) Provide comments / recommendations on the current CTP outline. 3) Provide an existing conditions inventory of traffic signage, striping, curb markings and geometric deficiencies; efforts to be focused on Circulation Element streets (i.e. arterials and collectors). 4) Provide site -specific field surveys and technical analysis as needed. 5) Provide recommendations on traffic / pedestrian safety and operational improvements based on existing deficiencies. 6) Provide recommendations for future Capital Improvement Program (CIP) projects to mitigate existing deficiencies and plan for redevelopment. 7) Prepare tables, figures and graphics to be included in the CTP report; City Engineering will draft the document. ,0100 8) Prepare a Synchro base model 10 include Circulation Element streets, all signalized intersections and key unsignalized intersections; input link and node geometries, basic traffic control (i.e. signal or stop/yield control, no signal phasing / timing), and available turning movement volumes. 9) Attend 6 progress meetings with City staff (1-hour each). 10) Attend 1 Planning Commission meeting and 1 City Council meeting to support City staff (2-hours each); City Engineering will present the CTP. 4.00 NS ADDENDUM NUMBER ONE TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES This Addendum Number One to the Agreement for "As -Needed" Civil Engineering/Traffic Engineering Services by and between the City of National City and Harris & Associates is entered into this 7'' day of April, 2009 by and between the City of National City, a municipal corporation (the "CITY"), and Harris & Associates, a Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an Agreement ("Original Agreement") on January 6, 2009, by Resolution 2009-3, wherein the CONSULTANT agreed to provide "as -needed" Civil Engineering/Traffic Engineering Services for the City's Capital Improvement Projects. B. The Original Agreement provides that the CITY may request Civil Engineering/Traffic Engineering Services from the CONTRACTOR for a period of 1 year from the date of execution of the Original Agreement, such that the total cost of all work completed shall not exceed $100,000. C. The CITY now requests Civil Engineering/Traffic Engineering Services from the CONTRACTOR to assist staff in completion of the City's Comprehensive Transportation Plan document, and the CONTRACTOR seeks to perform these services. D. The CITY and CONTRACTOR have negotiated and agreed upon the scope of work and compensation associated with these services. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: I. This Addendum specifies work to be performed by the CONTRACTOR for the CITY at specified hourly rates, which are detailed in Exhibits "A" and "B", attached hereto and incorporated herein by reference. 2. This Addendum authorizes the payment of an amount not to exceed $39,990 for Civil Engineering/Traffic Engineering Services to assist staff in completion of the City's Comprehensive Transportation Plan document. The parties agree that each and every term and provision of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the date and year first above written. CITY OF NATIONAL CITY HARRIS & AS By: By: Ron Morrison hats Gerges, P.E. Mayor Design Services Manager By: APPROVED AS TO FORM: George H. Eiser, III City Attorney / 9 er Saunders, P.E. onal Manager — San Diego r/ EXHIBIT A is March 1.1.2009 Mr. Steve f\lanzanicllo City of National City, Engineering 1243 National (.'its Boulevard. National City. (':A 91950 Harris & Associates I'I0g,r.uii NL11..i1;t I. l'untili lit U„n 1Lni:r (.1%II )•ngnnriti Subject: Comprehensive Transportation Plan (('TI') for the City of National City. )car Steve. llarris is pleased to submit this proposal for professional engineering services to assist and provide support services to the City of National City in the preparation of a comprehensive transportation plan. BACKGROUND Back in 1972, the City utilised a federally funded program named TOPICS (Transportation Operations Program to Increase Capacity and Safety), which is no longer available, to implement a Citywide Traffic Study conducted by (;n►en Associates. The purpose of the study was to identify the traffic improvements required to improve efficiency for the live -year Capital Improvement Program budget and to balance the share of improvement costs with the supplemental Federal funds and the (gas fax funds. PROJECT UNDERSTANDING I he scope of this project is to provide professional traffic engineering services to assist and support City staff in preparing a detailed Comprehensive Transportation Plan (CTP) document that will act as a blueprint to address traffic deficiencies improve safety and operations, and plan for redevelopment in the City. SCOPE. O1 SERVICES I . Provide a literature review on public agency transportation master plans. 2. Provide comments / recommendations on the current (" IP outline. Provide an existing conditions inventory of traffic signage, striping, curl) markings and geometric deficiencies; efforts to be focused on Circulation Element streets (i.e. arterials and collectors). Provide site -specific field surveys and technical analysis as needed. S. Provide recommendations on traffic / pedestrian safety and operational improvements based on existinc deficiencies. 6. Provide recommendations for future Capital Improvement Program (('IP) projects to mitigate existing deficiencies and plan for redevelopment. 7 Prepare tables, figures and graphics to he included in the GYP report: City Engineering will draft the document. !lams & Associates 750 I; Street, Suite 1800, San Uieeo, ('A 92101 619.236.1778 Fax 61') 236.1 179 ('ity of National City Steve Manganiello March 13, 2009 Page 2 of 2 8. Prepare a Synchro base model to include Circulation Element streets, all signalized intersections and key unsignalized intersections; input link and node geometries, basic traffic control (i.e. signal or stop/yield control, no signal phasing / timing), and available turning movement volumes. 9. Attend six (6) progress meetings with ('ity staff(1-hour each). 10. Attend one (1) Planning ('ommission meeting and 1 City Council meeting to support City staff (2-hours each); City Engineering will present the C1 P. Our proposed effort is limited to the number of hours indicated in the attached Estimated llourly Effort. "Hie total number of hours per task is an estimate only based on the information available. SCHEDULE The schedule for final submittal of the report, tables and exhibits to City staff is June 15, 2009. Final submittal would be pending receipt of linal comments by ('ity. CITY RESPONSIBILITIES/EXCLUSIONS FROM SCOPE • Provide all available existing data and information relevant to the proposed project ■ Provide all pertinent Specific Plans, the General Plan and the five (5) year Strategic Plan and Goals • Provide As-Builts of street improvements, parcel maps and assessors parcel maps as needed to use for the support services for the required tasks • Traffic volume data collection is not included in these services FEE I larris & Associates proposes to provide the above services for the total "not to exceed" fee of $39,990. Fees would be invoiced monthly based on the actual hours of work completed. Our services would he accomplished per our existing agreement with the ('ity with all terms and conditions stated therein. "Thank you for the continued opportunity to be of service to the City of National City. Should you have any questions, or need additional information regarding this proposal, please do not hesitate to contact me at (619) 236-1778 x 352 or Ali Shahzad at x 414. Sincerely, llarris & Associates Ehab S. Gergcs, P1: Design Manager/Associate ('c: Ali Shahzad, PE Javier Saunders, Pl'. 2 S ASSOCIATES 3, -009 !2-1.i4 Harris 8, Associates Pr.)grain Mar.ager, Frz.neers Estimat( Jurly Effort Comprehensive Transportation Plan Outline Harris Associates CITY OF NATIO( .:ITY TaskiSubtask QA ()C PNI PF TI:.:...!,. Pro..i.le :.. tei.!it:,•,, re, ,v, .,:'. plh,, 3:C-::- •.•.1,1,7(17.1:,..,1) nla,I.:, r:.Ins SI cri'i :,:oCi S4<SO.010 SL,-• •..l...tivais isl 44,, 16 2 p;,•,.J? c:,,....m17.!5 7cis'711:Ticr.c,;.ilons or. :".•2 :or7er.: l•IP one Pr.7,:6: :,r. et:stin.,;:0,-..ntJ?r5 inventor. of li-a:11-: S.7'..:;e. 5:ripme;. ctrt markings and ge0,17trk: ce:',..:,Cr,,,,:k. C:.!OrIS !, ne loc...,,0,.1 0:. C:.. 1:.;-r. ::..10r7.',).!.•.rce*.s ;, c arteri.s and co..egtoisi 12 4 Prov:d mte-specitic neld surve, s and te;hhical anal...,., as needeg - S:t.r.,6i1 5 Pro' ide rei:ommendations On !:"ai:Ic pedestrian safety and opera(iona: improvements based on existing detiaiencies 20 S1,.80(1 6 Provide re.:o:nmendations tor rut -are Cap:tal Inipro%ement Program (C1P) protects to mitigate existing deficiencies ar.d plan for redevelopment :8 S3.42r1 7 Prepare taoies. t-igures aria graphics tc tse included. in :he CTP report.. City Engineering will draft. the document S4 r,00. 8 Prepare a !s; nchro base model *.e incIdde Circ.:131ton Element streets. all signalized intersection.: and key unsignalized intersections. inpu'..ink and node geometries. has::: traffic 40otr0i 11e. signal or storyyield con:. no signal phasing timing). and as ai:ab1e turning irovemcn: volumes. ZS Q Attend 6 progress meetings v.ith. City staff , 1-hour eahi 6 2 $3.40 10 Attend I P.m:rung Commission meeting and ; CI's:. Co_ncil r.•.etting to •iipport. Cm..• staf: (2-hours each!. City Engineenng vvW preser.t the C FP ;34 14 ;0- :69 Subtotal Hours = 14 Subtotal rS) = S2.6iii, S25.46Ci S.....10o S9.O.6r 539.990 Natiorai City Tref,: E-0 'ee 03-12.-C9 3 City of National City, California COUNCIL AGENDA STATEMENT `II 4EETING DATE April 7, 2009 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City of National City City Council ratifying a Second Amendment to the Memorandum of Understanding (MOU) with Metropolitan Transit System (MTS), San Diego and Arizona Eastern Railroad, City of National City and the Community Development Commission of the City of National City in conjunction with the Bay Marina Drive Widening. PREPARED BY DEPARTMENT EXT. 4583 Barby Tipton Engineering EXPLANATION As part of the Bay Marina Drive Widening Project, railroad improvements must be removed to provide the most cost effective widening of the street. The MOU provides authority to the City to remove necessary railroad improvements in the area as outlined in Exhibit C of the attached MOU. Due to the urgency in completing the work, the Agreement has already been signed and should now be ratified by the Council. At this time there is no cost associated with this MOU. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMIS ON RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution T2. MOU Resolution No. A-200 (Rev. 7/03) MTS Doc. No. S200-06-291.2 SDAE 700 SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND ARIZONA EASTERN RAILROAD, CITY OF NATIONAL CITY, AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY The Second Amendment to the Memorandum of Understanding (MOU) is made and entered into by and between the San Diego Metropolitan Transit System (MTS), a California public agency established under the Public Utilities Code, the San Diego and Arizona Eastern (SD&AE) Railway Company, a public benefit corporation whose sole member is MTS, the City of National City (City), and the Community Development Commission of the City of National City (CDC) (collectively the "Parties"). Whereas, the Parties wish to amend the MOU known as MTS Document Number S200-06-291, including any amendments thereto, to further document the Parties' understanding and responsibilities with respect to the redevelopment of properties in National City. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Paragraph 9 is modified as follows: 9. HARBOR DRIVE RAILS CROSSING City shall remove paving to top of rail elevation if requested by SD&AE if and when the rail lines crossing Harbor Drive are put back into service upon 30 days' written notice. City shall complete the removal of the paving no later than 90 days following the 30 days' written notice. Failure to remove the paving within this time period will result in the imposition of liquidated damages in the amount of $50 for every day the project is not completed within the aforementioned time schedule. The terms of paragraphs 2 and 3 are incorporated herein. 2. Paragraph 11 is to be added as follows: 11. CLEVELAND AVENUE — BAY MARINA DRIVE City requests and Railroad hereby approves the removal of the crossing improvements at the intersection of Cleveland Avenue and Bay Marina Drive as depicted on "Exhibit C". City expressly acknowledges that Railroad shall have the sole and exclusive discretion to order the City to rebuild this crossing to current standards such that any form of railroad or transportation operations could be conducted by Railroad, MTS or SD&AE. City shall commence work on rebuilding the crossing within 30 days of receiving a written notice from MTS and shall complete the rebuilding within 90 days. The improvements necessary to rebuild the crossing shall include, but are not limited to rails, ties, track way, crossing panels, railway signaling equipment. and ancillary improvements. Failure to rebuild the crossing within 90 days will result in the imposition of liquidated damages at the rate of $50 for each day the intersection is not rebuilt within the aforementioned time schedule All other terms and conditions of the original MOU and any amendrnents thereto shall remain the same. IN WITNESS WHEREOF, the parties have caused this Amendrnent to the Memorandum of Understanding to be executed by their duly authorized representatives on this I -411 day of F rz h , 2009. METROPOLITAN TRANSIT SYSTEM By.-- — Paul Jabio Approved as to form: By Tiffan Chief Executive Officer n, MTS ral Counsel SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY By. Par ski, President Approved as to form: By: CITY OF NATIONAL CITY Ron Morrison, Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Ron Morrison, Chairman Approved as to form: By. George H. Eiser, III, Legal Counsel ) ) S200-06-291 cdcnc— 1ogo.gif )J EXHIBIT B MOU AREA S200-06-291 r./ Nirepr RO 51����. OEMOVE EXISTING 23 RAIL LINES 0A1 RAIL CUTS RAIL' CUTS EXISTING - JOINT REMOVE EXISTING RAIL LINE EXISTING RAILROAD SIGNAL AND ELECTRICAL - CONTROL CABINET TO BE REMOVED REMOVE EXISTING RAIL LINES FROM RAIL SWITCH AND APPURTENANCES SOUTH OF BAY MARINA DRIVE TO THE TERMINUS OF THE TRACKS APPROXIMATELY 400 FEET NORTH OF 23RD STREET EXISTING JOINT • //. REMOVE EXISTING RAIL LINE RAIL CUT Ct�VEEXISTING L LINES REM RA EXISTING_RAttROAD SIGNAL —TO BE REMOVED . ' - PROPOSED CURB. 1 011111111114. GUTTER, & SIDEWALK / RAIL E • STII . l . -!CUT 5620 FRIARS ROAN SAN MCA), CA 92110 N41619.291.0%07 ENGINEERING COMPANY ((AX)619291.4165 RICK .s T �K -- EXISTING MTS R/W EXHIBIT "C" II SCALE: 1" = 50' • City of National City, California COUNCIL AGENDA STATEMENT Now MEETING DATE April 7, 2009 AGENDA ITEM NO. (ITEM TITLE 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RELINQUISHMENT OF FISCAL YEAR 2008-2009 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $102,987 FROM THE NATIONAL CITY LIONS CLUB, AND AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUB -RECIPIENT AGREEMENT ALLOCATING SAID CDBG FUNDS TO CHRISTMAS IN JULY NATIONAL CITY PREPARED BY Carlos Aguirre (Ext. 4391) DEPARTMENT /v • UP 1 Community Development Dep. Housing and Grants Division EXPLANATION On December 2, 2008, the National City Lions Club received an allocation of Community Development Block Grant (CDBG) funding for $102,987 for the National City Youth Enhancement Program's Enhancement Public Service Activity through the Fiscal Year 2008-2009 Supplemental CDBG funding cycle. The funded activity will allow the various National City youth programs to purchase durable equipment which will last several years. In order to better serve the needs of National City youth sports programs, the National City Lions Club desires to relinquish the Supplemental CDBG funds, and has requested that the grant funds be allocated to Christmas in July National City, a non-profit corporation of the State of California, that has the organizational capacity to better serve the National City Youth Program's Enhancement Public Service Activity. Christmas in July National City qualifies for CDBG grant funding as a non-profit public benefit 501(c)3 corporation and has the organizational capacity to execute the scope of services proposed. `' To allocate the FY 2008-2009 CDBG funds in the amount of $102, 987 to Christmas in July for the National City Youth Program's Enhancement Public Service Activity, the City must execute a CDBG Sub -Recipient Agreement between the City and Christmas in July. Environmental Review Ni N/A Financial Statement Approved By. finance Director $102,987 was allocated on December 2, 2008, through supplemental CDBG funding from previous - year program income. Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Assignment Letter from the National City Lions Club Attachment 2: National City Youth Enhancement Program Summary A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RELINQUISHMENT OF FISCAL YEAR 2008-2009 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $102,987 FROM THE NATIONAL CITY LIONS CLUB, AND AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUB -RECIPIENT AGREEMENT ALLOCATING SAID CDBG FUNDS TO CHRISTMAS IN JULY NATIONAL CITY WHEREAS, on December 2, 2008, the City of National City allocated Supplemental Community Block Grant funding for Fiscal Year 2008-2009 in the amount of $102,987 to the National City Lions Club for the National City Youth Program's Enhancement Public Service Activity; and WHEREAS, to better serve the needs of the National City youth sports programs, the National City Lions Club desires to relinquish the Supplemental CDBG funds, and has requested that the grant funds be allocated to Christmas in July National City, a non-profit corporation of the State of California, that has the organizational capacity to better serve the National City Youth Program's Enhancement Public Service Activity. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby accepts the National City Lions Club's relinquishment of Fiscal Year 2008- 2009 Supplemental Community Development Block Grant funding in the amount of $102,987. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a CDBG Sub -Recipient Agreement allocating said FY 2008-2009 CDBG funds in the amount of $102,987 to Christmas in July National City for the National City Youth Program's Enhancement Public Service Activity. Said CDBG Sub -Recipient Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment i11 We Serve National City Host Lions Club Chartered July 19, 1944 P.O. Box 986 — National City, CA 91951-0986 March 10, 2009 RE: Assignment of FY 2008-2009 Supplemental CDBG Grant to Christmas in July'National City To Whom It May Concern: The National City Lions Club hereby relinquishes all rights, title, interest and duties under the City of National City Fiscal Year 2008-2009 Supplemental Community Development Block Grant for $ 102, 987 for the National City Youth Programs Enhancement Project. The National City Lions Club does not hold due any consideration for the CDBG grant. The National City Lions Club also understands that Christmas in July*National City may carry out the scope of work under the grant application submitted for this project. We appreciate the opportunity to serve the low income residents of the City of National City. Sincerely, 41./.4 ct7 CITY OF NATIONAL CITY — FY 2008-2009 Supplemental CDBG Attachment #2 AGENCY NAME Christmas in July*National City CONTACT PERSON Cecilia Kirk, Project Director PHONE NUMBER (619) 477-5532 E-MAIL ADDRESS christmasinjulync@yahoo.com SITE ADDRESS N/A ACTIVITY NAME CDBG FUNDING WILL PROVIDE NUMBER TO BE ASSISTED BY THE ACTIVITY CDBG FUNDING NC Youth Enhancement Program Equipment 1000 Households $102,987 GENERAL ACTIVITY/PROJECT DESCRIPTION This program will allow the various National City youth programs to purchase durable equipment which will last several years. This will allow National City to compete on an even playing field with other teams. Objective Number Project ID C2008(2)-2 Funding Sources HUD Matrix Code 05D CDBG Citation 570.201(e) CDBG $102987 ESG $0 Type of Recipient Non -Profit CDBG National Objective low/mod clientele HOME $0 HOPWA $0 Start Date 1/1/2009 Completion Date 06/30/2009 Total Formula $0 Prior Year Funds $0 Performance Indicator 1000 Households Annual Units 1000 Households Assisted Housing $0 PHA $0 Local ID Units Upon Completion 1000 Households Other Funding $0 , Total $102,987 TYPE OF REQUEST ELIGIBLE SOURCES OF FUNDING Grant Administration Request Public Service Request CDBG Physical Improvement The primary purpose of the project is to help: Homeless: Persons with HIV/AIDS: Persons with Disabilities: Objective Category Public Housing Needs: Suitable Living Environment: YES Decent Housing: Outcome Category Availability/Accessibility: YES Economic Opportunity: Affordability: Sustainability: Other Comments: The program must directly purchase the equipment and allocate to the groups that it is serving. Income data will need to be collected from the program participants to establish that at least 51% of those served are low to moderate -income. City of National City, California COUNCIL AGENDA STATEMENT `"iVIEETING DATE April 7, 2009 AGENDA ITEM NO. 15 (ITEM TITLE Resolution of the City Council of the City of National City authorizing a letter of support from the Mayor of the City of National City to the U.S. Department of Transportation Maritime Administration regarding Knight and Carver Yacht Center, Inc.'s grant application for $12,000,000 to the Small Shipyards Grant Program funded by the American Recovery and Reinvestment Act of 2009 a PREPARED BY Carlos Aguirre DEPARTMENT Housing and Grants Division EXPLANATION (Ext. 4391) Community. Development Dep. Section 3508 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and the section entitled "Supplemental Grants for Assistance to Small Shipyards" in the American Recovery and Reinvestment Act, 2009, provide that the Maritime Administration shall establish an assistance program for small shipyards. Under this program, there is currently an aggregate of $98,000,000 available for grants for capital improvements, and related infrastructure improvements at qualified shipyards that will be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration. Knight and Carver Yacht Center, Inc. plans to upgrade their facility to be able to haul and service larger private and commercial vessels. The upgrades include the equipment to haul these vessels, new docks for berthing, electrical modifications directly related to operation of the new equipment, various shop improvements to accommodate the larger equipment serviced with these vessels and the training and hiring of employees as work increases with the expanded facility. The grant application is due on or before April 20, 2009. Environmental Review NI N/A Financial Statement There is no financial impact on the City of National City. Approved By: Account No. nance Director STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Draft Letter of Support to the Maritime Administration dated April 7, 2009 A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A LETTER OF SUPPORT FROM THE MAYOR OF THE CITY OF NATIONAL CITY TO THE U.S. DEPARTMENT OF TRANSPORTATION MARITIME ADMINISTRATION REGARDING KNIGHT & CARVER YACHT CENTER, INC'S GRANT APPLICATION FOR $12,000,000 TO THE SMALL SHIPYARDS GRANT PROGRAM FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Section 3508 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and the section entitled 'Supplemental Grants for Assistance to Small Shipyards' in the American Recovery and Reinvestment Act, 2009, provide that the Maritime Administration shall establish an assistance program for small shipyards. Under this program, there is currently an aggregate of $98,000,000 available for grants for capital improvements, and related infrastructure improvements at qualified shipyards that will be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and WHEREAS, Knight & Carver Yacht Center, Inc. which is located in National City, intends to apply for $12,000,000 in grant funds, and if it is successful in obtaining these funds, plans to upgrade their facility to be able to haul and service larger private and commercial vessels. The upgrades include the equipment to haul these vessels, new docks for berthing, electrical modifications directly related to operation of the new equipment, various shop improvements to accommodate the larger equipment serviced with these vessels and the training and hiring of employees as work increases with the expanded facility; and WHEREAS, Knight & Carver has been an active employer in National City for many years; and WHEREAS, National City is an industrial -oriented, ethnically diverse community of 63,000 residents that depends on manufacturing firms such as Knight & Carver for good - paying, family sustaining jobs; and WHEREAS, the capital improvements which would be made by Knight & Carver using grant program funds would generate dozens of employment opportunities for new workers and provide contracting opportunities for local enterprises; and WHEREAS, the City Council commends Knight & Carver for its continuing role as a business leader in National City, and wishes to strongly support Knight & Carver in its application for funding under the Small Shipyards Grant Program. Resolution No. 2009— April 7, 2009 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes a letter of support from the Mayor to the U.S. Department of Transportation Maritime Administration regarding Knight and Carver Yacht Center, Incas grant application for $12,000,000 to the Small Shipyards Grant Program funded by the American Recovery and Reinvestment Act of 2009. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Nail Attachment #1 Draft Letter April 7, 2009 Dear Maritime Administration: Re: Knight & Carver Yacht Center, Inc.'s application to the Small Shipyards Grant Program I am pleased to voice my whole -hearted support for Knight & Carver Yacht Center, Inc.'s application to the Small Shipyards Grant Program. The company has been an active employer in National City, California, the City I proudly serve as Mayor. Sam Brown, Knight & Carver's top executive, tells me the capital improvements made with your grant program would generate dozens of employment opportunities for new workers and provide contracting opportunities for local enterprises. National City is an industrial -oriented, ethnically diverse community of 63,000 residents that depends on manufacturing firms such as Knight and Carver — as well as small businesses and the U.S. Navy. Right now, I regret to report, we are experiencing higher -than -usual unemployment — upwards of 13.5%, the highest in more than 10 years. The figure will likely grow in the coming months as the recession deepens, with its impact sure to be especially painful on blue-collar cities such as ours. commend Knight & Carver for its continuing role as a business leader in National City and offer my strongest endorsement for its overall operations and hiring potential. This grant program would create good -paying, family -sustaining jobs that our workforce desperately needs — now more than ever. Please feel free to contact me directly if you'd like more information or verification. Office: (619) 336-4233 Email: rmorrrison@nationalcityca.gov Sincerely, Mayor Ron Morrison City of National City City of National City, California COUNCIL AGENDA STATEMENT '....ETING DATE April 7.2009 16 AGENDA ITEM NO. / ITEM TITLE Resolution providing that the Records Manager/Community Development Commission (CDC) Recording Secretary shall pay two percent of the PERS employer -paid member contribution based on the entire salary for that position, which is paid by the City and partly reimbursed by the CDC, and that the PERS contribution for that position shall be based on the entire salary for that position, PREPARED Bl�hich is paid by the City and partly reimbursed CDC. EXT. George Eiser 'u D City Attorney EXPLANATION Michael Dalla ,/ City Clerk The proposed resolution would provide that the Records Manager/CDC Recording Secretary shall pay 2% of the PERS employer -paid member contribution based on the entire salary for that position, which is paid by the City and partly reimbursed by the CDC, and that the PERS contribution for that position shall be based on the entire salary for that position, which is paid by the City and partly reimbursed by the CDC. All other items of compensation (e.g. salary, cafeteria health benefit) shall remain as established in August 2002 pursuant to Resolution No. 2002-109. This resolution is similar to and consistent with recent action taken for the Mayor and City Council, City Manager and City Attorney. `C , Environmental Review XX N/A (Financial Statement None MIS Approval >STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2009 — XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PROVIDING THAT THE RECORDS MANAGER/COMMUNITY DEVELOPMENT COMMISSION (CDC) RECORDING SECRETARY SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION BASED ON THE ENTIRE SALARY FOR THAT POSITION, WHICH IS PAID BY THE CITY AND PARTLY REIMBURSED BY THE CDC, AND THAT THE PERS CONTRIBUTION FOR THAT POSITION SHALL BE BASED ON THE ENTIRE SALARY FOR THAT POSITION, WHICH IS PAID BY THE CITY AND PARTLY REIMBURSED BY THE CDC BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That the Records Manager/Community Development Commission (CDC) Recording Secretary shall pay two percent of the PERS employer - paid member contribution based on the entire salary for that position, which is paid by the City and partly reimbursed by the CDC, and that the PERS contribution for that position shall be based on the entire salary for that position, which is paid by the City and partly reimbursed by the CDC. Section 2. That all other items of the Records Manager compensation shall remain as established in August, 2002, pursuant to Resolution No. 2002-109. Section 3. That this resolution shall be effective beginning the first pay period after its adoption. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .41""MEETING DATE April 7, 2009 17 AGENDA ITEM NO. ITS TITLE IT arrant ' egis er ' • or e peno. o Amount of $1,493,315.42 roug in PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXPLANATION Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 02/25/09 through 03/03/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Industrial Coating 225546 102,501.25 PD Waterproof Project SDG&E 225548 267,603.00 Bay Marina CA Bank & Trust 225577 554,126.74 Escrow Retention Public Emp Ret Sys 225640 276,205.04 PPE 02/23/09 1 Environmental Review N/A Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,493,315.42 BOARDJ COMMISSION RECOMMENDATION 1. Warrant Register #36 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/8O) 1 of 6 WARRANT REGISTER # 36 3/3/2009 Payee Description chk no chk date Amount INDt SIRIAI. COATING ANI) JANUARY 2009 SERVICES 225546 2/26/09 102,501.25 AT &I CALIFORNIA l INDF:RGROUNDING UTILITIES 225547 2/26/09 8,182.17 SD(T & E. RES NO 2009 - 28 RAY MARINA PROJ 225548 2/26/09 267,603.00 BILL JA('OB REFUND FOR BOND ON Tt IP EVENT 225549 2/26/09 2,500.00 AUI.T & ASSOCIATES APPRAISAL - PACIFIC VIEW ESTATES 225550 3/3/09 350.00 GE CAPITAL. COPIER LEASE 225551 3/3/09 418.96 HORIZON HLALTI I FAP EMPLOYEE ASST PROGRAM - CDC 225552 3/3/09 114.56 NATIONAL CITY HISTORICAL LEASE TERMS ANNUAL PAYMENT 225553 3/3/09 5,000.00 POWER PLUS EQUIP RENTAL - AQUATIC CENTER 225554 3/3/09 195.00 'WEI:TWATER AUTHORITY INSTALL FIRE. SERVICE 225555 3/3/09 16,092.00 ` I800-RADIATOR RADIATOR 225556 3/3/09 121.80 3-D ENTERPRISES I)ECEMI3ER 2008 SERVICES 225557 3/3/09 42,714.90 3T EQt)IPMEN I COMPANY, INC. SIIIPPING CHARGES ON 1.OANER EQUIP 225558 3/3/09 134.70 A-1 HYDRAULIC SERVICES, IN(' OIL FILTER, MATERIALS 225559 3/3/09 1,440.50 ACEDO RETIREE IILAI:III BENEFITS MAR'09 225560 3/3/09 160.00 AFI.A(' AFLAC ACCT #I4DM36 FEB 09 225561 3/3/09 1,563.44 AIRGAS - WE:S7" I IELIUM 225562 3/3/09 23.14 ALL. FRESH FOOD/CONSUMABLES 225563 3/3/09 933.73 ALIEN RETIREE IIEAI.T/I BENEFITS MAR'09 225564 3/3/09 125.00 AM -SOD INC PERFORMANCE "FIT GRASS 225565 3/3/09 303.41 AMERICAN ROTARY BROOM CO.. INC MOP#62683 TOOTH MOTOR SPROCKET 225566 3/3/09 81.20 AS/II RY ENVIRONMENTAL. SERVICES 50/50 COOLANT 225567 3/3/09 210.54 BAN(' OF AMERICA Pt IHLIC & ('AT" LOADER EQUIP LEASE PMT# 12 225568 3/3/09 3,077.02 BEAU('I /AMP REFUND FOR CALPERS DEDUCTIONS 225569 3/3/09 44.55 '1-:SF BEST & KRIEGER LEP CLAIM COSTS: BALLARD() 225570 3/3/09 23,959.50 1 2 of 6 e-- Cps{MRN,IA }.1* INCORPORATED fry ._J WARRANT REGISTER # 36 3/3/2009 Payee Description chk no chk date Amount B10SIHELD F:NVIRONMENTAI. 3131 HOOVER AVE DECONTAMINAIION 225571 3/3/09 2,020.00 BOGLE RFIM13 - EDUCATIONAI. 225572 3/3/09 160.00 BOOT WORI.I) MOP 464096 1300'FS (GISH - PARKS) 225573 3/3/09 125.00 BOYD RETIREE 11EALTI1 BENEFITS MAR'09 225574 3/3/09 145.00 (' W REED JR RETIREMENT 2000964-S90 MAR'09 225575 3/3/09 1,087.23 CALIFORNIA BAKING CO URI:AI) PROEM ICI s 225576 3/3109 587.70 CALIFORNIA BANK & TRUS I ESCROW RF: FENTION# 2010291209 225577 3/3/09 554,126.74 CALIFORNIA ELECTRIC St ll'PI Y MOP 445698 Elik I RICAI. MATERIALS 225578 3/3/09 948.45 CALIFORNIA HIGHWAY ADOPTION CO PARAPDISE CREEK LITTER REMOVAL. 225579 3/3,09 1,920.00 CEB ('A AI)MIN MANDAMUS. 2009 IIPI)ATE 225580 3/3109 154.4',a2110 CHILDREN'S HOSI'FTAI. CHILD SEXI IAI. ABUSE EXAMS 225581 3/3109 788.00 CITY OF CARLSBAI) SAFE IY DISPATCHER TESTING-JAN 09 225582 3/3.'09 113.14 CONDON REIIRH.: MALT! TH BENEFIT'S MAR'09 225583 3/3'09 280.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES - PD 225584 3/3'09 1,507.72 COUNTY OF SAN I)IEGO SD SHARE OF P(' REVENUE - JAN 09 225585 3/3/09 5,488.25 DANIEI. PEARCE/ RPM WEI.I)ING LABOR/REPAIRS-SKATE PARK RAMPS 225586 3/3/09 843.10 DEFRA'lIS RE FIREL HEAL FI I BENEFITS MAR'09 225587 3/3/09 120.00 DICERCHIO RETIREE HEALTH BENEFITS MAR'09 225588 3/3/09 70.00 DIRECT EDGE, INC. TOOTH I IIREADFD LEFT 225589 3/3/09 562.09 1)IXIELINE LUMBER CO. MOP 45707 PAINTING SUPPLIES - FIRE 225590 3/3/09 1,081.54 DREDGE RE'FIRI:1: IIEAI.II1 BENFFI IS MAR'09 225591 3/3/09 250.00 DREW FORD MOP #49078 RE FAINER. COVER. LATCH 225592 3/3/09 195.20 E('OI.AB I)ISIIWASHER MAINTENANCE 225593 3/3/09 573.97 ESCONDIDO POLICE O FICI:Rs TACTICAL. VISION COURSE 225594 3/3/09 40.00 EWERT, PHILI.IP RETIREE I IEAL•I'll BENEFITS MAR'09 225595 3/3/09 160.0, 11100 3 of 6 `, WARRANT REGISTER # 36 3/3/2009 Payee Description chk no chk date Amount FEDEX SPECIAL IIANDLING C'I!ARGF.S 225596 3/3//09 34.09 FIRE F I C PRO WARRINGTON 3003 8" LEA'TIIFR 225597 3/3/09 400.20 GEORGE II WATERS LUNCH -PORT CEO/STAFF 225598 3/3/09 50.00 GEOTF.CHNICS. INC. GEOTFY'HNICAI. SERVICES 07-3 225599 3/3/09 155.00 GRAINGF.R MOP #65179 CABLE TIES 225600 3/3/09 22.95 IIAMl1.TON MEATS & PROVISIONS MEAT PRODUCTS 225601 3/3/09 1,262.26 EIAMII.TON RETIREE HEALTH BENEFITS MAR'09 225602 3/3/09 100.00 IIANSON RETIREE IIEAI:TH BENEFITS MAR'09 225603 3/3/09 135.00 HI) SUPPLY PLUMBING MATFRIAI. OVER COUNTER 225604 3/3/09 20.71 I:NDRIKS PARTIAL REFUND OF FILING 1311,1. 225605 3/3/09 5,702.85 \sir HOLLOWAY RETIREE. HEALTH BENEFITS MAR09 225606 3/3/09 150.00 HORIZON HEALTI1 EAP EMPLOYEE ASST PROGRAM - CH Y 225607 3/3/09 741.06 INTERNATIONAL. CODE COUNCII. INC' lc(' CODE BOOKS 225608 3/3/09 109.81 JAMES RETIREE: HEALTH RENEFITS MAR'09 225609 3/3/09 140.00 JEFFREY SFRVATIUS LICENSE REIMBURSEMENT 225610 3/3/09 40.00 JOHN DEIRE. LANDSCAPES MOP #69277 INFIELD MIX 2,5611 3/3/09 775.80 KAMAN INDUSTRIAL TIX'1lNOl•OGIES 80TL21 SPRCKLT/TAPERED BUSiIING 225612 3/3/09 123.78 KIMBLE RETIREE HEALTI I BENEFITS MAR'09 225613 3/3/09 300.00 KLEINFL:LDER. INC. LAB TESTING/SLURRY SEAL. 07-3 225614 3/3/09 22,542.10 KOI.ANDA RETIREE HEALTH BENEFITS MAR'09 225615 3/3/09 135.00 I.INCOLN EQUIPMENT INC. SEMINAR-C FEI)ERL.E 225616 3/3/09 395.00 MANPOWER OF SAN DIEGO WEEK ENDING 2/15/09 225617 3/3/09 876.80 MASON'S SAW & LAWNMOWER SRV(' MOT' #45729 CHAIN SAW REPAIRS 225618 3/3/09 40.77 MATIENZO RETIREE HEAL.'ill BENEFITS MAR'09 225619 3/3/09 100.00 1CCABE RETIREE HEAT: TH BENEFITS MAR'09 225620 3/3/09 280.00 \or 3 Payee MCGIJIRF: DISTRIBUTION MISSION UNIFORM SERVICE MORGAN SQUARE INC MURRAY MYERS N C CI IAMBER OF COMMERCE: NAPA AUTO PARTS NOSAL, WILLIAM A. OLIVER PRODUCTS COMPANY OI.ICH1'S POWER EQUIPMENT PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES. IN(' S „ r NAM e 3-8'7k �.- INCORPORATED WARRANT REGISTER # 36 3/3/2009 Description MII.K PRODUCTS LAUNDRY/CLEANING SVC FY 08-09 APPORTIONMENT 07 RETIREE I IEAI.TH BENEFITS MAR'09 RETIREE. HEAT: TH BENEFITS MAR'09 CHAMBER MEMBERSHIP RENEWAI. MOP #45735 TRUCK BEDS RETIREMENT SF: ITLEMI:N'I MAR'09 HOME: DELIVERY (RAYS M01' #45740 STAR EDGER. BLADE SMOG CERTIFICATION & REPAIRS JANIIORIAI. SUPPLIES PALMER CAP -CI IIJR EQIJ1PMLNT. INC 3CC SYRINGE BARREL./PI.IINGE.R PAIJIJ PERRY FORD POTTLR POWERSIRIDE BATTERY CO INC' PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYS 1 LM R.I. SAFETY SUPPLY RAY REED'S RESTAURANT EQUIP. SVC. RIVERSIDE COUNTY SI WHILE DEPT RUIZ RETIREE HLALTI l BENEFITS MAR'09 MOT' 4457(13 MAINILNAN(T SVC RETIREE IILALI H BENI:FI TS MAR'09 MO!' #67839 BAI FIERY KNIFE SHARPENING SVC MOP . 45742 UNIFORMS - FACILITIES SERVICE PERIOD 02-09-4 SAFETY GLASSES RETIREE. HEALTH BLNLFITS MAR'09 I;QI IIPMENT SVC TUITION:SEGAL/ZEFERINO/ESTABROOK RETIREE HEALTH BENEFITS MAR'09 chk no chk date 225621 3/3/09 225622 3/3/09 225623 3/3/09 225624 3/3/09 225625 3/3/09 225626 3/3/09 225627 3/3/09 225628 3/3/09 225629 3/3/09 225630 3/3/09 225631 3/3/09 225632 3/3/09 225633 3/3/09 225634 3/3/09 225635 3/3/09 225636 3/3i09 225637 3/3i09 225638 3/3/09 225639 3/3/09 225640 3/3/09 225641 3/3/09 225642 3/3;09 225643 3/3;09 225644 3/3;09 225645 3/3109 Amount 344.25 123.32 5,722.28 150.00 140.00 65.00 197.10 1,028.54 1,648.12 440.1 `, 2,261.62 412.58 186.19 340.00 284.02 150.00 666.99 45.00 708.02 276,205.04 194.11 190.00 142.50 117.00 310.0� 4 Payee SAN DIEGO BUSINESS JOIJRNAI. SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SD-IIJUANA BORDER INITIATIVE. SIXi&I: SIIORT. ('RAIG SOU Til RAY COMMUNITY SERVICES SOLIT1IE.RN CALIF TRUCK STOP SOUTHLAND At ITO BODY "TRATACOM `�YSCO SAN DIEGO TAB PROM IC" rS CO TE'I RA TECH ISO 01 TETRA IE('11 ISO 41 I1IE: l.16111 11OUSF.. INC 'FIB E: STAR NEWS TOM MOYNAHAN TORRFS TRI-POINT PRODUCTS. INC. TURF MAKER TW MOBILE ENGINEERING 1J S I IFAI.I HWORKS l)LI - 1Iii TURBAN LAND INS'I I Frit. 111:1 IMA IL STAFFING SERVICES JL1 IMA If STAFFING SERVICES WARRANT REGISTER # 36 3/3/2009 Description SD 131'SIN[SS JOURNAL. RENEWAL. REGIONAL OFFICERS TRAINING REGIONAL, OFFICERS TRAINING RLFI)ND-OVERPAYM'r ON IUP BI1.l. FA('ILIIIES DIVISION RETIREE IWALTFI BENEFITS MAR'09 2008 CDBG PROGRAM JlIL-SEPT 2008 MOP #45758 ULTRA LOW SULFUR LABOR, BODY WORK MOP 63845 BUSINESS CARD - PI) FOOD/CONSUMABI.ES OFFICE SUPPLIES GOLF COURSE: LEASE -LEGAL DESCRIPTION DEPOSTI # 1253 1can ST ANI) N C BLVI) MOP #45726 STROBE TtIEW NOTICE: OF BIDDERS MOP 45734 TOWING SERVICE - Pr) NC FILE CLAIM # 1413-09 UNDATED CALENDAR PADS PESTICIDE REC'OMME.NDAI 10NS ROAD DEFENDER P1JS11 BUMPER MEDICAL SERVICE l)Rl3AN LAND INSTITUTE RENEWAL. NEIGHBORHOOD TEMP EMP 01 / 1 1 /09 NEIGHBORIFOOD TEMP EMP 02/01/09 chk no 225646 225647 225648 225649 225650 225651 225652 225653 225654 225655 225656 225657 225658 225659 225660 225661 225662 225663 225664 225665 225666 225667 225668 225669 225670 5 of 6 chk date 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3'09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 3/3/09 Amount 79.00 60.00 30.00 312.18 27,832.51 300.00 9,487.00 70.06 2,859.30 63.08 7,081.76 148.47 7.590.50 1,124.40 162.01 67.50 50.00 505.87 53.85 701.25 402.38 55.00 225.00 1,008.70 1,008.70 5 6 of 6 WARRANT REGISTER # 36 3/3/2009 varo Payee Description chk no chk date Amount 1ILF1MAIT. STAFFING SERVICES TEMPORARY SR. OFFICE ASSISTANT 225671 3/3/09 175.92 WADE & ASSOCIATES CONSULTING SERVICES SPEC 07-6A 225672 3/3/09 4,059.50 WAXIL. SANITARY SUPPLY 3M CX5 SLATE (GRANITE) NOMAD 225673 3/3/09 218.00 WESTFLEX INDUSTRIAL MOP #63850 I LOSE ASSEMBLY 225674 3/3/09 24.57 WILLY'S F:I.ECTRONIC SUPPLY MOP 45763 COMP SUPPLIES - P1) 225675 3/3/09 80.36 YOUNG REIMB: ABC TRAINING CONFERENCE 225676 3/3/09 642.22 ZIF:I LOW. DAVID REFIRE1 HEALTH BENEFITS MAR'09 225677 3/3/09 150.00 ZIONS BANK I5TH LEASE PAYMT 800 MHZ EQUIP 225678 3/3/09 48,678.25 ZUMAR INDUSTRIES D/C 5"-(' 3290 WHITE PS EG 225679 3/3/09 105.16 Total $ 1,493,315.vow, (:rand Total 1,493,315.42 6 etiltko 1 e V INCORPORATED Warrant Register # 36 3/3/2009 001 GENERAL FUND 508,221.77 105 PARKS MAINTENANCE FUND 3,345.35 109 GAS TAXES FUND 1,538.51 115 PARK & REC CAPITAL OUTLAY FUND 307.70 125 SEWER SERVICE FUND 5,183.08 166 NUTRITION 13,178.33 172 TRASH RATE STABILIZATION FUND 461.55 212 PERSONNEL COMPENSATION FUND 6,495.77 282 REIMBURSABLE GRANTS CITYWIDE 285.84 290 POLICE DEPT GRANTS 642.22 301 GRANT-C.D.B.G. 9,487.00 307 PROPOSITION A" FUND 303,965.93 345 TRAFFIC CONGESTION RELIEF 275,602.71 505 HOME FUND 350.00 511 TAX INCREMENT FUND 297,605.69 626 FACILITIES MAINT FUND 28,099.95 627 LIABILITY INS. FUND 24,465.37 628 GENERAL SERVICES FUND 67.50 632 GENERAL ACCOUNTING SERVICES 165.35 `or 643 MOTOR VEHICLE SVC FUND 10,221.40 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,124.40 727 BUILDING AND SAFETY T & A DEPOSITS 2,500.00 Total 1,493,315.42 City of National City, California COUNCIL AGENDA STATEMENT 'MEETING DATE April 7, 2009 18 AGENDA ITEM NO. ITEM TITLE ttarrant register or t e perio Amount of $1,591,096.65 PREPARED BY D. Gallegos -Finance EXPLANATION. 0 0 through 03/10/09 in the DEPARTMENT Finance Jeanette Lad o 619-3 36.4 3 31 Per Government Section Code 37208, attached are the warrants issued for the period of 03/04/09 through 03/10/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Dixieline Builders Boys & Girls Club Ironman National City Diablos Payroll Check# 225687 225712 225743 225758 Various Amount 57,415.25 60,000.00 59,040.70 50,000.00 1,036,101.60 Explanation Casa Familiar 3rd Qtr Funding Retrofit Diesel Reimb-Sub Recipient PPE 02/23/09 Environmental Review Financial Statement Not applicable. N/A Account No STAFF RECOMMENDATION Ratification of warrants in the amount of $1,591,096.65 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #37 ``.. ATTACHMENTS (Listed Below) Resolution No. A-200 (Rey 9/80) CALIFORNIA --0- 1/3 PAYEE HOMESAFE ENVIRONMENTAL. INC SWEETWATER AUTHORITY A COPY WORLD CHARLES J REILLY CORPORATE EXPRESS COUNTY OF SAN DIEGO DESROCHERS DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION FEDEX HARRIS & ASSOCIATES HdL COREN & CONE JEFF KATZ ARCHITECTURE MICHAL PIASECKI CONSULTING NATIONAL CONSTRUCTION RENTAL SD ELECTRIC RAILWAY ASSOC SDG&E SWEETWATER AUTHORITY 3AN FUTURES NosseRONICA TAM & ASSOCIATES WELLS FARGO BANK CITY OF CHULA VISTA WADE & ASSOCIATES AIRGAS-WEST ALVARADO AMERICAN LUNG ASSOC OF CA AMERICAN ROTARY BROOM CO . INC AT&T/MCI AT&T/MCI BANK OF AMERICA BANK OF AMERICA BICYCLE DISCOVERY BOYS & GIRLS CLUB CA MUNICIPAL TREASURERS ASSO CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CEB CINGULAR WIRELESS CITY OF CHULA VISTA CITY OF TUSTIN CONSTRUCTION ELECTRONICS INC CORPORATE EXPRESS COUNTY OF SAN DIEGO SIS MANAGEMENT SYSTEMS, INC ENGINEERING INC DAPPER TIRE COMPANY DATA TICKET INC NATIONAL CITY C. INCORPORATEv WARRANT REGISTER # 37 3/10/2009 DESCRIPTION MOLD AWARENESS TRAINING WATER FAC/MARINA GATEWAY REPRO -DIGITAL COPY BONOD EXPERT & CONSULT - JAN 2009 MOP 45704 OFFICE SUPPLIES - S8 C & M MEAT PACKING RETIREMENT BENEFIT FEB & MAR 2009 CASA FAMILIAR 1111 D AVENUE GRANGER HALL WASTE SERVICES SPECIAL MAIL HANDLING COURIER DESIGN SVC MSI DEMO-QUANSET HUTS CONTRACT SVCS PROPERTY TAX LIBRARY REMODEL CRYSTAL REPORTS UPDATES FENCE LEASE FOR 1640 E PLAZA BLVD MAINTENANCE - MWR LEASE 1430 HIGHLAND AVE 1615 E 4TH ST IMPLEMENTATION PERFORMANCE IDIS FY 06/07 - 119 CREDIT CARD EXP JANUARY 2009 SERVICES PRINCIPAL PM BAY MARINA WIDENING MOP #45714 SAFETY GLASSES LIABILITY CLAIM HEALTHY HOMES GRANT PROGRAM SWEEPER REPAIRS CALNET 2 PHONE 01/13 - 02/12/09 PHONE XXX-6486 12/01/08 - 01/19/09 CREDIT CARD EXPENSES - PD CREDIT CARD EXP - CM LABOR TO TUNE UP 3 POLICE BIKES BOYS & GIRLS CLUB 3RD OTR FUNDING ANNUAL DUES FOR 04/01/09-03/31/10 KM REKEY STANDARD CYLINDER MOP #45698 CLR B17/M3D HPS LAMP PRACTICE UNDER CEQA 2009 PD WIRELESS SVC 01/06 - 02/05/09 ANIMAL SHELTER COSTS CALPACS 2009 ANNUAL MEMBERSHIP MAINTENANCE - MARCH 2009 COPY PAPER MAIL PROCESSING 12/16/08-01/15/09/ SAFETY VEST -REFLECTIVE PANELS JANUARY 2009 SERVICES TIRES FOR CITY FLEET PC PROCESSING, APPEALS - JAN 2009 CHK NO DATE AMOUNT 225680 3/10/09 390 00 225681 3/10/09 9,000 00 225682 3/10/09 447 21 225683 3/10/09 3,518 55 225684 3/10/09 27172 225685 3/10/09 5,152.70 225686 3/10/09 220 00 225687 3/10/09 57,415 25 225688 3/10/09 104 75 225689 3/10/09 62 03 225690 3/10/09 2,710 00 225691 3/10/09 1,200 00 225692 3/10/09 7,189 00 225693 3/10/09 675 00 225694 3/10/09 919 70 225695 3/10/09 600.00 225696 3/10/09 79 49 225697 3/10/09 1,352.56 225698 3/10/09 11,868.96 225699 3/10/09 131.25 225700 3/10/09 121.72 225701 3/10/09 33,446 50 225702 3/10/09 24,756 00 225703 3/10/09 9 00 225704 3/10/09 210.00 225705 3/10/09 30,663.90 225706 3/10/09 792 52 225707 3/10/09 1,03842 225708 3/10/09 319 53 225709 3/10/09 2.424 69 225710 3/10/09 606.01 225711 3/10/09 70.08 225712 3/10/09 60.000.00 225713 3/10/09 155.00 225714 3/10/09 63.35 225715 3/10/09 128.52 225716 3/10/09 173.37 225717 3/10/09 2,433.20 225718 3/10/09 8.163 51 225719 3/10/09 275 00 225720 3/10/09 843.55 225721 3/10/09 1,580.81 225722 3/10/09 5,876.93 225723 3/10/09 2,085 85 225724 3/10/09 15,209.75 225725 3/10/09 93.26 225726 3/10/09 1,356.05 2/3 PAYEE DAY WIRELESS SYSTEMS (20) DISCOUNT SPECIALTY CHEMICALS DIXIELINE LUMBER CO DIXIELINE LUMBER CO DREW FORD ELECTRO-OPTICAL INSTRUMENTS CO ENVIRONMENTAL HAZARDS SERVICES ESGIL CORPORATION EXPRESS TEL FAST SIGNS FEDEX FENTON GOMEZ HD SUPPLY HdL GOREN & CONE IKON OFFICE SOLUTIONS IRONMAN JC TOWING LADRIDO LASER SAVER INC LASER SAVER INC LUNT MANPOWER OF SAN DIEGO METRO FIRE & SAFETY MICHAL PIASECKI CONSULTING MORE DIRECT MURILLO MURILLO N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY DIABLOS OFFICE OF THE MEDICAL EXAMINER ONE SOURCE DISTRIBUTORS PACIFIC AUTO REPAIR PACIFIC PRODUCTS & SERVICES PARTS PLUS AUTOSTORE #711 PERRY FORD PETER & LORNA FRANCIS INC PMW ASSOCIATES POWER HAWK TECHNOLOGIES, INC PRUDENTIAL OVERALL SUPPLY RODRIGUEZ RODRIGUEZ RON BAKER CHEVROLET SALMERON SAN DIEGO HYDRAULICS 0-- CALIFORNIA -0 NATIONAL CITY 1r1C�o o ORPORATED WARRANT REGISTER # 37 3/10/2009 DESCRIPTION RADIO SERVICE CONTRACT ALL PURPOSE CLEANER MOP 45707 WEDGE BOLT/DRILL - FIRE MOP #45707 HACKZALL KIT, BLADE SET MOP #49078 CROSSMEMBER CLAW CRADLE BALL FOR RECON HEALTHY HOMES DEMONSTRATION PLAN CHECKING SERVICES OF BLDG LONG DISTANCE 01/20 - 02/20/09 VINYL WHITE, 9 X 12, PRINTED FEDEX CHARGES REIMB CONFERENCE REFUND REFUND FOR BUSINESS LICENSE PLUMBING MATERIAL OVER COUNTER CONTRACT SVCS PROPERTY TAX MAINTENANCE & SUPPLY BILLINGS INV#224594 RETROFIT DIESEL MOP #68862 TOWING SERVICE BUDGETING FOR POLICE DEP MOP 45725 INK CARTRIDGE PRINTER MAINTENANCE MILEAGE REIMB WEEK ENDING 2/22/09 RECHARGE DRY CHEM EXTINGUISHER CRYSTAL REPORTS UPDATES UNIVERSAL TILT WALL MOUNT DEPOSIT #1242 134E 7TH STREET P/R REPLACE CHECK - ACCT CLOSED CITY ENHANCEMENT GRANT JAN'09 CITY ENHANCEMENT GRANT FEB'09 MOP #45735 BRAKE ROTOR REIMB-PROG SUB RECIPIENT AGREEMT OBSERVER SAFETY CLOTHING MOP #67256 DUAL REMOTE CONTROL SMOG CERTIFICATION & REPAIRS PERFORATED TUBING/STEEL RIVETS MOP #64946 31 SRS KWIK BLDS MOP #45703 SUSPENSION REPAIRS LIABILITY CLAIM COSTS BUDGETING FOR POLICE DEP POWER HAWK MAINTENANCE SVC MOP 45742 TOWELS EXEC DEV WORKSHOP WEEK ONE EXEC DEV WORKSHOP WEEK TWO MOP #45751 RETAINER PIR REPLACE CHECK - ACCT CLOSED SEAL KIT REPLACEMENT CHK NO DATE 225727 3/10/09 225728 3/10/09 225729 3/10/09 225730 3/10/09 225731 3/10/09 225732 3/10.'09 225733 3/10/09 225734 3/10/09 225735 3/10/09 225736 3/10/09 225737 3/10/09 225738 3/10/09 225739 3/10/09 225740 3/10/09 225741 3/10/09 225742 3/10/09 225743 3/10/09 225744 3/10/09 225745 3/10/09 225746 3/10/09 225747 3/10/09 225748 3/10/09 225749 3/10/09 225750 3/10/09 225751 3/10/09 225752 3/10/09 225753 3/10/09 225754 3/10/09 225755 3/10/09 225756 3/10/09 225757 3/10/09 225758 3/10/09 225759 3/10/09 225760 3/10/09 225761 3/10/09 225762 3/10/09 225763 3/10/09 225764 3/10/09 225765 3/10/09 225766 3/10/09 225767 3/10/09 225768 3/10/09 225769 3/10/09 225770 3/10/09 225771 3/10/09 225772 3/10/09 225773 3/10/09 AMOUNT 4,548.43 295 84 22.87 1,41537 181.15 212.99 360 00 24,369.71 6078 102.77 64.29 334.00 50.00 274.78 1,200 00 3,687.82 59,040 70 35.00 408.9<,400 135.88 307.40 45.19 883.20 108 82 675 00 1.878 68 100.00 66 55 3.750.00 3,750.00 485.71 50,000.00 36.00 37 25 18400 6,590.25 176.04 352.15 731 25 393.00 843.36 189 90 250 00 250.0t 2 74 263.99 207 34 3/3 `r PAYEE SAN DIEGO MIRAMAR COLLEGE SMART & FINAL SOLANO PRESS BOOKS SOUTHERN CALIF TRUCK STOP STANDARD AUTO RECYCLING STEVENSON STRATACOM SUPERIOR PRODUCTS THE SAN DIEGO UNION TRIBUNE THE STAR NEWS TOPECO PRODUCTS TRISTAR RISK MANAGEMENT TRIVIZ U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS UNDERGROUND SERV ALERT UNION -TRIBUNE PUB. CO. `lFRIZON WIRELESS TA PAINT `WR SCIENTIFIC WADE & ASSOCIATES WATERLINE TECHNOLOGIES WEST GROUP PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WOOD & WOOD P.AYROI.1. Pay period Start Date 5 2/10/2009 NATICON„.., env atcyti- INCORPORATED WARRANT REGISTER # 37 3/10/2009 DESCRIPTION TUITION V FERNANDO/A GARCIA MOP 45756 PLST PLTS - COUNCIL CURTIN'S CA LAND USE MOP #45758 ULTRA LOW SULFUR TAURUS TRANSMISSION TAXPAYERS ASS BREAKFAST FORUM MOP 63845 LETTERHEAD - MYR 1891177/1894081 BOWLS/PANS/LADLE PUBLIC NOTICE ADVERTISING ADVERTISING BIDS, AUCTIONS MOP #03856 NUTS. BOLTS. SCREWS WC REPLENISHMENT ICI TERRORISM FOR INVESTIGATORS CREDIT CARD EXP - PURCHASING MEDICAL SERVICES UNDERGROUND SERVICE ALERT CHGS PUBLICATION OF PLANNING • FEB 09 CELL PHONES 01/22 - 02/21/09 GRAFFITI PAINT INV 36901113 LAB SUPPLIES PRINCIPAL PM/SOCCER FIELD 07-1 MUNICIPAL POOL CHEMICALS CA COURT RULES, STATE & FEDERAL MOP #63850 WATER NOZZLE MOP #45763 MOTOR RUN CAPACITOR LIABILITY CLAIM End Date ('heck Date 2/23/2009 3/4/2009 CHK NO DATE 225774 3/10/09 225775 3/10/09 225776 3/10/09 225777 3/10/09 225778 3/10/09 225779 3/10/09 225780 3/10/09 225781 3/10/09 225782 3/10/09 225783 3/10/09 225784 3/10/09 225785 3/10/09 225786 3/10/09 225787 3/10/09 225788 3/10/09 225789 3/10/09 225790 3/10/09 225791 3/10/09 225792 3/10/09 225793 3/10/09 225794 3/10/09 225795 3/10/09 225796 3/10/09 225797 3/10/09 225798 3/10/09 225799 3/10/09 A/P Total AMOUNT 20 00 641 80.44 47 60 1.174 38 4500 97 88 391.12 540 80 6469 493.68 46.943.79 288 60 820.06 110.00 198 00 873 80 5,699 11 222 89 893 44 12, 726.75 857 21 52 21 1465 15759 16.611 14 554,995.05 1,036,101.60 GRAND TOTAL $ 1,591,096.65 *}- CALIFORNIA --0- ATIO AL City. INCOAPOBA'rED Warrant Register # 37 3/10/2009 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 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING 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 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM 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 644 EQUIPMENT REPLACEMENT RESERVE 726 ENGINEERING/PUBLIC WORKS T&A DEPOSITS 844,195.01 28,484.84 21,523.73 3,612.37 2,067.30 8,005.00 17,797.71 32,823.45 8,229.16 1,420.05 899.00 12,595.74 1,250.09 1,750.52 930.06 4,451.04 2,717 85 1,14823 599.92 3,124.34 32,663 96 17519 4,613.64 35,348.22 1,020.64 5,983.64 6,377.70 3,414.70 21,072.76 57,415.25 50, 000.00 159,576.73 1,692.45 22,986.86 68,397.82 11,727.39 3,876.89 10, 984.95 19,312.27 15,331.98 59,040.70 2,457.50 1,591,096.65 City of National City, California COUNCIL AGENDA STATEMENT ftia"MEETING DATE April 7, 2009 AGENDA ITEM NO. 19 IITEM TITLE Public Hearing - To determine whether the Public Health or Welfare require the formation of undergrounding utility District No. 16A on Plaza Boulevard from 1-805 to the West of Palm Avenue. (Funded by utility allocation funds for undergrounding). PREPARED BY Yolando Vitug EXPLANATION See attached explanation. DEPARTMENT Engineering EXT. 4414 Environmental Review X N/A Financial Statement Approved By: Finance Director Funds are available from the San Diego Gas & Electric Company, allocated through funds for undergrounding. Account No. STAFF RECOMMENDATION Hold the Public Hear BOARD / COMMISSION COMMENDATION N/A I ATTACHMENTS ( Listed Below ) Resolution No. 1. Exhibit `A'- Map of District No.16A 2. Exhibit `B'- List of Names and addresses of the property owners within the District No. 16A J A-200 (9/99) EXPI.:\N;\ I ION: On December 10, 1991, the Underground District No. 16 was established by Resolution no. 91-221 for undergrounding of utilities on Plaza Boulevard from 1-805 to the West of Palm Avenue however, due to reprioritization of the projects, the undergrounding work was postponed. In order to reactivate the Project and do the undergrounding work prior or concurrently to the Plaza Boulevard Widening Improvements, the City will need to re-establish the district. On January 26, 2009, the representatives of the City and utility companies held a field meeting again and re-established the underground boundaries for District No. 16A (Plaza Boulevard from 1-805 to west of Palm Avenue). The map (Exhibit 'A') and impacted properties address list (Exhibit 'B') are attached. Public Hearing is being held tonight. A resolution is included in the City Council agenda as a separate item to establish Undergrounding Utility District No. 16A on Plaza Boulevard from 1-805 to the West of Palm Avenue whether the public health, safety or welfare that require the formation of undergrounding Utility District No. 16A. EXHIBIT 'A' IDERGHROUND UTILITY DISTRICT NO. 16A PLAZA BOULEVARD FROM INTERSTATE 805 TO JUST WESTERLY OF PALM AVENUE Boundary Underground Utility District No.16A i /• ar ..Y .w 1.P 14TH W Z W > a 9_ STREET 4_i 9 1 1 .S. • W a 0 it 9 ; _ _- 15T11STREET __- < Q Iz R ! g a M) ! S ; R 11th W z W E > cc STREET e Ail a 1 1 STREET •/ /40 .21 7w ly STREET g i 9Tirifi [ 19 � 9 i 5 1 11111:111 ` 1 g I z 1.11 IS. 3 a a .9 s IW 11:111111© 107 11112 1 ..e i BOULEVARD NELL 4 RI z w a an RII '7- 16th M! W Z Q } Id W INTERSTATE 805 W CC W N O Q CC a. 11th gui 111 STREET ICI'?1'1 1 1'1 "I'I'I'Il\ 11 I1 PROPOSED UNDERGROUND UTILITY DISTRICT NO. 16A SCALE: NONE IA1111311' "13" Addresses of the impacted properties A1'N OWNER'S NAME SITE. ADDRESS BUSINESS AND ADDRESS ItOME!O I TIER 1. 557-270-20-00 Hutchinson Family Trust 10- 1 3-05 1627 1 2"' Street, National ('it. Residential P.O. 13o\ 2007 Rancho Sta. Fe. LA 92067 2. 557-330-09-00 13.I'. \\e,t ('oast Products 1.I.0 154O I:. Plaza RR(I. National ('it\ Commercial P.O. Box 5015 Buena Park. C!\ 90622 1. 557-410-I5-00 Orkin, Incorporated 1606 E. Plaza 13I'd.. National (:it. Commercial 131 1 16 Imperial 11..v. Sta. Fe Spring, (i\ 90670 •1. 557-410-05-00 Puedan Family Trust 09-05-03 1736 F. Plaza 13k.1., National (.'ih Commercial 2124 -Alexander Dr., Escondido. (•.\ 92025 5. 557-270-02-00 Santamaria Francisco P I.i. ine. Trust 1 1 1 3 Paler Avenue. National ('it. Residential 1 1 13 Palin Avenue, National Cit.. ('.\ 91950 6. 557-270-03-00 Peer James R. & Juanita 1 1 17 Palm Avenue, National City Residential P.O. Box 1197 National City, CA 91951 7. 557-270-01-00 f\iiranda Irma I.. 1 121 Paler Avenue, National ('itIlcsidcntial 1 121 Palm Avenue, National City, CA 91950 .41 City of National City, California COUNCIL AGENDA STATEMENT "'MEETING DATE April 7, 2009 AGENDA ITEM NO. 20 1ITEM TITLE Resolution establishing Underground Utility District No. 16A on Plaza Boulevard from I- 805 to the West of Palm Avenue. (Funded by utility allocation funds for undergrounding). PREPARED BY Yolando Vitug EXPLANATION See attached explanation. DEPARTMENT Engineering EXT. 4414 Environmental Review X N/A Financial Statement Approved Finance Director Funds are available from the San Diego Gas & Electric Company, allocated through funds for undergrounding. Account No. 1 STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A 1 ATTACHMENTS ( Listed Below ) Resolution No. .111 1. Exhibit 'A'- Map of District No.16A 2. Exhibit 'B'- List of Names and addresses of the property owners within the District No. 16A. 3. Resolution A-200 (9/99) I NI'I.AN.\'1ION- On December 10, 1991, the Underground District No. 16 was established by Resolution no. 91-221 for undergrounding of utilities on Plaza Boulevard from 1-805 to the West of Palm Avenue however. due to reprioritization of the projects, the undergrounding work was postponed. In order to reactivate the Project and do the undergrounding work prior or concurrently to the Plaza Boulevard Widening Improvements, the City will need to re-establish the district. On January 26, 2009, the representatives of the City and utility companies held a field meeting again and re-established the underground boundaries for District No. 16A (Plaza Boulevard from 1-805 to west of Palm Avenue). The map (Exhibit 'A') and impacted properties address list (Exhibit `B') are attached. On March 3, 2009, the City Council set the Public Hearing to April 7, 2009 and It is recommended that the Resolution be approved for establishing Underground Utility District No. 16A on Plaza Boulevard from 1-805 to the West of Palm Avenue whether the public health, safety or welfare require the formation of undergrounding Utility District No. 16A. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 16A ON PLAZA BOULEVARD FROM INTERSTATE 805 TO THE WEST OF PALM AVENUE WHEREAS, a public hearing was called for Tuesday, April 7, 2009, at the hour of 6:00 p.m. in the Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as: Plaza Boulevard from Interstate 805 to the west of Palm Avenue; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 16A of the City of National City. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 16A, as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by personal service or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility Resolution No. 2009 — April 7, 2009 Page 2 or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Attached hereto, marked Exhibit "B" and hereby incorporated as part of this Resolution, is a list of all persons owning real property within Underground Utility District No. 16A, as shown on the last equalized assessment roll. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney IDERGHROUND UTILITY DISTRICT NO. 16A LAZA BOULEVARD FROM INTERSTATE 805 TO JUST WESTERLY OF PALM AVENUE Boundary Underground Utility District No.16A V d AO 7/ 1 , F F ? R PROPOSED UNDERGROUND UTILITY DISTRICT NO. 16A !AMBIT "II" Addresses of the impacted properties APN ONVNER'S NAME SITE :11)DIZESS BUSINESS j AND ,k1)1)ItESS IIONIE/OTHER 1 557.2.70-20-00 I lutchinson Hand1 10-13-05 1627 P. 1 2th Street, National Citv Residential 2007 Rancho Sta. Fe. CA 9206.7 2 557_3 ;0 00 00 R I) West Coast Products I I.(15-10 1.. Plaza II' d. National Cit Commercial liox 5015 Buena Park. CA 90622 3. 557-110-15-00 Orkin. Incorporated 1606 F. Plaza Ithd.. National ( 'it) ('ommercial 131116 Imperial I Iwy, Sta. 1.e Springs CA 90670 557110-05-00 Puedan Fainil\ Trust 09-05-03 1736 E. Plaza Blvd.. 'National (.'it‘ Commercial 2124 Alexander 1)r., Fscondido. CA 92025 5 557-270-02-00 Santamaria Francisco P Irving Trust 1113 Palm Avenue, National ('it Residential 1113 Palm Avenue, National ('ity, ('A 91950 6. 57-270-0.1-00 Peer lane1, Juanita 1117 I'alrn Avenue. National (it ‘ Itcsidential 1(ox 119.: National (itv. CA 91951 7. 557-270-0-1-00 Ixliranda Irma L. 1121 Palm A‘-einie. National CitvResidcntial 1121 Palm Avenue. National Citv. l'A 91950 `" MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 7, 2009 AGENDA ITEM NO. 21 rITEM TITLE TEMPORARY USE PERMIT — Easter Egg Hunt 2009 sponsored by Cornerstone Church San Diego at Las Palmas Park on April 11, 2009 from 10 a.m. to 1 p.m. with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 EXPLANATION DEPARTMENT Neighborhood Services Division This is a request from the Cornerstone Church of San Diego to conduct an Easter Egg Hunt at Las Palmas Park on April 11, 2009 from 10 a.m. to 1 p.m. Set up for the event will commence at 7:00 a.m. on the day of the event. This event will include an Easter Egg hunt for the community, air jumpers, live music, and game booths. Cornerstone Church will set up approximately 15-20 game booths for children and will also have live music on their own stage. Rodeo Meats will sell tacos at the event. The applicant is not requesting the use of the City's stage and will provide security for the event. Environmental Review X N/A ,o Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the "fUP, plus $200.00 the Fire Inspection. Total fees: $437.00 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Easter Egg Hunt at Las Palmas Park DATE OF EVENT: April 11, 2009 TIME OF EVENT: 10 a.m. to 1 p.m. APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ 1 YES [x] NO [ ] YES [x] NO [ 1 YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ YES [x] NO [ 1 SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager POLICE (619) 336-4400 No police required. A request for extra patrol was sent to the I'atrol Division FINANCE (619) 336-4330 Rodeo Meats (Taco vendor for the event) must have a business license prior to the event FIRE (619) 336-4550 Stipulations required by the Firc Department for this event are as ftllows: I) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas are to he maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) hire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 7) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($210.00) dollars. 8) Any electrical power used is to he properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 9) First Aid shall he provided by organization. 10 Provide map of site area. Map to include placement of chairs,tables etc. Note: Fee for event is to be $200.00 for an after hour/weekend inspection. This shall be paid directly the National City Fire Department prior to the event. Fire Department Fees can only he waived by City Council. RISK MANAGER (619) 336-4300 1'vc reviewed the application for the proposed repeat use and note that the one day event will be held entirely on City property at Las Palmas Park, with set up to occur at 7 am that morning. The logistics of the event appear reasonable and do not pose any unusual liability exposure, except for the "air jumpers", which I assume will be provided by a separate vendor from the sponsoring organization. We should ensure there is sufficient liability coverage to respond to any injury claims and i recommend that we obtain a separate certificate of insurance for Commercial General Liability coverage from the air jumper provider, as well as an additional insured endorsement issued in favor of the City (see below). We require minimum limits of one million dollars ($1,000,000) per occurrence. Evidence of this insurance, as well as the separate additional insured endorsement must be provided PRIOR to the event. The applicant sponsoring organization, Cornerstone Church of San Diego, has signed the Hold Harmless and indemnification Agreement; however no certificate of insurance has been attached to the application. The contact person(s) must be asked to provide a current insurance certificate prior to the scheduled date of the event and I would suggest liability limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. A notation on the certificate is not sufficient. If you have questions or need assistance with the insurance issues, let me know. Ashley K. Fenton, Risk Manager PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement Parks Division No involvement Facilities Division No involvement Please Note: The applicant is not requesting use of the City stage or PA system. Therefore, the PA system and/or the stage will not be provided. Additionally, applicant shall provide staff for clean up at the park. Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. 14 Type of Event: _ Public Concert Parade Motion Picture Event Title: _ Fair _ Festival _ Demonstration _ Circus Grand��Other 0Opening if �`� _w-eto ��t_"0 {-t,� Diu-"i' Community Event Block Party Event Location: LD-S fvipet iyiktL5 Fa V L.- Event Date(s): From A1l1101 to 4 l 0 Total Anticipated Attendance: 1 / 1 ( .— Participants) ( Spectators) Month/Day/Year Actual Event Hours: 10 /pm to 1 ante Setup/assembly/construction Date: *11f 1 n9 Start time: let Wt Please describe the scope of your setup/assembly work (specific details): (0' (!itimTi&s ejv tf cwt." Dismantle Date: k (( 109 Completion Tim : J 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. 4-d'c Nil Sponsoring Organization: etviiek Chief Officer of Organization (Name) Applicant (Name): (' Vl a"/1 Address: t 1)( A- 5Ale&-VIA e 640(44 or Som 12-te r CA Vora_ IAYv IIW ikad For Profit A/11ot-for-Profit Daytime Phone () * Zs -933 /ening Phone: ( Owe Fax: (___) Contact Person "on site" day of the event: eilk✓l Q,I/l Co/tm I iv I lkiteri%0 6etvi Pager/Cellular: ((P1()) 07 - d 1 c) ECM 9) 8Zg -817D NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a 'Tax Exempt, nonprofit" organization? `AYES _ NO Are admission, entry, vendor or participant fees required? _ YES ✓ NO If YES, please explain the purpose and provide amount(s): nla Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 2-j6Zb Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Indude details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. will he- QtaLed comer 1(Y x 10' (1,0-tkdOe. me5 (Arvi5ed c6.itt-t wiluitv,vs) v, be, av# I CkW-e . s (dai) (M11 k r - d I dos@, - ek. ► s t c. watt bc. Pvo.r MM'ed 0 ILA h -€� v , ptfov &e1 o f ve w-t ed as -(riled e✓a . you 1,a; tovitakytzoim _ YES /NO If the event involves the sale of cars, will the cars come exdusively from National City car dealers? If NO, list any additional dealers involved in the sale: 11 YES ✓NO Does the event involve the sale or use of alcoholic beverages? _/ ✓YES _ NO Will items or services be sold at the event? If yes, please describe: w<<� be. sold - ?,ateo tliteck Critto _ YES ✓ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? if YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 'YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies i .' Sizes l 0' )( i Or 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: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Ctift-iya4 n Vea_do 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: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: k -1.arM , J` " "7S pl 1014av s w U d `'ram AA Please describe your procedures for both Crowd Control and Internal Secunty: 1$'IU,YC \[jviiv1'ck VUt 1Lh eV ! ✓iti A e!/� evDA 4 Vcan YES ✓ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES 41O 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: nr% Please indicate whal arrangement you havg made for providing First Aid Staffing and Equipment. Li p,:, I. }I tvIrl Rill ,9N 1IV 11aLIst. (1til- lirzb in .tic -L I zso I— •./ l'e- RA4 rigs Mil-4 01t7t C , wi l l sifts/ Ail /%ill h i — r (00r%/2-r4 ►''ter_ Please de cube y r Accessibility Plan for ccess at your ev nt by individuals vii,1 disabi ities Ni kV Lf fl Vi l C Q�C i s-�t\A aill- ' A C r �o i t ` }-�, rill ► .l I UUJ1 (j iVt(Au Wt- jt5d i ,ts V Please provide a detailed descriptio of your PARKING plan.�,, J l" r W'« U & Lac C4t rviao 1Vt st�f / OH SvtVVDu.$dlk teYM ✓ tti , liAtt r.v Ol w; l e?Am i h� Please describe yourplait ``f ( DISABLED P RKING: (��IAI�►�rin wt Luh�t2�l ext-s i vlo ��� dis019 (-ed ' ` Please describe your plans to n tify all residents, businessesland churches impacted by the event: t.erS 4�- e ti4 1DlI( k iMA l It Aka(/ ►fidY IAtIlM vvN Y�1 IAA `I t55 ou-�- 1•iV --K v kpv,-1' viziezov (Mo . NOTE: Neighborhood residents must be noti red 72 hours in advan a 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: if Number of Bands: re Aln AliiS xo YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 10 /pm Finish Time ) am0 ✓YES NO WiII sound checks be conducted prior to the event? If YES, please indicate: Start time: 4 pm Finish Time (0 Opm Please describe the sound equipment that will be used for your event: e ovuc btztrd , irri- 4i'cr ; -clec �ltc-ztl c[vu'� YES /NO FireVGbrtcockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: ,ett€741- Wt,vlwete-S aAk 10tALlhon Revised 08/10/05 9 For Office Use Only Event: ,...'' Department Date Approved? Yes No Initial Specific Conditions of Approval Nue 'moo Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 10 Address 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 ( fl 4 C uti pl r/1' L' Person in Charge of Activity 41 ¶ \i i C0✓ r^ e ( lgtA- Gu , - ad I�4'ct 1 Ci ,Cara-4tosV C� � Telephone ((pI 3) (174-7,77?77-2 Date(s) of Use AP✓► I RI 2JO3 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. Siure of Applicant 4/zPIfA'sS �l.4- 3/ �7 dal Title Date For Office 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) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. 0.6„,.fi, s. TA-t) Type of Organization CAUVAn 100+ (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) Name of the sponsoring organization 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) Noof Date: 2/25/2009 Time: 2:06 PM To: e 16197737710 Page: 002 Nye ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/25/2009 PRODUCER (800) 995-7525 FAX: (800) 995-7521 Church & Casualty Insurance Agency Inc 3440 Irvine Ave Suite 150 Newport Beach CA 92660 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC It INSURED CORNERSTONE CHURCH OF SAN DIEGO 1920 SWEETWATER RD NATIONAL CITY CA 91910 Church Mutual Insurance 18767 • .r.•.I i1,1 R COVERA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, 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 POl CIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE 1 IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR L TR ADM IN$RD TYPE OF INSURANCE POLICY NUMBER _ POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMlODM') LIMITS A GENERAL X LIABILITY ..... ,'1'., V.I. "r.i I:;:+-i•I�I:r 0168013-02-661244 7/5/2008 7/5/2009 ! A' •1 rr - ,iit,t N, t $ 1,000,000 ['WAGE ',I. r,1 N:r I, Fr.EV,S_f,E,,,a:w'(r,•c 1 300,000 ;1:.IrJ•,r: L! F1,..;r ti,F(,FY,.,N,,C,(,;,.z,.,,1 5 10,000 X (.FN. J 1'11.'.(.N✓l .tAt, v'f,Ii,.• 1 1,000,000 INII:A 4((,-Lr.:.If 1 3,000,000 r;:'.A:t '.nt; :1f'r,. .I, ,n,r, n: cKr'. T- :•N:_�,, :.,.. S 1,000,000 AUTOMOBILE LIABILITY „1 I .;-' I ' '1;•,- . r , _•,JL.. - I'!'; i E. I'1,4.1 r..l'r r PT,:J.„A::.( 1i ,r e,C1•Irrt, 1 GARAGE LIABILITY i.I, f:" ,"'!I r ,A l:•r'r,FNT .; r,•t t IILAN I r, i•r. 1 1 EXCESSAJMBREI I. A LIABILITY . L,' I I : f..rd : h'nl ., !.fq r IA Itill.yr, 1 1 nr, r, F.F'. ,•F 1 1 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY r,.`,',;r.,,,i:r,,;RAr:Tr:E1•„,t.:•:Iy1 .,F , ! 1::1,11 1.' f •- ,.. F x 1 , I 't i D' I,n •Ir 'P.,o-ln' i I�(J1_ 1 1 NJI;C -1 FAT,,, AC, I.P.- 1 - I 1 .. ! A • . r Tat +r 1 ' , r 1; 1 1 •'I;'f :',. F ,`, 11P,1:MI1 1 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICL ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of insurance for Easter Egg Hunt located at Las Palmas Park, 1800 E Newell St, National City, CA 91950 on April 11, 2009. Certificate holder is named additional insured only with respect to the activities of the Named Insured on the above described prenuses. All activities/operations not specifically run/or conducted by the Named Insured are excluded. CERTIFICATE HOLDER CANCELLATION City of National City 140 E 12th St National City, CA 91950 ACORD 25 (2001/08) SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAIL THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER RS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ti• ACORD CORPORATION 1988 13 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 7, 2009 AGENDA ITEM NO. 22 ITEM TITLE TEMPORARY USE PERMIT — Easter Egg Hunt 2009 sponsored by Crossroads Church of San Diego at Kimball Park on April 11, 2009 from 12 p.m. to 4 p.m. with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Crossroads Community Church of San Diego to conduct an Easter Egg Hunt at Kimball Park on April 11, 2009 from 12 p.m. to 4 p.m. Set up for the event will commence at 9:00 a.m. on the day of the event. This event will include an Easter Egg hunt for the community, three game tables for kids, three crafts tables and coloring tables for the entirety of the event. The Easter Bunny will be present from 1 pm to 3pm for kids to take pictures with. Crossroads Community Church will provide refreshments and snacks for the participants at no cost. The applicant is not requesting the use of the City's stage and will provide security for the event. 01' } Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00 for processing the TUP, plus $210.00 Finance Director for the Fire Department's Inspection. Total fees: $447.00 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Crossroads Community Church EVENT: Easter Egg Hunt at Kimball Park DATE OF EVENT: April 11, 2009 TIME OF EVENT: 12 a.m. to 4 p.m. APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES x] NO [ ] YES x ] NO [ ] YES x] NO [ ] YES x ] NO [ ] YES x ] NO [ ] YES x ] NO [ ] YES x ] NO [ ] YES x ] NO [ ] YES x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager POLICE (619) 336-4400 No police required. A request for extra patrol was sent to the Patrol Division. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event arc as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas arc to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) A fire safety inspection is to he conducted by the Fire Department prior to operations of the event. 7) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of -two hundred ten ($210.00) dollars. 8) Any electrical power used is to be properly grounded and approved. Extension cords shall he used as "Temporary Wiring" only. 9) First Aid shall be provided by organization. 10 Provide map of site area. Map to include placement of chairs,tables etc. Note: Fee for event is to be $210.00 for an after hour/weekend inspection. This shall be paid directly the National City Fire Department prior to the event. Fire Department Fees can only he waived by City Council. c& RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the one day event will be held entirely on City property at Kimball Park, with set up to occur at 9 am that morning. The logistics of the event appear reasonable and do not pose any unusual liability exposure. The applicant sponsoring organization, Crossroads Community Church, has NOT yet signed the Hold Ilarmless and Indemnification Agreement; no certificate of insurance has been attached to the application. The contact person(s) must he asked to provide a current insurance certificate prior to the scheduled date of the event and I would suggest liability limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. A notation on the certificate is not sufficient. If you have questions or need assistance with the insurance issues, let me know. Ashley K. Fenton, Risk Manager PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement Parks Division No involvement Facilities Division No involvement Please Note: The applicant is not requesting use of the City stage or PA system. Theretore, the PA system and/or the stage will not he provided. Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. Event Location: VI Ien bit ii (.'l /e_ , %L1(f_Ih cr11L ( Cdi y/II toci to //11/[iq Total Anticipated endance: jonth/Dayr ( cLParticipants) (.P i• Spectators) Actual Event Hours: /„ 1 am;to Y am4E,i, i Setup/assembly/construction Date: 001 Start time: �. t�.`�."r�'+`F.��::^�".u�}i,t •Yt}':iRr+'.++�hsK•�t'aa.Y7., �,�.".,,.,,.,,��..��� �1r�:'►�+.�c-;�{i."Jiij�ciF �;.:�.-. 7�'•'•r 1•�.1�.•,�1�;ttrif;`•.���.,.=;<.:.�7�•,;Y.:��H:.•�'.;•b1'1YT ^i.•7.=�''tl' ��nH6:`�l!',i�. ."1 Type of Event. _ Public Concert Parade Motion Picture Fair Demonstration Grand Opening _ Festival Community Event Circus _ Other Lltfzr F✓rn-{ Block Party Event Title C %V)"_,IL'a (ic (Mil r(1 tilt '' tiVM t Event Date(s) : From Please describe the scope of your setup/assembly work (specific details): ( I ;i A f[' �c.! 1.q- 474hk-,S , iD crl-f br1< 81 d'7at -the ) '�lts�-t'✓ b�/1.nt( Dismantle Date: �%/l Completion Time: (01)1., am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening it •..K!'a:,,.:...2. 7 'tTlV.r� tnti-..1 .✓.• 77wt^...N{r �..,. re.._, .r.,k3;• i; 4.er* s.: �1 •- i! =�c-.t -� t. i a 1. . S. i 1 • i+. . . w � . . « -• .. wi' 4"�•C •a 17 r^. y-Ir.'y.�.+i...^ .p:+•i-I.�.,.�. r,• •••:.e•w.,; .4. 3.•.r -♦ r /t wr••w i i - w;.. < a. w. N :1 F•..n. n . •i'"ti • fr'♦ 'i 1'• '-�+ ry$'ir •S V • ._ r••.w• .+ v .. i-�' •'• • t., .i.v.....t.Fa.f.y...w•...i..•9.- u.4 e.w'...a • --• +a'4a ••' �/Ir• >. r?sy ,f.. �1'•.Y nT•!••.•� Pt ♦•'• M•, f. N .�r �. Vay• h r .'�.,• ry 1. . yy1 µ.l•i J•'4.! • ri• .4. 4 • .. .. i •7 i • t "V . j i.. , Ir '1� ♦. ��. >. �1 .#'T -. 4 ~a • y.i-:.:�_.✓, -+pry._ F _.a..--_rr.,. ._•.�'_:•.�..:..�.�� h• ��ah -¢.:-'h.'... ol.:. ,, .'r�+'. ..Ov:1c�%�.._ ti•4 '.f`.�_"�.;':] -_". •f . ;✓.".itJLi A�1`:� �^'!`_ 'I� T�— " ��t : -'.ram.= _ .^.' �"r.:.� _ .��ii::: _ :Y`.3:_=` �JS_ Sponsoring Organization: Contact Person "on site" day of the event: C_-{'L js VP CI j lowiu 4 (J'/i//[J. For Profit X Not -for -Profit Chief Officer of Organization (Name) AShir Alf/ y Applicant (Name) �£ /IG (lLI S //)d Address: 17.2 2 l r'i ; 4�. In�t r lr:� ,Bet4Li, , (/ Daytime Phone: (6-hj)'%41/ /PS Evening Phone: ( ) 574(, Fax: ( ) f� i bkl& Cry SVkit' Pager/Cellular: J4 q S113- 5 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 • t•'.+1. i;� r i •� -� � 1• '�%f..•..«: .. mot! .,--�.\:,..^.. J ....y+ j• 3r�:w .. i r c+ 1 �t,.,.... f/.fi i:': :.1_ r.,.1�, rr 1•..�fK�i:::� 1' 1 • •�q J•• 'rl �r. •� ',1 ... '�04 • •� • �. .,` .i:7! - , . t .. �.F. • 4- •., _ e • .� r d • 'S r.; t 4• •[: a' r �.� A r Hi ��71t ii��•lYj �l{�{}i ��. •�i y'.{�'If N'C Ki 1.. F.}�K ��SS Ii: ,l'+j t'� Ky1 )`�Fe. P'i.+ty�. -.11c4 :, �♦ yM n's♦/i 41 :^4.Z 4.1P4+•"."M::�ta1�./NHr af.,V �F 2yha .,•ZM'��f•T4iH►'v7 .?dca•.�. .w.4+4' i'►?. Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? _ YES >< NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event $ Estimated Expenses for this event $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? {' f}•1{ J+r" f t -.•• c I 1 \ A•\ w . , o I. • i e -� I "f \!' .^-r .-..- T.,.•, .� • - . �-n r . 3 "( ' • --.off 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 inforrrtion about the event uf , LW, I?irl -10 nc,'-4 3 ( nn•1E, r h10 n rX fa L 1 e 1 f Y lilt, Lt) YIo i<r', r1 PSIAK`i. 1 1'G Ai ip;t i.. I C,t) e , L0,11 hf ve, lbn e s i�,- Li n l iGrk fO -Takc I(turn°`, U)i .. A` ;pin t. (A511I v['Iht) ei M!.' it htur ;Al is . k}l / / %X, � p i l -tip 1jcCc 3r. 1 Pio f , have, re. re slr'L -._ snack i3O i t c.,,L. 1 LA iif14 (X }}e/ ?L. the' P,C��'�t? i' P >Y d ,3c 4JM J- h.tun V 16.1 i he, ri thc, Ina P (cx zc area. Qti bL -out, Ye_ c, (en e- e ick dart c i,)t (f lac. Lk\ hL L t •0n r tii 1 D-1- i n• =tht ) Gras • _rL ?,�t'�fe,1( Lim .. t-Q c t( bt . JJ J • i j b j "O`' {tt (CAfrT LiTtk- L'cil ati3O -tc rl . _•)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: ,�T.K'tJ•t5 � �' �wr ...gyp{ vt-. �. .. i_�.s.r I '* ..:M,1 :.�i' 1. .. •1v 4� �•�' S. . . ✓ .�,.. 7�,<f.' �� -�a�f1+'. �..1. .:.; y. (;.�._"> . i. •7 j.r:.w �ti �!•v1 ,�1 •r t.�F ;}' ..`; ��µ ..Y • r � .. - .:�:�Mj. 3..1 r ;, J <. i.4.y , .. .5�. �. y. +r�!. ►�]-p[ .i•..y. �v► + w �er.�• a. iit.�y..77.. n . q�i •,ti-�••c.. •y�a•�3v.{t' t.rr� y4" «•tiy• .o.. y +.rr��v'1:�• rs YES NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: YES _4 NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES , NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES )4 NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas LL Please describe how food will be served at the event: it u?Z, pia v Z i 7 , ► >! 1,t)Dtk id �..Ls-1- be,a stri‘�l i faot- 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: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event. t )L, coil' have. vo)ur1feexs h duly) ctt✓iA ct aYNq� yn •.-..•.�•.. �+♦.r .��•'Tr .J r-.r?r T`� ;•r ��+ �.a...,� ' ,Pfr�•r�_•—•-`,:;:(•-r-.a—...� r •i: ';r5� 1 • 11 a. t '•�:?i-Ir a. .,tea;' i' r< ti w•. ylt^ rr .h r•a•1 -•. •sl �.- •J..•r, 1 't S w+ti3. „�-•i-•' \ a �� � i • ) + ''• �. �%'��+r ���' . �� � W � a-, . •� :v4� a� - f` i. . ?<. • • •� Jam i J •i. •j, •'$. .•`.'i••i� d: •s•tis•. �- a �i •... r.f.�r., ;. •.4.' •a.4'••a L 1.'♦^•'4:'♦- . 1 1 ,...V14at, 7-y 4'V1•riw 4•r' R +!'fiat hra•Ni ?.-' ...�.T••',.•v4'b x.• f 1.r•w H. r.t .i•4. h�..w•N.:�'^- 'Y �1'•w•Htc . T Please describe your procedures for both Crowd Control and Internal Security: UPI tec.{ a.)1, 1 hc. Mitt,. ?c k)-1 f k J S YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization. Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. /lux, Please describe your Accessibility Plan for accessat your event by individuals with disabilities_ The M)tiI he nn17�l/nq a1. Mr, r',vtnf lIk-f re' Ili res- '•tv'4' f•. _ >.`1'1.•rr .r.= ,�Ky.;�„Tt..�•�••..�"'r r ... •, i_••��:::f T y (... - :,r� ♦ f -r r ,t.: �;, , t �` C. f •• t w• cif _ A'� + i)' MV+•..tM•..i .di� . �.H4.�.„ ...a.a«w.4.. 1•y.wa.y.q•/+6.• tFa.•,,,+•4.• , Tw.•,/.. . :•}•. -q.{,• -• • •!r:T.••.•'1'+. •'a.. NiS Please provide a detailed description of your PARKING plan: Gi )t fire_ Jul i,�Sin�j #�1t_ 'pa.rri jha-� t-S -0,,vvia. Loa, a 0, Mk 4r`I (11a nUi k lertzt Ltrcwnd ��� �x.Y I? $ o Ct.M Gc nt (L. Please describe your plan for DISABLED PARKING: salni as LL 1-1)Ve. r/ fr"'�TJ Tf �•1'r-•�'+��T'�� '►^�4��.'r{ir" f' �!T!1 v�•M �-w.w .. �• V r J�,-!•..+(.I••i f•" �•cc1 ��.1••v+�' �^a 1. �{• .. +.��1+ .f'�fiY. �.i�.7,-�,`! i ..^Ti.J'.'T�.•y^/ram-�Sn ' �'4..•^7`'•�tiJia+ .:1:,•. ,.�� •` h ; � . r"�ti•••.•.f�e_ ,• .• t•t•S.�c .�.Li•.,...� i1-� _ o ` .,• , •5? 1 { w� / , 1 t 1 �: 4'•. 4:1 M - ' 1 ♦ i s � i• {Y sssh(.�l( t�foy1t- �v�.��y.1�fst�a(1 K h.N cFrn� p� rt. 7•i� L'31�Fw•.:ST.+.y.+v.1�k{�.-i•,.Ir'+P?tgit «Cy1vy. �i i4 tr+ rty Y� IFt•?»�r+Ma�•'tM_9/f hl�wain'ir! �+Ilfh��s.H• :F+t�f•,ll►-wnh.Mr �+fi ►•+1�Yhr•ha{,+��4h �(hhl�w,in� r?'�I�w7�°Iwww+i.�+f*!!'M�P�• Please describe your plans to notify all residents, businesses and churches impacted by the event ��ff Vl /f : frs.5"--71*ei-c4—rnr-r- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. r_r.. S"ir�!, 1!�: ..r..•,� a.4.71 41,rr� S F,r� it }--,.. r i r ii •.K.r< 4 ,r4 .i. r".•r••:►,• 14' :I.0 v.,",. 'ir:'i'r. S� N • •w ... ..-. .. w .-• a , t 1 . l - '• _ .S • •. •.' r+• .. •• 1 r •i ;a :••J� ,w..: rw i 1., 1• —I }' . '.',• . i • i r• »1• 1 j , / r ‘Y f f •. { .i _ i I ' ir•'.MC H4, t�•11d FH••. N't'..e•e•Ldi/4 •`•L'•t•• •1 a •. T,•1' 4 ♦ l:vim ",4.4 - :.� r .y♦ $'"I'1 7 .'44r w..n.,4.' .:•.i:, wwN•l.•='. wo 1 1. h•/.l d {,•...I /.i ;,•w. •YAY .., 1`1 M• ..JCi y i..0,. •�y . • .w.. r, 1.'.V•, Nk . , .i.•• '.J..•. . "., ..1-•.• ..•1 n...� :5 n.4•Y u.n fl `1 w.. �i 4 y Ir rr v. T riv ; . •r ..:i ..•,l•i i ,t 1.1 • e ..•j !: ' v• !` w i, ,• i M f 14� , . . : 'Ir • •5.,♦.,r7 F..+4••1.06 AA•ja' "``i: �•i. I .r,,, .t.(} . ! i4-.*•r•r_oJ '. •'1 ^,'.. � r -1i ti a, wA�=• ''�� rit�'L� 'r- w���1?'�,.'x���l'3r�'.`,`�:.]'SL'u�`1.'...`•`4:JS1.!Cr1�^_'"r��S�'(��.."�Y"r..:�'S`�Tf. '�T �i':. -•i.'y l< �v 1. i YES )6NO 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. _ YES• NO _ YES NO Number of Stages: Type of Music: Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm 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: Number of Bands: YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: RYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: tit I I bC. a and deut.1-/rb ts Revised 08/10/05 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date *Qu/` REQUEST FOR A WAIVER OF FEES 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? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization CHLSOOresS Cr`MinU/i (1)1 rck Type of Organization LLY('k. (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) 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 Id, — MEETING DATE Nine City of National City, California COUNCIL AGENDA STATEMENT April 7, 2009 AGENDA ITEM NO. 23 ITEM TITLE TEMPORARY USE PERMIT -- Philippine Fair & Parade at Westfield Plaza Bonita June 2009 from 8 a.m. to 6 p.m. This is a City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. PREPARED BY DEPARTMENT Vianey Rolon, 336-4364 Neighborhood Services Division EXPLANATION This is a one -day event that begins with a mini -parade of cultural showcase, costumes, organizations, beauty queen floats, and a festival program including arts and crafts, kids rides and other family -oriented activities. On site will be over 80 vendor booths of products and services that include food vendors. The Parade route assembles on northbound Plaza Bonita Road, starting at Bonita Mesa Road, then .5 of a mile to the entrance at Jared's to Westfield Plaza Bonita from 9:30am to 10:30am only. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00 for processing the TUP, plus $600.00 Finance Director for the Fire Permit(s), 12,911.04 for Police (estimated), and $367.21 for Public Works. The co-sponsorship credit is ($1,500.00). Total cost: $14,115.25. Account No. STAFF RECOMMENDATION Approve the Application for a Tetnporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: COPAO EVENT: Philippine Fair 2009 DATE OF EVENT: June 6, 2009 (set-up June 5, 2009) TIME OF EVENT: 8 a.m. to 6 p.m. APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ 1 YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: ENGINEERING (6l9)-336-4380 Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity- --call Charles or Mauro at 619-336-4380 CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coveratie to be determined by the Risk Manager.employees, agents and volunteers as additional insureds, with amounts of coverage to he determined by the Risk Manager. 1- POLICE (619) 336-4400 On February 19, 2009, I received a copy of the "Temporary Use Permit (TUP) Application for the Philippine Fair and Parade scheduled for June 6, 2009, from Corporal Aydelotte. I reviewed the TUP fir traffic related considerations. According to the TUP, the event organizers arc planning the event to be held at Plaza Bonita from 0800 hours to 1800 hours. There will be a parade traveling in a clockwise direction on Plaza Bonita Road from the mall's south entrance, entering the mall at the north entrance of the mall, and then proceeding through the mall lot to the northeast portion of the mall property. According to the supplied map, the parade will travel .5 miles on Plaza Bonita Road and .4 miles on Ring Road (Plaza Bonita property). The time for the parade is not specified in the TUP, however, in past events the parade always occurred at the start of the event. NC Public Works will have to provide barricades for the parade route at each of the traffic posts. The following locations will require fixed traffic posts. • Plaza Bonita Road (south entrance -Target) • Plaza Bonita Road (west entrance-JC Penney) • Plaza Bonita Road (west entrance- Applebees) • Plaza Bonita Road (northwest entrance -Jared's) • Plaza Bonita Road/Sweetwater Road • Sweetwater Road (northwest entrance to Ring Road) **Plaza Bonita security or other contracted private security should he required to provide traffic control and barricades for the parade route on Ring Road, which is mall property. it will be difficult for the private security to barricade the route within the mall as the entire inside circle of the route is open to the parking lot aisles. Event organizers should he aware of this safety concern and plan accordingly. The parade route along Plaza Bonita Road will require six officers and one supervisor for the above posts. Previous parades at this event have taken approximately 3-4 hours to complete. Once the parade is concluded, the shill of the officers assigned to the parade will be finished. Estimated overtime costs for the parade are: I sergeant @ 4 hours x $76.90 and 6 officers @ 4 hours x $61.81 = $1791.04. This is for only traffic control along the city streets. If NCPD would have to conduct traffic control on the mall property, at least four additional officers would be needed for an additional $988.96. A total of $2780.00. Review of the TUP indicates the organizers expect 10,000 people (2000 participants and 8000 spectators) with live entertainment. This is a very large group for a National City event. The event organizers list their plan for Crowd Control and Internal Security as "COPA-SD volunteers plus off duty SDPD officers will provide crowd control or security." Additionally, they have checked NO to hiring any professional security organization. This is a major concern, especially with an expected 10,000 attendees. Therefore, it is reasonable and prudent for the City to require the use of NCPD officers NCPD officers for the event. Using the standard concept of 2 officers per 1000, this event would require 20 officers (2 sergeants and 18 officers) for approximately 8 hours (1000-1800 hours). Estimated overtime costs for the event are: 2 sergeants @ 8 hours x $76.90 and 18 officers (ii 8 hours x $61.81 - $10,131.04. Historically, this has been a peaceful event. The event will not serve alcohol and it will take place on private property. As it is on mall property, it is realistic to assume that mall security officers and/or private ODO officers may be present. The event organizers should contact the Plaza Bonita mall management to determine how much security the mall is going to supply for both the parade and the event afterwards. The event organizers should provide this infornmation to the City in the form of a formal document on either the organization's letterhead or Plaza Bonita's letterhead. All of these factors can he considered in adjusting the amount of police officers needed for the event. The total amount of this event for overtime officers for the parade and for the event itself is estimated at $12,911.04. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to he maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the 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. Please provide emergency access to rear of Faire 3) Fire Hydrants shall not he blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:1 OBC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not he more than 75 feet travel distance in food serving areas utilizing external heart source. 7) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($210.00) dollars 8) Any electrical power used is to he properly grounded and approved. Extension cords shall he used as "Temporary Wiring" only. 9) Provide 2A:10BC fire extinguishers in the child play and food areas. Extinguisher to be mounted in a visible location between 3'/ ` to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tat attached. Please see attached example 10) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall he flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: Tents: 0 -- 400 sf- $0 401 500 sf - $250.00 501 600 sf - $300.00 601 - 700 sf - $400.00 0 -200 sf - $200.00 201 - (+) sf - $400.00 11) First Aid will be provided by organization 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all food areas etc. 13) Fees must be paid to the Fire Department Administration Office prior to event occurrence. 14) Provide map of site area. Map to include placement of Fire Department requests. 15) No parked vehicles or internal combustion engines (generator) are to be placed within 20 feet of tent/canopy. Fire Department fees can only be waived by City Council. FINANCE (619) 336-4330 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 be 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 -for -profit, there will be no charge for a business license tax. However, a business license certificate must he obtained from the City Revenue & Recovery Division, Business License Section. Non -profit's must only pay the $21.50 administrative fee when submitting their BL application. RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that while the event will he held primarily on private property at Westfield Plaza Bonita's east parking lot; several City streets, including portions of northbound Plaza Bonita Road, near Bonita Mesa Road will he affected. The time(s) of closure are not specified. The applicant sponsoring organization, Council of Philippine American Organizations of San Diego County. Inc., has NOT signed the Public Property Use Hold Harmless and Indemnification Agreement; no insurance certificates have been provided. For this very large event, with anticipated attendance of 10,000, we should require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.) aggregate. In addition, because floats will he part of the parade and trucks or other vehicles will be used to transport materials for the stages and canopies which will be erected, commercial auto coverage with limits of at least one million dollars ($1,000,000.), combined single limits, must he provided. The auto coverage must include the designation for "any auto", i.e. owned, non -owned and hired. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on both the CGL and auto policies pursuant to separate endorsements which need to be provided, along with the certificate (acord form) prior to the event. Let me know if you have any questions. PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will barricade streets and remove them when the event is over. 2. "I'hc cost to provide Street personnel support for this event is estimated to be $49.29. This amount should be paid to the City, unless waived by the City Council. a. Barricades 15 (e� 35¢ each b. Equipment 4 $1 9.09 c. Overtime Hours 8 hrs (it} $15.32 d. Total Parks Division No involvement Facilities Division: No involvement $ 5.25 76.36 285.60 $ 367.21 Please Note: "I'he applicant is not requesting use of the City stage or PA system. Therefore, the PA system and/or the stage will not be provided. Fees Unless waived by the City Council, the applicant shall pay $367.21 for staff costs associated with this permit request. This cost was estimated as follows: Street Division $367.21 (Account #001-422-221-102) Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. BY ORDER OF THE STATE FIRE MARSIIAL N.3 CT) (3 2/39 Via Orange Way, Sude 119 Spring Valley, CA 91918 (JJ ) (C) TT-) CJI (619) 670-3500 ANNUAL MAINTENANCE PERFORMED NEW 171 () w 0 0 0 Csi w (7 ›- cr n. cc 2 w u.. 0 (s/ 0) 0 0) 0 0 02/02/2009 15:41 6194746 DITAS YAMANE PAGE 01 f,w`t ••••1 -• �P • �, w :I t �,� - . ry y i.: z i . r , j f' r t:J'1 J. 1M•ra .,k,. �-i r•~ y-::v-+• ~.t. .+.•, ` i•j r �. 44. !•a +�i �•%tt t*•, . Y.•i•r:.�i.�.i-i ti ,^~ •.�J�. v �;4•'•r'•+d * iti •i w- .• ;,• •; `' Type of Event. Public Concert 7 Parade Motion Picture ✓ Fair ✓ Festrval Demonstration _ Circus Block Party _ Grand Opening Other .� Community Event EventTitle: 1 Htt,l r Yt1•�Fi Ttkc r Event Location: t 9 nk 1 E L� rx4 ,Jt14 c J �,�i e W+� Event Date(s)7 From LP 1 LP 10% f � f` Total Anticipated Attendance. 14OW (• Month/Day/Year (O Participants) ctual Event Hours: glOO��0 pm to .O3 am/ ( Spectators) Setup/assembly/construction Date: jI? [6 1` 1 Start time: 12•00 Please describe the scope of your setup/assembly work (specific details): rszv4A+1! -So ,cOVq.J - Ve,c1GP ��uenA QW'cany Dismantle Date: lD 112 1°9 Completion Time: II; 0/3 am/ mm List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and dayy ai�dd me of reo Wing. .�,t h1ofZTy R�o� t�1� k (h•A7 � J I14 4� Ir r(�SG ! (i A f"46 94D t s Mtn 1 e it I J k, JAttED'g -ro iZ(ea 7"./.,;I ••a, •r• !-�Y .#:t • .Yi:lr q• •9 • JS;. :t� :n wf. .• ..i L ••: f••l \'D^ •t -- .. . . . W .••\:4 rp -)nr• ♦ a, .•. ...# .a• ••� • r ... Sponsoring Organization: P40 ` J 'Di Not -for -Profit Chief Officer of 4rgenizalion (Name) Nl �� Applicant (Name): 0.)Or t6Q V t (1 Address: 2. e AJ4n Awan u 4 ao eld4 °Al 04 iick50 Daytime Phone: t`�"I`r 1- /•iogo Evening Phone: 8)4114'M/Fax: 414. V 24581 411-15RQ Contact Person 'on site" day of the event: �` 4-U to b i d S ` (rrM Pager/Cellular. 1D' Z ((yi4 414 2. NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS For Profit diqso 9 02/02/2009 15:41 6194746 DITAS YAMANE PAGE 02 .l. �•� is '•✓ .. , `^ • ...K �_ t :Y� r,.� 2h..,( 1+'µ LLj�,' �� q.• ..N••v C ... .•, I'^.^� F •ti-.. .t.�S.t+ t. �. ,.J v•� ��� s.na h'i 4.r.:.t.ln..y.�. ti.�t..ri ( t r... It,1n-� ••%^r .,w: +wM..` 41 v•r+.•t,... .; is"� vt.w�.i . ,TJ, st, �. ,. M•�. tir,. ;t. Is your organization a "Tax Exempt, nonprofit' organization? ✓ YES _ NO Are admission, entry, vendor or participant fees required? ✓ YES _ NO If YES, please explain the purpose and provide amount(s): ecoTt446truoR1 - t0 . to touurt*--0 IN kio►. Rv? `NAegACt.• $ Estimated Gross Receipts Including ticket, product and sponsorship sates from this event. $ Estimated Expenses for this event $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? T• r .0 +1 4, • a t-'•�♦ $ 1.,-,t.•a•.•:. •••:^•."i .�,- i (: J .... .......__•_ _ �. oaf;•. . •%- l• ...w .,ll•: l'". ^gm. •_. 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. IMt� in4 Sckoiro woct foalviisla int+ cki c tMilm *ai�d4 4 �,,�► cot 3tnokA14i eAviraall Oil�Qr�itekelq : bockm- 4v) { r .J4•i ,,,, tt J '°icl4 clod t�s i S -,d► Akt d k)tdh (1?6V Sr4Tair4 t& d rote C ncnt J ' 46" 4nctQc9 0 1100:10 di 4 schltj iha i ne_L► ccod • ' cc 61-1 d,4t`,<r-�-�,,a #• YES ✓ NO If the event involves the sale of cars, wilt the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 10 112/011/2U i 1b:41 bl4/413 1)1 I Ab YAMANE F'A(JL 03 • •••,. .(.L,1• ♦ .•'••,,:r +r ` C .l.h tmil'"4.,a tom• .... .-�.. `r• i-• • �4�^4. .t/ w• I. I• y, y. •,.�.�. .�� _ YES si NO Does the event involve the sale or use of alcoholic beverages? r' 6 YES — NO Will items or services be sold at the event? If yes, please describe: "-'t " J} ar0.,k • YES — NO Does the event involve a moving Haute 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. Ne n -/ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site ma / J YES NO Does the event involve the use of tenth or �it�? I Y�S t'J — Number of tent/canopies tt5 Sizes t to 7 .�C.� � ( 4 NOTE: A separate Fire Department permit is required for tents or canopies. 4.41'4T4,4n YES /NO Will the event involve the use of the City stage or PA system? W ', showing all streets impacted by the event. ji.ta In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable end/or Permanent Toilet Facilities Number of portable toilets: (1 tor every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barncades ➢ Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans- Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: d40031) 11ZO-M citityasad ,-ttekA) c141200 II b2/u2f2u y 15:41 bPJ4/4b U1IA5 YAMANL I-'A(iL 04 Please describe your procedures for both Crowd Control and Internal Security: 406rvilak3 Items o ti„Ak-1 cteMt uNkA e 6 tuvismk vt try . YES ✓ NO Have you hired any Professional Security organization Io handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES /NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. q t . KLAN ltoe; 4on irarnS4c 40,4r .acs. •k,c) rAtola l;tvc tea q rntv,i. Please describe your Acce sibillty Plan for access at your event by individuals with disabilities: A'Ots, Io C; kiANCAa • • •:._n. l': .1`�..:ti+r-ff .•1 '• �`� •'+:'�-- • 1'�1.•. M\ti� T.;j•r �.V .1\••: ♦'���r`\.1•.- .. i. CS .. i"t•4+11 w •1«.. i . .'r.•�...�•.1\Y.. •-.,' e.j:•.•...+a. N.:'7,4' w... e.•.� s •1..•«q.t-.. •. i.v.R' i`i(1,•:++N i Please provide a detailed description of your PARKING plan: eft ' 44 W)011i a 4 ? O A 1 n‘kaAleaVAnTwr) • Please describe your plan for DISABLED PARKING. cit0Atad leirkc;,r 4,4 maiekc cLj Mart 02/02/2009 15:41 6194746 DITAS YAMANE PAGE 05 •,cp -i�A.{.�:'.' *.i t�.f.+. r• Please describe our plans to notify all residents. businesses and churches impacted by the event C40 hAti Tt 4.q raill,t1 Wk `tid A %► vot uJ j a)44 i3 tarred, NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. � . — v..�, . I • ! • • ! ... • ,,y iy y* i,.. d .vv. rc •...ry v'.;� Y •1•V K' •V.•.r ..*7 •Y,+r.v..v.....<.t• isA'i ',..i .✓. .r. ..J.. 4 ♦ r . ni. .. •... .•iw •, 4 i.'•....! .ri • • • f :•A.'. • ..,. i.. T '•"K•.t 7:1 ,tea ). i, ..: ti 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:gr'1 Number of Bands. 4 Type of Music: O A;t' nt • YES ! NO WU sound amplification be used? If YES, please indicate: Start time: tO • Q 0 amipm Finish Time `6 '' am/pr► . v/ YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: q •' °Coa"Tipm Finish Time 10.•00 ar�/pm Please describe the sound equipment that will be used for your event t(atkirn40i- YES + NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: c Mtae b�ddc�S4 (b.1 f YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: C,44,(11 41 beVn n O�:S , T ► 414 jarlel ( *%S Revised 08/10/05 b2/02/201:1'3 lb:41 b134/46 DlIA5 YAMANL NAGE lib Event: For Office Ise Only Department Date Approved? Yes No initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 02/02/2009 15:41 6194746' DITAS YAMANE PAGE 07 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 cA�AO - tZ4 �s Person in Charge of Activity t 4- 9e.ifluin Address 2 5• t ue On®t a l r i ct 50 Telephone k°14 k. 4141' 2603 Date(s) of Use l0 f t0 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 attomeys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant -Official Tdle Date or OThce Use Only Certificate of Insurance Approved Date 16 02/02/2009 15:41 6194746' DITAS YAMANE PAGE 08 REQUEST FOR WAIVER'OF.FEE Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? / Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sp��QQn�sori orrgganization 010 " \lQirMkt �`� CAt1NGl, �WAL,( tt ) 44:32\C4ta 4,tSl`X,.�"s� \i Q S‘JV Type of Organization '° i ( u n lOdaf t '� e-lon-ta►b(a FVOn -.11/ (Service Club, Church, Social Service Agency, etc.) tJ I' 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. VW!! 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. J No (Please proceed to Question 5) 1(0 02/02/2009 15:41 6194746' DITAS YAMANE PAGE 09 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? ✓ Yes (Please provide ain explanqation and details. rLiect, cAXA) 4400 ; rat &MO/ • 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. I 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) i,.m f28 loc1 Signature Date 02/02/2009 15:41 6194746 Wsiflekl Plaza Bonita January 22, 2009 Mr. Joe Olson Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 DITAS YAMANE PAGE 10 3030 Plaza Bonita Road $2075 National City, CA 91950 T 619.267.2850 F 619.47Z.5652 RE: TEMPORARY USE PERMIT, Council of Philippine American Organizations of San Diego Dear Mr. Olson, This letter serves as official authorization for COPAO San Diego to hold an annual Heritage Festival at Westfield Plaza Bonita located at 3030 Plaza Bonita Road, National City, CA. COPAO San Diego is approved to occupy the parking lot on our property from June 5, 2009 through June 7, 2009 for setup, operation, and removal of the heritage festival. The actual festival event is June 6, 2009. Please call me at 619.267.2850 if you have any questions. Thank you. Sincerely, Ryan Peligd, CSM General Manager 14, 02/02/2009 15:41 6194746` • Map of Mervyns (619) 267-470U DITAS YAMANE PAGE 11 Page 1 of 1 Map of Mervyns (619) 267-4700 1\• — Q_,� . • • • .11 pi ;Qr yAH001 LOCAL Map. a -Pkatiofi1 .'i <fi 170:1:a. (Y+ Taamt21X011,pt WZIVAVfFQ2006 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This Is only to be used as an aid in planning. .ci !q http://maps.yahoo.com/print?azd=1 &v3=0&.intl s&&ntvt=tn&tp=1 &stx=&c1at=32.6559... 1 /26/2009 bl/J i21u3 18:b3 bl`J4/4b' DlIA5 YAMANL F'Att b 1 Tnteznal Revernii Se tico ���.z -- PlzzuzIrt� &=..ci� .oc_�c�t-�t;C�t S:af[. EP/EO,,i�•' - .-P.O. Box 23Z 0 - Le ; linge;2r, CA f :'•053-2: ",0 - Cat!WC I L Or On C OF ti:t:iv :4(fl) E e, H NATIONAL ti I PILIP1Nth FAHEni{:t1 j CtlEGU GW.•JTY 7.:T STE 211 TY, CA 920rO. EP/E0 Discl , t-,re Desk P.O. Box 23 a Lo-; ;nlr 1 c -3, _ r".6 .F•erson to C:nrlt.ic t• : F.fli.cia C. t-!ir •f l.)r h;t_trr.:i-r: Ziefer rt-��•1 j t,- : 9S''.2$Ot79 ' F TN 95,2801 7q.5 Of .. Of .•�::: �_�:._• . aur !ion; ►:aon. • This: ;. i . rk=( .•:t t.r, y..ur rf'rc:,z -fit- far ;r d c:Phi .rtai I':: f t-er of the •.- :)ani 4- t _ L1)n. ►i revic c'f our records iri'IiC itec- that t.Fl` a:'.ove-- 11Cari1-_1 or•?anizzAti n was rt_ce nizrA t-o be taxrrpt Frc:m i-t-ft7c r 1 ir-ir=•fli•= t.aax in October 1c172,as an r.ru:Ini ;;t-jcri de-.`af rjtlt•ft in In'•Ernal Rev. nue• Code sec'a.iorl 4t t(c)( s). 1'- i t'Jr:-i:•;r classified as an ar:aanizat•ian that is: not' -t =•rivai.r• . foundation as defined in'ction yQ9.(a) of *.hc code, b c :1 i:- it i5-:•n C/r9an123t.,r.1i detcrit•-:d in 1if•rtlt.rr ?;�Iti{s,j,1 ti.[il(;•i Win! .tr;1 not. however, able to Frt?vi'Jc_ you wit!: a Cam/= of i?:-ii~iilri.;•_•n lt'+..i .Z?r at this tiwf. Thc: CiE:t•� i;enlriO'•1:•n if { - '1 issued tin itct_•t,tr 1972continues t:_• br? in ►=.i f•�ct. I1 you are in nerd r.f further assi�Lar;cc , cc•nt•a•_ t- me at the .-bovr? -sdi:rt=ss We appreciate Yr,Ur cnr•F'era'••ion in I•i"ti rc :a rJ_ ' &L ,u €.- r is act 01/29/2009 18:52 6194746' U1 I AS YWM(fE -PAGE - 11 Very truly yours, James C. Stewart Counsel SIAIL U• C41'C'1IN'A FRANCHISE TAX BOARD SACRAr+F.11O• CJUFORNu 5,5897 Filipino American Organizations of San DtegO County 531 - 1Gth Street Stun Diego, California Gentlemen: Purpose: Code Section: Form of Organization: Accounting Period Ending: Organization Number: June 27, 1972 In reply rc fer to EOtJCS!c p Social -:elfare 23701f Corporat on December 31 Based on your stated purposes and the understanding that your present operations will continue or will be as proposed in your application, you are exempt from state franchise or income tax under the provisions of the Revenue and Taxation Code section indicated above. Any changes in operation, character cr purposes must be reported to this office immediately for consideration of their effect upon your exempt status. You also must report any change in name or address. You are required to file Form 199 (Exempt Organization Annual Informa- tion Return) or Form 199B (Exempt Organization Annual Information Statement) on or before the 15th day of the 5th month (0_1/2 months) after the close of your accounting period. See annual instructiom wj.th fortes for requirements. You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax under Section 23731 of the Code. In this event, you are required to file Form 109 (Exempt Organization Business Income Tax Return) by th.: 15th day of the 3rd month (2-1/2 months) after the close of your annual accounting period. If the organization is incorporating or is a foreign corporation qualifying to do business in California, this approval will expire unless incorporation or qualification is completed within 30 days. Exemption from federal income or other taxes and other state taxes requires separate applications. Conducting cooperative activities, such as co-cp toying group or cooperative credit union, will jedperd a the organizations exempt t status. I cc: !:ecretar;+ of State (Corp) j negietrar of C71rit3ble Trusts cc:: Legal Aid society of San DiAcp, Inc. aI COUNCIL OF PHIi.IPPINE AMERICAN ORGANiZA"i'1ONS OF SAN DIEGO COUNTY, INC. P.O. Box 1504 National City, CA 91950 Tel: (619) 477-4090 COPAO tc a (allorma Public Benefit Corporation and IRS_Y?) organization Established 1971 PRESS RELEASE Contact: Ditas Yamane, COPAO Executive Director (619) 474-2500 PHILIPPINE FAIRE 2009 to be held at the Westfield Plaza Bonita in National City on June 6"' NATIONAL CITY, CA. COPAO San Diego and Westfield Plaza Bonita entered into an agreement to hold Philippine Faire 2009 featuring the 11 Ph Celebration of Philippine Independence with the theme Embracing Diversity, Unity and Change! on Saturday, .June 6, 2009 from 9am -- 5:00pm at the grounds of the {Westfield Plaza Bonita Mall in National City. Preparations are in full gear fin- a bigger and fun for all festival. Philippine Faire 2009 Over-all Chairman Benjie Podsehun and Co -Chair AP/Chief Cesar Solis jumpstarted all sub -committees of the project to meet and start with the implementation of the strategic plan in helping to deliver a successful event on June 6th. The Coronation Gala for the Philippine Zaire 2009 Queens has also been set to Saturday, May 23r`l ut the Town & Countt) hotel in San Diego. ,Soh -Committee Chairman Alice Podschun, a PF Queen herself and President of the C'ity of San Diego Filipino American Employees Association, with the help of all past Philippine Faire Queens are busy with the forthcoming canvassing of this popularity contest. Interested Candidates are encouraged to please contact (619) 477-4090 and become one of the Philippine Faire Queens. (Little Miss Philippine Fuire - 3-12 years old ; Miss Teen Philippine Faire - 13-16 years old ; Miss Philippine Faire - 17-25 years old ; Mrs. Philippine Faire - married woman) llur/y! call now to register, it'll he a rewarding experience of your life! "We look forward to showcasing once again the history, arts and culture of the Philippines to the community of San Diego County, we are proud to share these to the younger generation for a better understanding of our heritage''said COPAO President Merly FerrLr. Philippine Faire 2009 is one of the programs and projects of COPAO San Diego in fulfilling its mission to promote quality of lilkk. For more information about the event and for sponsorship opportunities, please call COPAO Executive Director Ditas Yamane `a), (619) 474-2500 or COPAO Secretariat (a), (6/9) 477-4090. C1.)/).4O i.% a nonprofit 5111U0 or ani cation - a collaborative of ois,ani_taions united by a common concern /nr the economic. social and political empowerment o/ its member; through developmental programs and projects. - l•.VI) COPAO - SAN DIEGO presents PHIIIPPINE FMRE 2009 1,regam'6foosrua ilith Celebration of Pldlippiae Independence THEME: EMBRACING DIVERSITY, UNTTYAND CHANGEI Saturday, June 6, 2009 • 9:00am - 5:00pm • Westfield Plaza Bonita • National City, California Plaza Bonita 10141101111gareita the trtmesl For more information, Please Contact: Ditas Yamane, Exec. Dir. (619) 474-2500 emod. ditasyomone@cox.net www.copao-sandiego.org City of National City, California COUNCIL AGENDA STATEMENT �.METING DATE April 7.2009 AGENDA ITEM NO. 24 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the National School District for their Certificated Staff Hearings on Monday April 27, 2009 with Request for Waiver of Fees PREPARED_BY Brenda Hodges DEPARTMENT Community Services Phone: (619) 336-4413 EXPLANATION The National School District is requesting use of the Martin Luther King, Jr. Community Center for their Certificated Staff Hearings on Monday April 27, 2009 from 7:30am to 4:30pm. The School District requires a larger venue than they currently have available to them. Due to budgetary difficulties, they are requesting the City Council consider a waiver of fees for use of the facility. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 633.24 Custodial: $ 44.00 Total $ 727.24 Cleaning Deposit: $ 100.00 Environmental Review N/A Approved By: Financial Statement Finance Director Approving the request for use will result in waiving fees in the amount of $727.24 plus $100 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A-200 (9/99) City of National City Facility Use Application 140 E. 12th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle Granger Music Hall om Entire Facility Date(s) of Use: April 27, 2009 Day(s) of Use: Monday Time of Use: From: 7:30 M To: 4:30 A — INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: Certificated Staff Hearings Is the event open to the public? No Name & Address of Organization/Group: National School District — 1500 N Avenue, National Ciry CA 91950 Non- profit organization: Yes No Tax ID # 95-6002166 Anticipated Maximum Attendance: 50 Percentage of National City Residents 25% Will Admission be charged? No Amount $ N/A Will this be a Fund Raising Event? No Equipment Requested: 50 # of chairs 8 # of banquet tables X Stage X Podium/Microphone Use of Kitchen: Yes X No **PLEASE ATTACH SEATING DIAGRAM** Use of Gas for Range and Oven: Yes X No Is the Use of Alcohol Requested? No Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes X No Name: Name: Phone: Phone: How many times in the last twelve months have you requested to use a City Facility? 0 It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any Toss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation'and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT 1 HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: 3/25/09 PRINT NAME: Dennis Doyle SIGNATURE-- ADDRESS OF APPLICANT: 1500 N Avenue CITY, STATE, AND ZIP CODE: National City, CA 91950 PHONE: DAY 619-336-7705 FAX NUMBER: 619-336-7505 CONTACT PERSON ON THE DAY OF THE EVENT: Yvette Olea PHONE: (619) 336-7700 CELL: ( ) HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: _ Deposit/ Key Returned: Check Key issued: YES NO Niro 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: National School District Person in charge of activity: Dennis Doyle Address: 1500 N Avenue, National City CA 91950 Telephone: 619-336-7705 E-Mail: Dennis.Doyle@national.kl2.ca.us City Facilities and/ or property requested: Martin Luther King Jr. Building Date(s) of use: April 27, 2009 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. -5- X--6 Y Signature of applicant Date Certificate of Insurance Approved by Name and Title 4 Safety/ Security ,.,,► Please describe your procedures for crowd control and internal security: District personnel will be in charge of maintaining crowd control and internal security YES X 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: 5 4.0 Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: No alcohol consumption allowed Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES X NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 6 Client#: 2489 NATIONSCH ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/24/08 PRODUCER BB&T Insurance Svcs of CA,Inc. '50 B Street, Suite 2400 In Diego, CA 92101 800 421-6744 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC * INSURED San Diego County Schools/JPA National School District 1500 "N" Avenue National City, CA 91951 INSURERA: Everest NattonaUAmWINS' 10120 INsuRERe: Permissively Self -Insured INSURER C: AWAC/AmWINS• 10690 INSURER D: Enduranc elAmwINS' 41718 IrsuRERE: ContinentaUGr.Am/AmWINS• 20443 COVERAGES THE POUCIES OF INSURANCE USTED 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 UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSR LTR A A •DL INSRI TYPE OFINSURANCE GENERAL UABILRY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE �X OCCUR X $500,000 S.I.R. GEML AGGREGATE LIuIT APPUES PER: poucy�JE 11 LOC AUTOMOBILE UABIUTY X X X X ANY AUTO AU. OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $500,000 S.I.R. POUCY NUMBER 71P2000015081 71P2000015081 POLICY EFFECTIVE DATE IMMwoonm 07/01/08 07/01/08 POLICY EXPIRATION PATE MMJD F Y1 07/01/09 07/01/09 UNITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES 1E2 cct _ el MED EXP (Any pm Tenn) $5,000,000 S $ PERSONAL: ADV INJURY s GENERAL AGGREGATE s8,000,000 PRODUCTS •COIIP/OPAGG COMBINED SINGLE LIMIT (Es ealdent) s8,000,000 $5,000,000 BODILY INJURY (Par pinion) S BODILY INJURY (Pr accident) s PROPERTY DAMAGE (Pet acdderd) $ GARAGE LJABI ITY ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN AUTO ONLY: EA ACC AGG S C D E EXCESSIUMBRELLA UABIUTY 7 OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATOR AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes destnbe undo SPECIAL PROVISIONS Dhow OTHER Blanket Prop Blanket Prop Blanket Prop JPA MEMORANDUM OF COVERAGE 60 Day Notice of Cancellation PO09759001 CPN10000942100 RMP207110558 07/01/08 07/01/08 07/01/08 07/01/08 07/01/09 07/01/09 D7/01 /09 07/01/09 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'Issued with AmWINS permission. Property Policy includes Special Form and Replacement Cost Re: Use of premises at Martin Luther King Jr. Community Center. City of (See Attached Descriptions) EACH OCCURRENCE S AGGREGATE $ 1 1 WC STATU- TORY LIMITS El. EACH ACCIDENT ER E.L DISEASE - EA EMPLOYEE E.L DISEASE - POLICY OMIT S $1,000,000 s1,0DO,000 0,000,000 $5,000,000I$175,000 SIR 520,000,000 XS S5M $175,000,000 XS $25M CERTIFICATE HOLDER City of National City 1243 National City Boulevard National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL WI DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY POND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTAHORUMD REPRESENTATIVE r ACORD 25 (2D01/0N)1 of 3 #M447214 MGGUE 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) National City, its officials, agents and employees are additional insured 'GL) per attached form. AMS 25.3 (2001/08) 3 of 3 #M447214 l D ( ) 141 VL 1 1 l ^ ("I ylsb% ye- 0 ..3-Jt-LS • R. 'AEETING DATE: April 7, 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 25 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $297,955.69 to the City of National City for the period of 02/25/09 through 03/03/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $297,955.69 J STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A I TACHMENTS (Listed Below) Warrants for the period the period of 02/25/09 through 03/03/09 PAYEE AT&T CALIFORNIA SDG & E AULT & ASSOCIATES GE CAPITAL HORIZON HEALTH EAP NATIONAL CITY HISTORICAL POWER PLUS SWEETWATER AUTHORITY W%TIO INCORPORATED 1 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 36 3/3/2009 DESCRIPTION UNDERGROUNDING UTILITIES RES NO.2009 - 28 BAY MARINA PROJ APPRAISAL - PACIFIC VIEW ESTATES COPIER LEASE EMPLOYEE ASST PROGRAM - CDC LEASE TERMS ANNUAL PAYMENT EQUIP RENTAL - AQUATIC CENTER INSTALL FIRE SERVICE CHK NO DATE 225547 2/26/09 225548 2/26/09 225550 3/3/09 225551 3/3/09 225552 3/3/09 225553 3/3/09 225554 3/3/09 225555 3/3/09 A/P Total AMOUNT 8,182.17 267,603.00 350.00 418.96 114.56 5,000.00 19500 16,092.00 297.955.69 CALLFORNIA NATIaaav CIT1 LNCORPORATED •� COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 36 3/3/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 350.00 297,605.69 297,955.69 EETING DATE: April 7, 2009 `.. COMMUNITY DEVELOPMENT COMMISSION ' AGENDA STATEMENT National City, California AGENDA ITEM NO. 26 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $289,757.19 to the City of National City for the period of 03/04/09 through 03/10/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. P" Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $289,757.19 1 J 1 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A rilT Warrants for the period the period of 03/04/09 through 03/10/09 ACHMENTS (Listed Below) • - CALIFORNIA -c4- W%TIONALCflV INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 37 3/10/2009 PAYEE SWEETWATER AUTHORITY A COPY WORLD CHARLES J REILLY CORPORATE EXPRESS COUNTY OF SAN DIEGO DESROCHERS DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION FEDEX HARRIS & ASSOCIATES HdL COREN & CONE JEFF KATZ ARCHITECTURE MICHAL PIASECKI CONSULTING NATIONAL CONSTRUCTION RENTAL SD ELECTRIC RAILWAY ASSOC SDG&E SWEETWATER AUTHORITY 'IAN FUTURES \iiir,<ONICA TAM & ASSOCIATES WELLS FARGO BANK CITY OF CHULA VISTA WADE & ASSOCIATES NATIONAL CITY DIABLOS P,AYROI.1. Pay period Start Date 5 2/10/2009 DESCRIPTION WATER FAC/MARINA GATEWAY REPRO -DIGITAL COPY BONOD EXPERT & CONSULT - JAN 2009 MOP 45704 OFFICE SUPPLIES - S8 C & M MEAT PACKING RETIREMENT BENEFIT FEB & MAR 2009 CASA FAMILIAR 1111 D AVENUE GRANGER HALL WASTE SERVICES SPECIAL MAIL HANDLING COURIER DESIGN SVC MSI DEMO-QUANSET HUTS CONTRACT SVCS PROPERTY TAX LIBRARY REMODEL CRYSTAL REPORTS UPDATES FENCE LEASE FOR 1640 E PLAZA BLVD MAINTENANCE - MWR LEASE 1430 HIGHLAND AVE 1615 E 4TH ST IMPLEMENTATION PERFORMANCE IDIS FY 06/07 - 119 CREDIT CARD EXP JANUARY 2009 SERVICES PRINCIPAL PM BAY MARINA WIDENING REIMB-PROG SUB RECIPIENT AGREEMT End Date Check Date 2/23/2009 3/4/2009 CHK NO DATE AMOUNT 225681 3/10/09 9,000 00 225682 3/10/09 447.21 225683 3/10/09 3,518.55 225684 3/10/09 27172 225685 3/10/09 5,152 70 225686 3/10/09 220.00 225687 3/10/09 57,415.25 225688 3/10/09 104.75 225689 3/10/09 62 03 225690 3/10/09 2,710 00 225691 3/10/09 1,200 00 225692 3/10/09 7,189.00 225693 3/10/09 675 00 225694 3/10/09 919.70 225695 3/10/09 600.00 225696 3/10/09 79.49 225697 3/10/09 1,352 56 225698 3/10/09 11,868.96 225699 3/10/09 131.25 225700 3/10/09 12172 225701 3/10/09 26,000 00 225702 3/10/09 24,756.00 225758 3/10/09 50,000.00 A/P Total 203,795.89 85,961.30 203,795.89 GRAND TOTAL $ 289,757.19 CALIFORNIA —f NATIONAL L airy- C x a�aQ E� COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 37 3/10/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21,072.76 57,415.25 50,000.00 159,576.73 1,692.45 289,757.19 City of National City, California Community Development Commission COUNCIL AGENDA STATEMENT "*.. EETING DATE April 7, 2009 AGENDA ITEM NO. 27 (ITEM TITLE Resolution of the Community Development Commission of the City of National City (CDC) ratifying a Second Amendment to the Memorandum of Understanding (MOU) with Metropolitan Transit System (MTS), San Diego and Arizona Eastern Railroad, City of National City and the Community Development Commission of the City of National City in conjunction with the Bay Marina Drive Widening. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION As part of the Bay Marina Drive Widening Project, railroad improvements must be removed to provide the most cost effective way of widening the street. The MOU amendment provides authority to the City to remove necessary railroad improvements in the area as outlined in Exhibit C of the attached MOU. Due to the urgency in completing the work, the Agreement has already been signed and should now be ratified by the Board. At this time there is no cost associated with this MOU. 2 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolutigfi. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. MOU A-200 (Rev. 7/03) RESOLUTION NO. 2009 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY RATIFYING A SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM, THE SAN DIEGO AND ARIZONA EASTERN RAILROAD, THE CITY OF NATIONAL CITY, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY IN CONJUCTION WITH THE BAY MARINA WIDENING PROJECT WHEREAS, as part of the Bay Marina Drive Widening Project, railroad improvements owned by the San Diego & Arizona Eastern Railroad (SD & AE) were required to be removed; and WHEREAS, in order to remove these improvements, the City and the Community Development Commission (CDC) were required to enter into a Second Amendment to a Memorandum of Understanding (MOU) previously entered into between the City, the CDC, SD & AE, and the Metropolitan Transit System (MTS), which owns SD & AE; and WHEREAS, due to the urgency in completing the removal of improvements, the Second Amendment to the MOU was executed by the Mayor on March 12, 2009; and WHEREAS, the Second Amendment to the MOU has been approved by MTS and SD & AE; and WHEREAS, it is appropriate that the CDC and the City Council ratify the Second Amendment to MOU. NOW, THEREFORE, BE IT RESOLVED, that the Board of the CDC hereby ratifies the Second Amendment to the MOU between the City, the CDC, MTS, and SD & AE which was executed by the Chairman on March 12, 2009. PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney MTS Doc. No. S200-06-291.2 r SDAE 700 SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETVVEEN.THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND ARIZONA EASTERN RAILROAD, CITY OF NATIONAL CITY, AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY The Second Amendment to the Memorandum of Understanding (MOU) is made and entered into by and between the San Diego Metropolitan Transit System (MTS), a California public agency established under the Public Utilities Code, the San Diego and Arizona Eastern (SD&AE) Railway Company, a public benefit corporation whose sole member is MTS, the City of National City (City), and the Community Development Commission of the City of National City (CDC) (collectively the "Parties"). Whereas, the Parties wish to amend the MOU known as MTS Document Number S200-06-291, including any amendments thereto, to further document the Parties' understanding and responsibilities with respect to the redevelopment of properties in National City. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Paragraph 9 is modified as follows: 9. HARBOR DRIVE RAILS CROSSING City shall remove paving to top of rail elevation if requested by SD&AE if and when the rail lines crossing Harbor Drive are put back into service upon 30 days' written notice. City shall complete the removal of the paving no later than 90 days following the 30 days' written notice. Failure to remove the paving within this time period will result in the imposition of liquidated damages in the amount of $50 for every day the project is not completed within the aforementioned time schedule. The terms of paragraphs 2 and 3 are incorporated herein. 2. Paragraph 11 is to be added as follows: 11. CLEVELAND AVENUE — BAY MARINA DRIVE City requests and Railroad hereby approves the removal of the crossing improvements at the intersection of Cleveland Avenue and Bay Marina Drive as depicted on "Exhibit C". City expressly acknowledges that Railroad shall have the sole and exclusive discretion to order the City to rebuild this crossing to current standards such that any form of railroad or transportation operations could be conducted by Railroad, MTS or SD&AE. City shall commence work on rebuilding the crossing within 30 days of receiving a written notice from MTS and shall complete the rebuilding within 90 days. The improvements necessary to rebuild the crossing shall include, but are not limited to rails, ties, track way, crossing panels, railway signaling equipment, and ancillary improvements. Failure to rebuild the crossing within 90 days will result in the imposition of liquidated damages at the rate of $50 for each day the intersection is not rebuilt within the aforementioned tirne schedule All other terms and conditions of the original MOU and any amendments thereto shall rernain 1he same. IN WITNESS WHEREOF, the parties have caused this Amendment to the Memorandum of Understanding to be executed by their duly authorized representatives on this l day of rCVI , 2009. METROPOLITAN TRANSIT SYSTEM By:_ Paul . Jablo Approved as to forrn: By:_ _ TiffanyliLi)''•n, MTS red-.' -ral Counsel Chief Executive Officer SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY By Pa 1 C..labl• ski, President Approved as to form: By: CITY OF NATIONAL CITY Ron Morrison, Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Ron Morrison, Chairman Approved as to form: By George H. Eiser, III, Legal Counsel ,4.011 ) ) cdcnc— Iogo.gif ) J EXHIBIT B MOU AREA OPTIONAL CONNECTION BETWEEN SD&AE AND BNSF RAILS D(HI613 NOT TO SCALE Ammo t....piiw*..tu..r-- YI4111IA111i qr N SALT MARSH S200-06-291 NorOf N RAIL CUTS REMOVE EXISTING' . ,\\ RAIL LINES RAIL CUT S EXISTING JOINT REMOVE EXISTING RAIL LINE EXISTING RAILROAD SIGNAL AND ELECTRICAL CONTROL CABINET TO BE REMOVED RICK 14111.1 ENGINEERING COMPANT - REMOVE EXISTING RAIL LINES FROM RAIL SWITCH AND APPURTENANCES SOUTH OF BAY MARINA DRIVE TO THE TERMINUS OF THE TRACKS APPROXIMATELY 400 FEET NORTH OF 23RD STREET EXISTING JOINT 8 AD EXIST INC .RM SIGNAL-TCT BE REMOVED PROPOSED C GUTTER, & SI 5610 FRIARS ROAD SAN DIE GO, CA 921 10 619.191.0%07 (FA%)619.791..1165 b REMOVE EXISTING RAIL LINE RAIL CUT VE . EXISTING L LINES REM RA URB. _ 00,00r1 DEWALK ETI► .. T RAIL !CUT EXISTING MTS R/W EXHIBIT "C" SCALE: 1" = 50' City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 28 MEETING DATE April 7, 2009 AGENDA ITEM NO. r- ITEM TITLE PUBLIC HEARING: APPROVING THE SECTION 8 STREAMLINED ANNUAL (FISCAL YEAR 2009) PUBLIC HOUSING AGENCY PLAN (PHA) AND THE ADMINISTRATIVE PLAN FOR FISCAL YEAR 2009; AND AUTHORIZING THE SUBMITTAL OF THE PHA AND ADMINISTRATIVE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PREPARED BY \ii DEPARTMENT Hermi Oliveria Community Development of National City Housing Programs Manager Section 8 Rental Assistance Division Extension: 4259 EXPLANATION See attached report Environmental Review: N/A Financial Statement: There will be no fiscal impact as a result of this action. Account No. N/A STAFF RECOMMENDATION CONDUCT THE PUBLIC HEARING; and PUBLIC NOTIFICATION: A Public Hearing Notice was published in the San Diego Union Tribune on Sunday, February 22, 2009, as legally required. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Resolution No. 1. Proof of Publication SignOn542Dinso.com yet on it. lie San Diego enlace, 1Un'non-`�ribune. tocatnews sdmarfcetplace P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF NATIONAL CITY 140 E 12th STREET #B NATIONAL CITY, CA 91950 SFATNOF CALIFORNIA} ss County of San Diego; The Undersigned, declares under penalty of perjury under the laws of the State of California. That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citiicn of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter, that she is Chief Clerk for the publisher of 1'he San Diego Union -Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a Kona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to -wit FEBRUARY 22, 2009 Chie — erk for e Publisher Jt� OF PURL/ OP Affidavit of Publication of Legal Advertisement \r Ad # 10197454 Ordered by: SONIA CARAVANTES CommUilly Dokalopmaat 00nimission. -siiNQtits a :Cit tl /O ce-Olvltiiou till $trot. LCltY A 9i950 Waif CiTY t Canmf- sal sway d ivtd. f City;A stow eeNriinsata. tinottiiiri fYer bile tteortne the 4S-day 011° 4t Period ending NOTICE OF PUBLIC HEARING Community Development Commission Of National City Section S Rents Assistance Division Public Housing Agency Pion Annual Pion for Fiscal Year 2009 AdministralNe Plan for Fiscal Yeara.0M9 NOTICE IS HEREBY GIVEN. that the Board of Commissioners of the CDC Section 6 Rent- al Assistance Division will bold a public hear- ing on April 7, 200% ot. 6:00 p.m in the Nation- al City Council Cham- bets, located of 12A3 Na- tional City Boulevard, National 'City, Califor- nia.. Public testimony can be beard an the pro - Posed, Public Housing Agency 'Annual Pion and.5eclion 6 Adminis- trative Ran' tar';FIsCpl Yew 20d9 On br ol>out Februarys 22, 2009, tba•. fll(Brentad plait • `ofK,{,•,' Dom,%`yo" ljc'revitetiv aiia. com. irientperfod. 71+e Public Hoa>siv : :14 'ia -Ph • cetn Fkiitr wadi lie is g patffgt pry Amin e erottgdc, atroiaplj : for: laii%Fi + t�_ vista •a•U;S„D au iftasttir's.odm`In ittc. !yak* itl•.Section: a, Rs.rs; City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 29 MEETING DATE April 7, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PREPARED BY DEPARTMENT 1 Hermi Oliveria (ext. 4259) \Jr, Community Development Commission Housing Programs Manager Section 8 Rental Assistance Division EXPLANATION See attached report Environmental Review Not applicable. Financial Statement There will be no fiscal impact as a result of this action. Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Resolution 3. (NOTE: Section 8 PHA & Administrative Plans distributed to Mayor and Council on Feb . 23. 2009) Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 Background: The Section 8 Rental Assistance Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Housing Act has been amended periodically causing changes to the federally funded Section 8 Tenant - Based Rental Assistance Program. On October 21, 1998, the U.S. Congress enacted the Quality Housing and Work Responsibility Act of 1998 (QHWRA). The QHWRA is a major redesign of the U.S. Department of Housing and Urban Development's (HUD) Public Housing and Section 8 Programs. The Administrative Plan fulfills a requirement of HUD's regulations that local housing authority board of commissioners adopt a written administrative plan, and any subsequent revisions that establish local discretionary general policies and procedures for the conduct and administration of the program. The revisions to the current Administrative Plan wilt update the policies in accordance with the most recently published QHWRA requirements. Significant revisions to the Administrative Plan include: CHAPTER 4 TO: ITEMS TO BE VERIFIED All members of applicant and [24 CFR 982.516] participant households, regardless of age, must disclose and provide FROM: documentation verifying their SSNs. Social security numbers for all family There is no exception for household members, six years of age or older, who members who have not been assigned have been issued a social security number. an SSN. VERIFICATION OF MARITAL STATUS SAME SEX MARRIAGES Public Law 104-199 S 3(a) prohibits the ADD: recognition of same -sex marriage for any federal program, even if state law recognizes such a union. The Defense of Marriage Act (DOMA) provides for no exceptions. Accordingly, same sex marriage couples cannot be regarded as "spouses" under any housing program under the United States Housing Act of 1937. 1 Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 VERIFICATION OF CITIZENSHIP/ELIGIBLE TO: To be eligible for assistance, individuals must be U.S. citizens or eligible immigrants. Individuals who are neither (non -citizens) may elect not to contend their status. Eligible immigrants must verify the declaration by providing a "permanent resident card, or other appropriate documentation, as provided by Section 214" of the Housing and Community Development Act of 1980, as amended (42 U.S.C. 1436a). IMMIGRANT STATUS [24 CFR 5.508, 5.510, 5.512, 5.514] FROM: To be eligible for assistance, individuals must be U.S. citizens or eligible immigrants. Individuals who are neither may elect not to contend their status. Eligible immigrants must fall into one of the categories specified by the regulations, and must have their status verified by Immigration and Naturalization Service (INS). Each family member must declare his/her status once. Assistance cannot be delayed, denied, or terminated while verification of status is pending; except that assistance to applicants may be delayed while the CDC hearing is pending. FROM: CITIZENS OR NATIONALS OF THE UNITED TO: CITIZENS OR NATIONALS OF THE UNITED STATES STATES are required to sign a declaration claiming eligible immigration status are required to disclose an SSN. PHAs may not accept a signed declaration as evidence of U.S. citizenship or nationality, as they may under the current regulations. Instead, they must verify the declaration by requiring "presentation of a U.S. passport, U.S. birth certificate, employment authorization card, temporary resident card, or other appropriate documentation, as provided by Section 214" of the Housing and Community Development Act of 1980, as amended (42 U.S.C. 1436A) under penalty of perjury. FROM: ELIGIBLE IMMIGRANTS AGED 62 OR OVER are TO: ELIGIBLE IMMIGRANTS (NONCITIZENS) AGED 62 required to sign a declaration of eligible immigration status and provide proof of age. OR OLDER must provide the same documentation of eligible immigration status as younger noncitizens: they must provide an official document from the U.S. Bureau of Citizenship and Immigration Services (USCIS) as well as a signed declaration of eligible immigration status. 2 Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 FROM: FAILURE TO PROVIDE. If an applicant Or participant family member fails to sign required declarations and consent forms, or provide documents, as required, s/he must be listed as an ineligible member. If the entire family fails to provide and sign documents as required, the family may be denied or terminated for failure to provide required information. TO: FAILURE TO PROVIDE. If an applicant or participant family member fails to sign required declarations and consent forms, or provide documents, as required, s/he must be listed as an ineligible member. If the entire family fails to provide and sign documents as required, the family may be denied or terminated for failure to provide required information. Assistance to any participant who does not disclose a valid SSN must be terminated. EXTENSIONS OF TIME TO PROVIDE DOCUMENTS FROM: The CDC will grant an extension of 30 days for families to submit evidence of eligible immigrant status. TO: The CDC will grant an extension of 60 days for families, or, if elderly, up to 120 days to produce the necessary documentation. FROM: VERIFICATION OF SOCIAL SECURITY NUMBERS [24 CFR 5.216] Social security numbers must be provided as a condition of eligibility for all family members, age six and over, who have been issued a number. Verification of social security numbers will be done through a social security card issued by the Social Security Administration. Verification of social security numbers wilt be done through a social security card issued by the Social Security Administration. If a family member cannot produce a social security card, the documents listed below may be accepted for verification. The family may be required to certify in writing that the document(s) submitted in lieu of the social security card is/are complete and accurate: • A driver's license • Identification card issued by federal, state or local agency DISCLOSURE AND VERIFICATION OF SOCIAL SECURITY NUMBERS [24 CFR 5.216] All members of applicant and participant households, regardless of age, must disclose and provide documentation verifying their SSNs. There is no exception for household members who have not been assigned an SSN. The only acceptable documentation of an SSN is "a valid SSN card issued by the Social Security Administration (SSA), or such other evidence of the SSN as HUD may prescribe in administrative instructions. The rule requires applicants to disclose and verify the SSNs of all household members at the time their eligibility is being determined. Applicants determined to be "otherwise eligible" for admission may retain their position on the waiting list while they are fulfilling this requirement, but they may not be admitted until they do. 3 Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 • Identification card issued by a medical insurance company or provider (including Medicare and Medicaid) • An identification card issued by an employer or trade union • Earnings statements or payroll stubs • Bank Statements • IRS Form 1099 • Benefit award letters from government agencies • Retirement benefit letter • Life insurance policies • Court records such as real estate, tax notices, marriage and divorce, judgment or bankruptcy records • Verification of benefits or social security number from Social Security Administration FROM: New family members, age six and older, will be required to produce their social security cards or other acceptable documentation, as outlined above. This information is to be provided at the time the CDC adds the new family members to the household. TO: When a participant requests to add a new household member, the participant must disclose and verify the new member's SSN either at the time of the request or at the time the PHA processes the interim reexamination that includes the new member. 4 Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 FROM: If an applicant or participant is able to disclose the social security number, but cannot meet the documentation requirements, the applicant or participant must sign a certification of being unable to provide required documentation. The applicant / participant or family member will have an additional 60 days to provide proof of his/her social security number. If s/he fails to provide this documentation, the family's assistance will be terminated. In the case of an individual at least 62 years of age, the CDC may grant an extension for an additional 60 days, up to a total of 120 days. If, at the end of this time, the elderly individual has not provided documentation, the family's assistance will be terminated. TO: If an applicant or participant is able to disclose the social security number, but cannot meet the documentation requirements, the applicant or participant must sign a certification of being unable to provide required documentation. The applicant / participant or family member will have an additional 60 days, or if elderly, up to 120 days to produce the necessary documentation to provide proof of his/her social security number. If s/he fails to provide this documentation, the family's assistance will be terminated. Participants whose initial determination of eligibility was begun before March 30, 2009, are required to disclose and verify the SSNs of all household members at their "next interim or regularly scheduled reexamination of family composition or income. FROM: If the family member states s/he has not been issued a number, the family member will be required to sign a certification to this effect. TO: The rule allows no exceptions for household members who have not been assigned an SSN. Assistance to any participant who does not disclose a valid SSN must be terminated. VERIFICATION OF INCOME: EXCLUDED INCOME ADD: INCOME EXCLUSION OF KINSHIP CARE PAYMENTS Payments made on behalf of a related child when foster children are placed with relatives (the tenant household) are excluded from income certifications pursuant to 24 CFR 5.609(c)(2). Kinship payments are foster care subsidies for children living with a related legal guardian. Kinship Guardian Assistance Payments (Kin -GAP) will be treated the same as foster care payments. 5 Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 CHAPTER 6: CHILDCARE EXPENSES [24 CFR 5.603] • A Childcare /Dependent Person(s) Care Statement must be completed and notarized if the Child/Dependent Care Provider is an individual rather than a licensed provider Amount of Expense ADD CHAPTER 8: ADD AFTER THE SECTION "OWNER DISAPPROVAL" PHA DISAPPROVAL OF OWNER [24 CFR 982.306(a)] The PHA must not approve an assisted tenancy if the PHA has been informed (by HUD or otherwise) that the owner is debarred, suspended, or subject to a limited denial of participation under 2 CFR part 2424. CHAPTER 13, ADD: 1ST PAGE, 2ND PARAGRAPH TO READ: 24 CFR Ch. VII (04-01/08 Edition) Part 792 - Public Housing Agency Section 8 Fraud Recoveries, Subpart A - General Provisions § 792.102 (b): This part applies only to those instances when a tenant or owner committed fraud, and the fraud recoveries are obtained through litigation brought by the PHA (including settlement of the lawsuit), a court -ordered restitution pursuant to a criminal proceeding, or an administrative repayment agreement with the family or owner as a result of a PHA administrative grievance procedure pursuant to or incorporating the requirements of, § 982.555 of this title. Due to the growing amount of Section 8 housing fraud that merits a separate grand theft section to "make it easier for authorities to track the extent and prevalence of housing fraud" the State of California passed Assembly Bill 2827 which now amends the California Penal 6 Community Development Commission Of The City of National City Agenda Statement Addendum April 7, 2009 Code, Chapter 5, Section 487: Grand theft is theft committed in any of the following cases: (i) Any person who defrauds a housing program of a public housing authority of more than four hundred dollars ($400) is guilty of grand theft. AB 2827 will allow District Attorney's offices to track incidents of Section 8 Housing fraud in each county. This data will provide substantial evidence on the severity of this fraud, as there is no uniform tracking system within the state. Staff recommends that the Community Development Commission Board consider the adoption of the attached Resolution approving the revisions to the Section 8 Administrative Plan; and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. 7 RESOLUTION NO 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to adopt and amend an Administrative Plan including local policies for admissions and continued participation in accordance with the new HUD requirements; and WHEREAS, the Community Development Commission's Section 8 staff has developed, revised, and reviewed said Administrative Plan for any significant amendments or modifications. NOW THEREFORE BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the revision of the Section 8 Administrative Plan, and authorizes the CDC Executive Director to submit said Plan to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 30 MEETING DATE APRIL 7, 2009 AGENDA ITEM NO. ITEM TITLE: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE SECTION 8 STREAMLINED ANNUAL (FISCAL YEAR 2009) PUBLIC HOUSING AGENCY (PHA) PLAN; AND AUTHORIZING THE SUBMITTAL OF THE PHA PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PREPARED BY Hermi Oliveria (ext. 4259) Housing Programs Manager EXPLANATION See attached report DEPARTMENT Community Development Commission Section 8 Rental Assistance Division Environmental Review X Not applicable Financial Statement There will be no fiscal impact as a result of this action. Account No. J STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Resolution Resolution No. J Community Development Commission Of The City Of National City Agenda Statement Addendum April 7, 2009 Background: The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the attached plan provides a planning mechanism by which the Community Development Commission (CDC) can examine its long-range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both long-term strategies (i.e. Five -Year Plan) and short-term strategies (i.e. Annual Plan) for addressing the needs. The Annual Plan provides details about the CDC's immediate operations, program participants, programs and services. This Plan also identifies the CDC's strategy for handling operation concerns, resident's concerns and needs, programs and services. The community was given an opportunity to review and comment on the proposed plan. No recommendation and comment were received from the community regarding the proposed plan. On October 21, 2008, HUD's Los Angeles HUB Office Executive Director approved the CDC's Section 8 Management Assessment Program's (SEMAP) final rating of High Performing PHA with a score of 100. SEMAP enables HUD to ensure program integrity and accountability identifying PHA management capabilities and deficiencies and by improving risk assessment to effectively target monitoring and program assistance. With this, Staff recommends that the Community Development Commission Board consider the adoption of the attached Resolution approving the Streamlined Annual Public Housing Agency Plan (PHA); and authorizing the submittal of the PHA plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 STREAMLINED ANNUAL (FISCAL YEAR 2009) PUBLIC HOUSING AGENCY PLAN, AND AUTHORIZING THE SUBMITTAL OF SAID PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to prepare and submit a Section 8 Public Housing Agency Plan (PHA); and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires a Public Hearing to be held in order to receive public input; and WHEREAS, on April 7, 2009, a Public Hearing was held for review and recommendation of the public relative to the proposed Section 8 Public Housing Agency Plan; and WHEREAS, the Housing and Community Development Committee (HCDC) has reviewed the Plan for any significant amendments or modifications. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Section 8 Public Housing Agency Plan and the submittal of the said plan by the Executive Director to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 7th day of April, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE April 7, 2009 AGENDA ITEM NO. 31 ITEM TITLE Staff Report on Fire Department Emergency Dispatching Services PREPARED BY Roderick Juniel, Fire Chief (619) 336-4550 EXPLANATION DEPARTMENT Fire At the March 2, 2009 Council meeting, Councilmember Parra requested a report on the feasibility of National City contracting with the City of San Diego to provide emergency fire dispatching services. Attached is the Staff Report for Council review. Environmental Review 'I N/A Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATION Review Staff Report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report. A-200 (04/2007) NATIONAL CITY FIRE DEPARTMENT STAFF REPORT: DISPATCH STUDY HEARTLAND COMMUNICATIONS FACILITY AUTHORITY SAN DIEGO FIRE COMMUNICATIONS CENTER APRIL 7, 2009 Purpose: At the March 2, 2009 City Council meeting, Councilmember Francisco Parra requested a report on the feasibility of the National City Fire Department contracting with the City of San Diego to provide emergency fire dispatching services. This request was prompted in part by the current delay in communication between Heartland Communications Facility Authority (HCFA) and San Diego Fire Communications Center (SDFCC) due to the lack of a CAD (computer aided dispatch) to CAD link between the two agencies. This report will outline the cost, benefits and disadvantages of switching from HCFA to SDFCC. Dispatch Study Framework: An important issue regarding the service Zink between the SDFCC and the HCFA is the lack of a CAD to CAD link which adds a four minute dispatching delay between the communication centers. Consequently the fire truck that is closest to the emergency in many cases may not be the unit dispatched to the emergency. When a call is answered by one communication center and it's determined that the emergency may be closer to or in another jurisdiction, the answering communication center is required to manually contact the alternate communication center and that center dispatches the appropriate unit(s). This extra step causes the delay. Representatives from HCFA have confirmed the CAD to CAD link will be operational in the next 30-60 days, thereby providing instantaneous data transfer between communication centers. In this analysis we have considered govemance, experience, operations, personnel, facilities, maintenance and technology. We have also evaluated the efficiency of the dispatch process: • answering the call from the public • transferring the call to the appropriate agency • interrogation of the caller • CAD entry • verification of location and assignment of emergency resources • fire station notification • status tracking and filling additional request Heartland Communications Facility Authority (HCFA) Background: HCFA is a Joint Powers Authority (JPA) and currently provides 24/7 fire and medical dispatch services to the City's of Imperial Beach, La Mesa, Lemon Grove, National City, Santee and 4 fire protection districts Alpine, Bonita, Lakeside and San Miguel. HCFA also provides contract fire dispatch services to 14 other cities and fire protection districts. HCFA currently dispatches approximately 55,000 incidents annually serving a population of approximately 663,527 within a 2233 square mile area. HCFA is located at 100 East Lexington Avenue, El Cajon CA. Attachment "B" HCFA Organizational Chart 1. Average dispatch time (from receipt of call to dispatch of fire units) is 0:26 seconds for emergency medical service (EMS) calls and 0:58 seconds for fire calls. San Diego Fire Communications Center (SDFCC) 1. Background: SDFCC currently provides 24/7 fire and medical dispatch service to 47 fire stations within the City of San Diego, 9 fire stations in the City of Chula Vista and 3 stations in the City of Poway (as contract agencies). SDFCC currently dispatches approximately 130,000 incidents and processes nearly 200,000 emergency phone calls annually. The dispatch center is accredited as a "Center of Excellence" by the National Association of Emergency Dispatch. San Diego Fire Communication Center is located at 3750 Kearny Villa Rd. San Diego CA. Attachment "A" SDFCC Organizational Chart Average dispatch time (from receipt of call to dispatch of fire units) is 0:27 seconds for emergency medical service (EMS) calls and 1:27 for fire calls. NIS 1 Heartland Communications Facility Authority (HCFA) 2. Computer aided dispatch (CAD) system, supported by on -staff technical resources, to enter, dispatch and track all calls for services for member agencies. AVUCAD, to dispatch closest available unit with live routing, to be implemented in 30 days with technical support staff of 3. 3. 800 MHz Radio Communications System (RCS) radio dispatch services to coordinate with National City. 4. HCFA governance is established through a Joint Powers Agreement (JPA) that provides full accountability for services and functions to a Board of Chiefs made up of fire chiefs from each member agency; and for strategic and financial oversight to a Commission made up of one elected official from each member agency. Members have equal voting membership for their respective agency in HCFA business matters including service levels, operating parameters, budgetary and planning decisions. 5. Input to Multi -Year Plan process that determines the future efforts of the HCFA, and forecasts (on a three-year projection) HCFA costs and member assessment impacts. 6. Indirect input on radio service issues and decisions for the San Diego region via HCFA's membership on the Board of Directors of the Regional Communications Systems (RCS). 7. Dispatch related technologies include: - GEAC Computer Aided Dispatch System. - Automatic Vehicle Location with dynamic Live - Routing (AVL) available soon. - Mobile Data Computers (MDC's) with integrated mapping. - Paging system integrated with CAD. - PRO QA EMD software. - Fire Station Alerting System. - Fire Records Management System. - Remote CAD. - 3C's Project -region wide video conference system. - CAD to CAD interfaces with AMR and North Comm. - CAD Driven Incident Timers. - CAD Based Reports. - Firehouse© RMS. 8. VisiNet Mobile Data Computer services. 9. Paging services between GEAC and American Messaging interface. San Diego Fire Communications Center (SDFCC) 2. Computer aided dispatch via TriTech© CAD System with Automatic Vehicle Locator System (AVUCAD) to dispatch closest available resources with live routing and has a technical support staff of 10. 3. 800 MHz Radio Communications System (RCS) radio dispatch services to coordinate with National City. 4. SDFCC has no formal governance which allows service agencies input on strategic and/or financial oversight. Service agencies have no voting rights over SDFCC business, including service levels, operating parameters, budgetary and planning decisions. However, there is an on -going committee made up of service agency technical representatives that has unofficial input. 5. There is no formal process to allow service agencies input on strategic planning and financial oversight, however, there is an ongoing committee with service agency representatives. 6. No indirect input on radio service issues and decisions for the San Diego region. 7. Dispatch related technologies include: - Tritech VisiCAD Computer Aided Dispatch System. - Automatic Vehicle Location with dynamic Live -Routing (AVL). - Mobile Data Computers (MDC's) with integrated mapping. - Paging system integrated with CAD. - PRO QA EMD software. - Fire Station Alerting System. - Fire Records Management System. - Remote CAD. - 3C's Project -region wide video conference system. - CAD to CAD interfaces with AMR and North Comm. - CAD Driven Incident Timers. - CAD Based Reports. - Firehouse© RMS. 8. VisiNet Mobile Data Computer services. 9. Paging services between TriTech© and American Messaging interface. 2 Heartland Communications Facility Authority (HCFA) 10. Automated fire station alerting system that meets NFPA 1221 Standard for the ring down of calls for service at fire stations. The system is fully integrated with the CAD system and supported by on -staff technical resources. 11. Budget JPA Budget Formula Summary: - Personnel 25% weight - Incidents 75% weight - Estimated NCFD FY2009-10 $230,670 cost HCFA Total Budget: - Operations Staffing $1,227,324 Administration Staffing $235,138 Systems Staffing $178,768 Operations and Materials $422,153 - CAD Lease $143,013 Total $2,206,396 San Diego Fire Communications Center (SDFCC) 10. 11. Automated fire station alerting system that meets NFPA 1221 Standard for the ring down of calls for service at fire stations. The system is fully integrated with the CAD system and supported by on -staff technical resources. Budget Summary: - One time costs, including: 9-1-1 Vesta phone changes Mobile Data Computer licenses SDDPC T-1 connections Implementation contingency - Estimated annual cost, including: Fire Dispatcher positions (2) Westnet Station Alerting interface Firehouse© RMS interface Mobile Data Computer licenses CAD to CAD interface with AMR SDDPC T-1 connections $30,776 $193,747 Conclusions: NCFD contracting with SDFCC for dispatch service will provide some emergency dispatch continuity amongst the south bay fire departments. This is an advantage based on the contiguous borders between the City's of National City, Chula Vista and San Diego. However, the City's of Coronado and Imperial Beach and the Bonita Fire Protection District will remain in a separate Communication facility which perpetuates some of the aforementioned problems. 2. SDFCC is presently dispatching for Chula Vista Fire Department (CVFD) with positive results. CVFD has indicated that they are especially pleased with the technical support. However CVFD provides a '/, time technical liaison to the SDFCC. In order to insure the same level of service NCFD may need to allocate staff time to SDFCC. Although that staff cost is not included in the original contract it could become a factor in the future. 3. San Diego State University has launched a Regional Fire Dispatch Center Optimization Study to determine the "optimum" number of fire dispatch facilities required to operate in San Diego County. This study may influence the number and direction of fire communication facilities. 4. The HCFA JPA requires the member agencies to give 18 months notice before exiting the JPA. National City would be required to notify the JPA on March 1, 2010 to leave in July of 2011. 5. If NCFD leaves the HCFA JPA and decides, at a later date, to return there may be a cost to return. 6. A move to the SDFCC may require a change in Zone designation which will affect zone policies, strike team assignments and training agreements. .100 3 Techinical Services Manager Communication Manager Administration Command Staff Fire Dispatch Administrators QA Coordinator Admin Aide Operations/Logistics Managers Dispatch Captains A, B, C Division Training Supervisor Dispatch Supervisors Dispatchers Information Services Managers SDFD IS Manager SDMSE IS Manger Information Services Techs Attachment "A" Heartland Communications Facility Authority Organizational Chart HCFA Director Admin Coordinator Division / Systems Manager Operations Division Blue Shift Team Supervisor A 2 Day Dispatchers 1 Overlap Dispatcher. Supervisor C 2 Night Dispatchers'., Supervisor B 2 Day Dispatchers 1 Overlap Dispatcher Supervisor: D; = 2. Ni:;atchers Up to 8 Part Time. Dispatchers Systems Division 2 Systems Technologists ../ Attachment "B"