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Home My WebLink About2009 05-19 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — May 19, 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 2 PROCLAMATIONS 1. Proclaiming Wednesday, May 6, 2009 as: "LAW ENFORCEMENT OFFICERS' MEMORIAL DAY" 2. Proclaiming the week of May 17-23, 2009 as: "NATIONAL PUBLIC WORKS WEEK" PRESENTATIONS 3. Employee of the Month of May 2009 — Sheila Pangco — Accounting Assistant 4. National City Website Update. (City Manager/Redevelopment) INTERVIEWS AND APPOINTMENTS 5. Interviews and Appointments: Various Boards & Commissions 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. 6. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 7, 2009. (City Clerk) 7. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City approving a grant application in the amount of $35,000 for Transportation Development Act (TDA) / TransNet Bicycle and Pedestrian Projects funds for completion of the City of National City Bicycle Master Plan. (Funding through TDA grant and Traffic System Improvements CIP) (Engineering) 9. Resolution of the City Council of the City of National City authorizing an Amendment to the Regional Transportation Improvement Program (RTIP) to appropriate $924,000 of American Recovery and Reinvestment Act (ARRA) / Economic Stimulus Package funding to the National City Street Resurfacing Project. (Funded through Proposition "A" funds) (Engineering) 10. Resolution of the City Council of the City of National City accepting the work from 3-D Enterprises, approving the final contract amount of $104,630 and authorizing the filing of a Notice of Completion for the construction of the Storm Drain Project on Marina Way. (Funded by Tax Increment Funds). (Engineering) 11. Resolution of the City Council of the City of National City waiving the bid process and authorizing a sole source purchase of a GIS-based traffic collision records system from Crossroads Software in the amount of $33,570 for use by National City Police and Engineering Departments to provide enhanced analysis of traffic collisions for improving safety. (Funded through Office of Traffic Safety Grant). (Engineering) 12. Resolution of the City Council of the City of National City accepting work from MA Stevens Construction Inc. with final contract amount of $1,487,832.73 and authorizing the filing of a Notice of Completion with the County Recorder for National City Library Remodel project. (Funding is through Tax Increment Funds) (Engineering) 13. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for a 3 year lease of four Hybrid Toyota Prius from Frank Toyota in the amount of $52,215.80. (Finance/Purchasing) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 4 CONSENT CALENDAR (Cont.) 14. Resolution of the City Council of the City of National City authorizing the acceptance of Children Exposed to Domestic Violence (CEDV) specialized response program grant award in the amount of $600,000. (Police) 15. Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for 2009-2010. (Community Development) 16. Resolution of the City Council of the City of National City approving the annual Engineer's Report for the Landscape Maintenance District No. 1 (Mile of Cars) for 2009-2010. (Community Development) 17. Resolution of the City Council of the City of National City declaring the intention to levy and collect assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for 2009-2010. (Community Development) 18. Resolution of the City Council of the City of National City waiving the bid process and authorizing the award of purchase of (3) Zoll AutoPulse Systems with pass thru and AutoPulse accessories to Zoll Medical Corporation for $53,026.21, using funds provided by the Agreement between the City of National City and American Medical Response, Inc. (Fire) 19. WARRANT REGISTER #43 Warrant Register #43 for the period of 04/15/09 through 04/21/09 in the amount of $2,189,326.85. (Finance) 20. WARRANT REGISTER #44 Warrant Register #44 for the period of 04/22/09 through 04/28/09 in the amount of $709,308.00. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 5 ORDINANCES FOR ADOPTION 21. An Ordinance of the City Council of the City of National City adding Chapter 9.37 to the National City Municipal Code to prohibit smoking in open air dining areas. (City Attorney) 22. An Ordinance of the City Council of the City of National City amending the National City Municipal Code Chapter 18.62 and Local Coastal Program Implementation Document Section XII pertaining to signs and outdoor advertising. (Applicant: City initiated) (Case File No. 2007-41 A, LCP) (Planning) 23. An Ordinance of the City Council of the City of National City amending the Harbor District Specific Area Plan of the Local Coastal Program pertaining to signs. (Case File No. 2009-2 LCPA) (Planning) NON CONSENT RESOLUTIONS 24. Resolution of the City Council of the City of National City electing to exercise the provisions of Government Code Section 20903, with the purchase of two additional service years for the single incumbent classification of Director of Planning as a result of a planned consolidation of departments. (Human Resources) 25. Resolution of the City Council of the City of National City ratifying a side letter to the Memorandum of Understanding between the City and the National City Police Officers' Association, modifying the overtime provisions for sworn personnel assigned to Police Canine Duty on a permanent basis. (Human Resources) 26. Resolution of the City Council of the City of National City to waive the formal bid process and authorize the purchase of a Pierce Arrow XT 105' Quint truck from Pierce Manufacturing for the National City Fire Department for a total of $953,669. (Fire) 27. Resolution of the City Council of the City of National City authorizing the acceptance of $248,456 from the FY08 Assistance to Firefighters Grant to purchase a Pierce Arrow XT 105' Quint truck for the National City Fire Department for a total of $953,669. (Fire) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 6 NON CONSENT RESOLUTIONS (Cont.) 28. Resolution of the City Council of the City of National City authorizing the Finance Department to proceed with the purchase of a Pierce Arrow XT 105' Quint truck for the National City Fire Department by utilizing $248,456 from the FY08 Assistance to Firefighters Grant, $90,000 in development impact fees, and borrowing $615,213 from the Civic Center Refurbishing Fund 189 to pay the remaining balance for the $953,669 Fire Truck. (Fire) 29. Resolution of the City Council of the City of National City denying a proposed seven lot residential tentative subdivision map, including requests for exceptions for lot size, lot width, and street frontage, a variance request for three story units, setbacks, and a request to waive undergrounding of utilities fronting on Prospect Street on 0.71 acre site at 2121 Grove Street. (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) (Planning) 30. Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease to the City, at an annual rent of $2,000, of approximately 1,999 square feet of land at 2805 N Avenue from Ignacio and Beatriz Morales for use as a portion of the National City Golf Course. (City Attorney) 31. Resolution of the City Council of the City of National City granting a one-time performance incentive of $15,000 to the City Attorney. (City Attorney) NEW BUSINESS 32. Temporary Use Permit (modification) - Request for the City Council to modify a previously approved TUP for the Philippine Fair on June 6, 2009 to authorize use of the City Stage, tables and chairs. (Neighborhood Services) 33. Temporary Use Permit — Movies in the Park on June 12, 2009 sponsored by the Community Services Department's Neighborhood Councils. On June 12, 2009 in Las Palmas Park, July 10th at the pool, August 14th and September 11 th at Kimball Park. The showings are from 6:00 pm to 9:00 pm. (Neighborhood Services) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 7 NEW BUSINESS (Cont.) 34. Temporary Use Permit — National Night Out on August 4, 2009 from 6:00 p.m. to 10 p.m. at Las Palmas Pool. This is a National City sponsored event per City Council Policy #804 sponsored by the Community Services Department's Neighborhood Councils. (Neighborhood Services) 35. A request to initiate a street vacation to vacate the alley between West 23`d Street and Bay Marina Drive. (Applicant: Community Development Commission) (Case File No. 2009-04 SC). (Planning) 36. Notice of Decision — Planning Commission approval of a Conditional Use Permit application for the sale of beer and wine at a restaurant and video arcade at Plaza Bonita Shopping Center, 3030 Plaza Bonita Road. (Applicant: John JIPC Ventures, Inc.) (Case File 2008-52 CUP) (Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 37. Authorize the reimbursement of Community Development Commission expenditures in the amount of $132,960.70 to the City of National City for the period of 04/15/09 through 04/21/09. (Finance) 38. Authorize the reimbursement of Community Development Commission expenditures in the amount of $75,979.17 to the City of National City for the period of 04/22/09 through 04/28/09. (Finance) 39. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement with Nowell & Associates Landscape Architecture to provide as -needed landscape architecture services with not -to - exceed amount of $50,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 5/19/2009 - Page 8 CONSENT CALENDAR (Cont.) 40. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement with David Reed Landscape Architects to provide as -needed landscape architecture services with not -to -exceed amount of $50,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) STAFF REPORTS 41. Update on the San Diego Regional Enterprise Zone (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — National City City Council and Community Development Commission Budget Workshop - Tuesday, May 26, 2009 — 6:00 p.m. — Council Chambers - National City Next Regular City Council and Community Development Commission Meeting - Tuesday — June 2, 2009 - 6:00 p.m. — Council Chambers - National City. CITY OF NATIONAL CITY ��l N0c/rrnati0ir, WHEREAS, our law enforcement officers are the guardians of life and property, defenders of the individual right to be free, warriors in the battle against crime, and are dedicated to the preservation of life and property; and WHEREAS, the dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and WHEREAS, in May of each year National Police Week is observed throughout the nation in order to recognize the hazardous work, serious responsibilities and strong commitment to our nation's peace officers; and WHEREAS, in conjunction with this special observance, May 6, 2009 is recognized as San Diego Law Enforcement Officers' Memorial Day in commemoration of those officers who have sacrificed their lives in the line of duty; and WHEREAS, these special observances provide an opportunity for the community to acknowledge the heroic men and women who have dedicated their lives to safeguarding public safety; and THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Wednesday, May 6, 2009 as: LAW ENFORCEMENT OFFICERS' MEMORIAL DAY We call upon all citizens of National City to remember those individuals who gave their lives .for our safety and who continue to dedicate themselves to making San Diego County a safer place to live. i dtz+ s61Elo-Solis Vice Mayor Rosalie G. Za Councilwoman Ron Morrison Mayor Francisco "FraniV" Parra Councihncrnbcr (G t)7 Jess Van Deventer Council member I I WS Par • AIIIP ow. Item #1 05/19/09 Item #2 05/19/09 (.) N A..) N WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collections; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally depending upon the efforts and skill of public works officials; and WHEREAS, the efficiency_ of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim the week of May 17 23, 2009 as: !/ATIO:N`AL PUBLIC WORKS WEEK We call upon all citizens of National City and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Ron Morrison Manor Rosalie G. Councilwoman Francisco "Fra " Parra Councilmembe Jess Van Deventer Councilmember CALIFORNIA --‹* tctutIVtU MAY 1 1 ZUU9 Item il3 05/19/09 NATIONAL OTT anv MEMORANDUM May 6, 2009 TO FROM SUBJECT' INCORPORATED Chris Zapata, City Manager Stacey Stevenson. man Resources Director EMPLOYEE HE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in May 2009 is Sheila Pangco — Accounting Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday. May 19, 2009 to be recognized for her achievement and service. Attachment cc: Sheila Pangco Jeanette Ladrido, Finance Director Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12'" Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov I would like to recommend Sheila Pangco to receive the Performance Recognition award. Sheila has been an Accounting Assistant with the City since April 2007. Her main responsibilities are in the areas of accounts receivable, animal licensing, parking citation and also serves as a backup for business licensing. She accepts new responsibilities and assists her co-workers without hesitation. Last year, Sheila assisted in the analysis of the CDBG and HOME funds that dated back to the mid-1970's. Although the analysis involved reviewing very old records, she did a great job in presenting the data in a format that was clear and made it easier for Senior Finance Management to determine how much money was available for re -allocation. She diligently worked with the Engineering department to reconcile Trust and Agency accounts dating back to 2001. She had the initiative to learn MS access by herself to be able to understand and obtain historical data. Sheila also played a key role in the analysis of the Parking Penalty Assessment procedure and has ensured that the revenue and related expenditures are recorded correctly. Her knowledge in governmental accounting has helped her in reconciling unbalanced accounts and preparing journal entries. She has good rapport with co -employees and is professional in dealing with the public. Item #4 05/19/09 National City Website Update (City Manager / Redevelopment) \im,rEETING DATE May 19, 2009 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 ITEM TITLE INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions PREPARED BY Michael R. Dalla EXPLANATION DEPARTMENT City Clerk Currently there are 7 vacancies and 36 expired terms on various Boards & Commissions as well as one vacancy on the Sweetwater Authority Board. The vacancies have been advertised and posted. In addition, announcements have been made and flyers and applications have been distributed. Interviews were conducted at the May 5th Council meeting. Additional interviews are scheduled on May 19th. A summary sheet of the applicants including all applications received by noon on Monday, May 18th will be distributed prior to the meeting. EXT. Environmental Review XX N/A MIS Approval (-Financial Statement None >STAFF RECOMMENDATION Conduct interviews and make appointments / re -appointments as appropriate. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. T. A-200 (Rev. 7/03) Approved By: Finance Director Account No. Item #6 5/19/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 7, 2009. (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption Item #7 05/19/09 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT ``IV ETING DATE May 19, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City approving a grant application in the amount of $35,000 for Transportation Development Act (TDA) / TransNet Bicycle and Pedestrian Projects funds for completion of the City of National City Bicycle Master Plan (funding through TDA grant and Traffic System Improvements CIP) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. J Environmental Review X N/A MIS Approval Financial Statement Funding sources: TDA / TransNet Bicycle and Pedestrian Projects Grant - $35,000 Traffic System Improvements CIP (#001-409-500-598-6573) - $15,000 Account No Approved By: Finance Dire tor STAFF RECOMMENDATION Adopt the resolu 'on. MI SIGN RE BOARD / COMM!OMMEDJATI N N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Grant Application A-200 (Rev. 7/03) Explanation Staff is requesting a resolution from City Council approving a grant application for Transportation Development Act (TDA) / TransNet Bicycle and Pedestrian Projects funds for completion of the City of National City Bicycle Master Plan. City Engineering submitted the application on May 6, 2009 in order to meet the submittal deadline. A resolution from City Council is a requirement for project eligibility as part of the grant application process. The deadline to submit a resolution from City Council is May 20, 2009. The current Bicycle Master Plan is at a "Draft" status and additional resources are needed to bring the document to an appropriate level for formal approval and adoption by City Council, SANDAG Board of Directors, and Caltrans Bicycle Facilities Unit (BCU). Specifically, the Bicycle Master Plan must comply with Section 891.2 of the California Streets and Highways Code. The current "Draft" Bicycle Master Plan does not meet all of the requirements for approval under Section 891.2 of the Code. The cost estimate to update the Plan document for compliance with Section 891.2 of the Code is $50,000. City Engineering is requesting $35,000 from the TDA Grant and a local match of $15,000 from the City's Traffic System Improvements CIP account. City Engineering is requesting City Council support for the project and associated matching funds. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GRANT APPLICATION IN THE AMOUNT OF $35,000 FOR TRANSPORTATION DEVELOPMENT ACT (TDA) / TRANSNET BICYCLE AND PEDESTRIAN PROJECTS GRANT FUNDS FOR COMPLETION OF THE NATIONAL CITY BICYCLE MASTER PLAN WHEREAS, to complete the National City Bicycle Master Plan and bring it into compliance with Section 891.2 of the California Street and Highways Code, additional funds are required in the amount of $50,000; and WHEREAS, on May 6, 2009, the Engineering Department submitted an application for Transportation Development Act (TDA) / TransNet Bicycle and Pedestrian Projects Grant funds in the amount of $35,000; and WHEREAS, the Engineering Department desires to utilize the TDA/ TransNet Bicycle and Pedestrian Projects grant funds, with the City providing associated matching funds in the amount of $15,000 to finalize the Bicycle Master Plan. WHEREAS, as part of the grant application process, City Council approval of the grant application submittal is required, and a commitment from the City to provide associated matching funds, which are available in the Traffic System Improvements CIP Account. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the application submittal for a Transportation Development Act (TDA) / TransNet Bicycle and Pedestrian Projects Grant in the amount of $35,000. BE IT FURTHER RESOLVED that the City Council commits to providing matching funds in the amount of $15,000 from the City's the Traffic System Improvements CIP Account for the completion of the National City Bicycle Master Plan. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 2 FY 2010 Annual Grant Application Transportation Development Act/TransNet Bicycle and Pedestrian Projects Applicant (Agency): City et National City . ..__. Project Name City of National City Bicycle Master flan Application Amount: $50,000 Project l ype: Bicycle Master Plan Project limits: Within the City of National City Project Description: Update the City's -Draft'. Bicycle Master Plan to satisfy the requirements of Section 891.2 of the California Streets and Highwtys Code for adoption, improve bicycle circulation and connectivity with neighboring jurisdictions. and provide consistency with the Regional Transportation Plan and San Diego Regional Bicycle Plan. Summary of Cost Estimates: Funding Sources: Category Cost Feasibility Study $50.000 Engineering Project Management Contract Engineering Environmental Documentation Design Construction Construction Management Construction Contract Total $50.000 Revenue Source Amount TDA: TransNet Claire Amount $35.000 City of National City matching funds $15•000 I Total $50.000 Project Location Map: 8 -- Class 1 Bike Path Class II Bike Lane - Class III Bike Route a Contact Person: Stephen Manganiello Title: Traffic Engineer Address City of National City 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4382 Fax: 619-336-4397 E-mail: smanganiello(cilnationalcityca.gov Person Authorized to Submit Application: certify that I have reviewed the Bicycle and Pedestrian Claims Guidelines and the information submitted in this application is accurate and in accordance with these guidelines. friliVlaryarn Babaki, P.E. Name / City Engineer Title ignature �- Date Project Funding: Total Estimated Project Cost (Please attach a detailed $50,000 project estimate based on best available engineering) Project Cost Estimates - On a separate sheet provide an itemized cost estimate for all eligible expenses. Be as accurate as possible to avoid future cost overruns. Projects with cost overruns have three options for moving the project forward depending on what percentage over the original grant amount the revised project cost will be. Applicants may ask for a recommendation from the BPWG to amend original allocation for up to five percent of the original cost estimate (up to the amount available in the reserve). Projects that require more than five percent additional funding can resubmit the project in a subsequent funding cycle with the adjusted project amount. Lastly, the applicant can choose to complete the project with their own funding. Matching Funds (Category 9 of Project Evaluation Criteria) Revenue Source Cif of National City Arnount $15,000 TDA/TransNet (Application Amount as shown $35 000 in Category 10 of Project Evaluation Criteria) Total Revenues $50 000_ _ 9 Scope of Work In the section below. stale the project deliverables (including specific quantities and locations of improvements) and anticipated completion dates. Please note that if this project is funded, this scope of work will be added to the grant agreement and the grantee will be held to this scope of work for the purpose of project oversight. Deliverables Execute Grant Agreernent Complete Public Workshops Complete Research and Data Collection Complete Evaluation and Recommendations Complete Bicycle Master Plan Document for Public Review Present 'Final" Document to City Council for adoption Submit "Final" Document to SANDAG Board of Directors for review and approval Submit "Final" Docurnent to Caltrans Bicycle Facilities Unit for adoption Supporting Materials Completion Date September 2009 November 2009 November 2009 January 2010 February 2010 March 2010 March 2010 April 2010 A. Community Support:Consistency .with Community. _..Plan .iCategory 11 -- The council or governing board of the applicant must authorize this grant application. Please attach a copy of the resolution or minute order documenting that action. Or, if the project is part of an approved Bicycle Plan, please attach a copy of the section that includes the project. B. Minirnum Design Standards (Category 2) • Projects applying for construction funds must provide actual drawings or cross -sections from the project itself, not generic standard drawings. If the applicant is seeking funding for the design and construction of a project, proposed cross -sections may be used in lieu of the actual plan drawings. it any part of a project is substandard, clearly illustrate that (provide photographs. if applicable) and provide an explanation as to why the minimum design standard is not being met. C. Connect to Regional Transportation Corridor or Transit Linkage or Regional Bikeway Map (Category 3) - Provide a map which clearly illustrates the projects relationship to existing facilities. Show the project's direct linkages to any regional bikeway (for bicycle projects) or direct continuous link to a local bus stop or direct link to an LRT/regional transit station. A direct link for a bicycle project is defined as connecting immediately to a regional bikeway with no gaps. A direct link between a pedestrian project and a transit facility is defined as one in which sorne part of the facility comes within 600 feet of a local bus stop or I RT'regional transit station. 10 [71 D. Completes Connectionl. inkage in Existing Bicycle/Pedestrian Network (Category 4) List and briefly describe the linkages or connections to existing bicycle or pedestrian network. Provide a map which clearly illustrates the projects relationship to existing facilities. Project Readiness (Category 5) Phase Begin Complete Feasibility Study September 2009 January 2010 Preliminary Engineering Environmental Document/Certification Final Design Advertise for Construction Begin Construction Project Completion Geographic Factors/GIS Analysis (Category 6) SANDAG will perform a GIS analysis as described in the Bicycle and Pedestrian Clairns Guidelines based upon a project map provided by the applicant. Briefly describe project limits and provide a location map clearly showing the project alignment. In addition. clearly show and label the following elements: a. major traffic generators within the project area (within 1/2-mile for pedestrian projects and within 1 mile for bicycle projects) b. linkage or connections to existing bicycle or pedestrian facilities c. linkage to any regional bikeway or public transit stop G. Geographic Factors/GIS Analysis (Category 6J - list and briefly describe major traffic generators served by the project. 11. Safety Improvements (Category 7) Describe the safety issues addressed by the project. Please attach support documentation for safety and accident history. If collision data is provided. it must be specific in pointing out which collisions are applicable to the project and why it is relevant. Innovation and Design (Ca1eggy 8j - Describe any design innovations for bicycle/pedestrian priority measures that are included within the project limits. Is this project in your agency's adopted capital Improvement program (Y`N) N If the project is part of a larger capital improvement project, briefly discuss how the bicycle or pedestrian project costs were identified and a description of the other sources of funds for the overall project. 11 f3rielly describe any other aspects of the project that is relevant to its evaluation. Background: 1 he City of National Cry s Engineering Department applied for a FY 2006 TDA 7RANSNET Bicycle andPedestrian ProjectsGrant in April 2005 for development ola City_Bicycle Master Plan. The City was awarded $73.488 to develop the Plan. Numerous public workshops, extensive research and data collection, and development of a "Draft" Bicycle Master Plan document were accomplished with the Grant funds. Unfortunately, due to budget issues and staff turnover, the document was never updated to a level suitable for adoption by City Council, the SANDAG Board of Directors and the Caitrans Bicycle Facilities Unit. Specifically, the "Draft.' Bicycle Master Plan does not rneet all of the requirements of Section 891.2 of the California Streets and Highways Code_ Since completion of the "Draft_ document, the City hired a new City Engineer. a new Senior Planner, and a Traffic Engineer falter not having one for over 10 years). All three of these staff members have experience with bicycle facilities planning and preparation of Master Plan documents_ Should FY 2010 TDA / TRANSNET Bicycle and Pedestrian Projects funds be awarded to the City, these specific staff members will directly oversee the update of the City's existing "Draft'. Bicycle Master Plan to assure cornpliance with all requirements of Section 891.2 of the California Streets and Highways Code for adoption. National City represents a "critical" link in the Regional Bikeway Network given its location between the City -ot San Diego and City of Chula Vista. As such funding for the Bicycle Master Plan update will provide the City of National City an opportunity to develop new goals, objectives& policies for consistency with the Regional Transportation Plan and San Diego Regional Bicycle Plan, which will greatly benefit planners and noticy rnakers. residents, and active bicyclists both locally and across the region. Bicycle Master Plans. Pedestrian Master Plans, Education/Safety Proqrams and Bicycle Parking Bicycle Master Plans. Education/Safety Programs and Bicycle Parking projects will each be considered in a separate category. These types of projects are encouraged and will be evaluated by SANDAG staff. Basic Guidelines Bicycle Master Plans -- Cities with population up to 75,000 will be eligible for a maximum of $75,000. Cities with population greater than 75,000 wilt be eligible for a maximum of $150,000. Beginning with the 2010 project application cycle, all cities will need to have a SANDAG approved Bicycle Plan to be eligible for TDA/TransNet funds for individual projects. Pedestrian Master Plans An agency may submit an application for a pedestrian master plan no more frequently than once every five years. Jurisdictions with a population over 150,000 may submit applications for up to $150,000, and jurisdictions with a population under 150,000 may submit applications up to $100,000. In either case, the amount o1 the application must he substantiated by providing a scope of work and project budget to SANDAG. Education/Safety Programs An agency must submit a scope of work and a proposed schedule to be evaluated by SANDAG staff. Bicycle Parking - Projects that conform to SANDAG's Bicycle Parking Guidelines and have a projected cost up to $50,000 will he eligible. All claims, including those supporting educational or promotional programs and claims for planning projects, must include a project budget, work program, and project schedule. 12 City of National City Bicycle Master Plan Detailed Scope of Work & Cost Estimate 1 Project Meetings and Public Workshops 1 1 Project Meetings $3.000 1.2 • Public Workshops $7.000 Subtotal $10.000 2 Research and Data Collection 2 1 Review existing local and regional bicycle Iacilily maps. General Plan Circulation Element. _National City Downtown Specific Plan. and other pertinent documents. $1 000 Conduci a field review & dor:urnei ( existing bike facilities. Including transit centers. trolley stations, etc. $3.000 Review the regional bikeway system to cetermine and evaluale continuity and flow 2.3 characteristics of the City of National City bikeway system into adjacent communities and $1.000 ;jurisdictions. Subtotal $5,000 3 Evaluation & Recommendations :Develop new goals. objectives. & policies for consistency with the City's General Plan & 3.1 !Circulation (slernent. City's Downtown Specific Plan. Regional Transportation Plan. and San 'Diego Regional Bicycle Plan. :Estimate the number of existing and future bicycle commuters in the National City area and 3.2 :estimated increase in bicycle commuler!, resulting from the implementation ol the Bicycle Plan ;Review and prepare as needed nrap and description ol existing and proposed land use 3.3 .settlernent patterns including. but not limited 10, locations of residential neighborhoods. schools. •shopping centers, public buildings. and employment centers. 3.4 '!Review and prepare as needed reap and description of existing and proposed bikeways within ithe City. Review and prepare as needed map and description of existing and proposed "end•of-trip" 3.5 bicycle support facilities. These shall include. but not be limited to. parking al schools, shopping .centers. public buildings. and major employment centers. Review and prepare as needed map and description of existing and proposed bicycle transport 3.6 and parking facilities for connections with and use of other transportation modes. I hese shall include. but not limited to, parking facilities at trolley and trans ,3 :Review and prepare as needed map and description of existing and proposed facilities for Iehanging and storing clothes and equipment within the City. Review and prepare as needed comprehensive description of bicycle safety and education 3.8 :programs within the City. Any program e`torls by the local Police Department shall be discussed. ;Review and prepare as needed the extent of cdlven and community involvement in the 3.9 development of the Master Plan. including letters of support and meetings held during the planning process Review and prepare as needed how the bicycle transportation plan will be coordinated and is 3.10 ;consistent with other supporting facilities. local or regional transportation. air quality. or energy 'conservation plans, including, but not limited to, programs 1 3.11 Review and prepare as needed proposed bicycle facilities and implementation priority. 3.12 ;Review and prepare as needed past expenditures for bicycle facilities and future financial need; for projects to improve safety and convenience for bicycle commuters within the plan area. 3.13 Prepare data in GIS compatible digital Iorrnal 1 E SRI ArcGIS 9.2) shapeliles. Subtotal $20,000 4 Reports and Presentations 4 1 'Revise "Draft" Bicycle Masser Plan document incorporating required additional findings and recommendations. 4.2 ;Hold a Community "Open House" to present the "Updated" Bicycle Master Plan. 4.3 !Revise document incorporating conunents from Community "Open House' 4 4 !Present 'I friar Bicycle Master Plan to City Council foi for review. approval and adoption Subnnl'T inal' Bicycle Master Plan to SANDAG Board of Directors and Callians Bicycle 4.5 ;Facilities t1ni1 for review. approval and adoption (optional presentation to Hicycle•Pedeslrian -- ;Working Group) — Subtotal $15.000 TOTAL $50,000 CA Streets & I Iwys Code 8912a 891.2 h 89I1r: 8912d 891 2 e 8912f 8912g 8912ti 891.2i 8912j 891.2 k City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 19, 2009 AGENDA ITEM NO. 9 (ITEM TITLE A Resolution of the City Council of the City of National City authorizing an amendment to the Regional Transportation Improvement Program (RTIP) to appropriate $924,000 of American Recovery and Reinvestment Act (ARRA) / Economic Stimulus Package funding to the National City Street Resurfacing Project. (Funded through Proposition "A" Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Establish additional appropriations of $924,000 through Account 307-409-500-598-6035. (Proposition "A") Account No. STAFF RECOMMENDATION Adopt the Resolut on. /), i ON RECO MEKDATION. N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. SANDAG document declaring allotment of funds A-200 (Rev. 7/03) SANDAG STIMULUS PACKAGE XPLANATION The City of National City Receives annual TransNet allocations from the San Diego Association of Governments (SANDAG). These funds supplement the City's existing highway and local street and road improvement programs. The City's Engineering Department submits an annual spending plan to SANDAG's transportation committee which itemizes the City's uses of funds. In the event that the spending plan is modified, it is required that the City Council approve a reallocation of the funds. Once the allocation is approved, the signed resolution must be provided to SANDAG's Transportation Committee for final authorization. President Barack Obama's Stimulus Package for Infrastructure Improvements and Economic Incentive, was signed into law on February 17, 2009. As such, federal funding of $2.57 billion was received by the State of California on March 2, 2009, in order to expedite and simplify the receipt of these funds by local agencies. In accordance with the intent of the new law, a proportionate amount of approximately $51 million was allocated to San Diego County's Regional Transportation Agency, i.e. SANDAG, as custodian of the funds. In order to properly distribute among qualifying local public agencies based on population and maintained street miles, these Economic Stimulus Funds from the American Recovery and Reinvestment Act (ARRA) are to be distributed as Proposition "A" Funds. The Engineering Department has performed an internal review of the Proposition "A" Fund in conjunction with the Finance Department and SANDAG staff. Based on the City's proposed =Y 2009-2010 Capital Improvement Program Budget, it was determined that $924,000 will be "allocated to the City of National City for the upcoming Street Resurfacing Project instead of the Plaza Boulevard Widening Project since there are currently a shortage of funds for the latter project. In conclusion, a resolution is requested from City Council authorizing an amendment to the Regional Transportation Improvement Program (RTIP) to appropriate $924,000 of American Recovery and Reinvestment Act (ARRA) / Economic Stimulus Package funding to the National City Street Resurfacing Project via Proposition "A" Funds. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) OF SANDAG TO APPROPRIATE $924,000 OF AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)/ECONOMIC STIMULUS PACKAGE FUNDING TO THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the Stimulus Package for Infrastructure Improvements and Economic Incentive was signed into law on February 17, 2009, providing $2.57 Billion for the State of California; and WHEREAS, the City of National City receives annual TransNet allocations from the San Diego Association of Governments (SANDAG) that supplement the City's existing highway, local street, and road improvement programs; and WHEREAS, the State allocated $51 Million of the funds to the San Diego County Regional Transportation Agency (SANDAG), as custodian of the funds, which are being distributed as Proposition "A" Funds; and WHEREAS, after review by the Engineering and Finance Departments and SANDAG staff, it was determined that $924,000 would be allocated to the City of National City for the upcoming Street Resurfacing Project instead of the Plaza Boulevard Widening Project because of a shortage of funds for the latter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the Regional Transportation Improvement Program of SANDAG to provide funds from the Stimulus Package for Infrastructure Improvements and Economic Incentive to the City of National City in the amount of $924,000 for the National City Street Resurfacing Project. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney TransNet for American Recovery and Reinvestment Act (ARRA) Exthan' Agencies for FY 2009 iln $00(.5) A.K.A. STIMULUS FUNDS Jurisdiction 2007 Jan tours malntalnea Population Miles FY 2009 Carlsbad (huh VISta (oronad() Del flat 11 Cajon 1.nc tnttas 1 s< pndtd() ImII)ertal RCdc 6 I d tvles,) lemon ()rove N<rtional City O(Canst(JE' Poway San Diego San (v1arc c)s Santee 5ol.lna 13E'ac b Vi,{a County Subtotal Street & Road 103,811 131,305 13,101 41, ,81) ')/,93'1 (, 3,864 1.1 3, 38') 18,100 56,666 15,61 1 61,191 1 /8,)30() 51,103 1 3.36,865 /4 3 5O,068 1 3,5(10 ')'),//t) '101,/61 .3, 1 40,1 /1 11/1 9 383 1 41.''3 11 4 191.5 162 1 190.1 56/ 151.8 61 3 1007 424 4 180.8 1,65 3.6 1 /1 6 121.:3 4/.9 1 /5.1 1,911.3 /,438.5 $l,/07 $ 3, 300 $3')0 $1/10 $1,51/ $ 1,091 $1,110 $4/6 $9C)1 $�1h3i C$921 $1,806 $99)/ $10,168 $1,314 $918 $ 301 $1,45/ $9, 569 $`,0,971 'At the N1ar(h I7, ?CM rn�ehr�y lb,, `,ANI)r(, Board approved the exchange ut tecleral stuntrIus funds (ARRA) with hamNet for lo(al agencies; the tir,trrhutri,n to he (al(utated by the (intent Tr.)r,SN''t t')I program 211m, dr,lr,hution is a rnu'-time augrnenlahon I,) the 10( al .)i)enc te'' 1ran,,Net tr.-Arnold pruyrarn 3 the allrx.ahorrs an 3 1.31 dianhuhnrr I'.) the rc>�lu)nal .ulenua",. t,rondrd by City of National City, California COUNCIL AGENDA STATEMENT .4,....EETING DATE May 19, 2009 AGENDA ITEM NO. 10 ITEM TITLE A Resolution of the City Council of National City accepting the work from 3-D Enterprises, - approving the final contract amount of $ 104,630.00 and authorizing the filing of a Notice of Completion for the construction of the StormDrain Project on Marina Way. (Funded by Tax Increment Funds) PREPARED BY Barby Tipton EXPLANATION See attached explanation. DEPARTMENT Engineering EXT. 4583 Environmental Review X N/A MIS Approval %• Financial Statement Approved By: Finance Director The total amount of the Storm Drain Project was $104,630.00 (Tax Increment Funds) Account No. 511-409-500-.51$-3842 STAFF RECOMMENDATION Adopt the Resolt. ion. BOARD / COMM *-SION RECOMMATION n/a I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution N...[2. Notice of Completion 3. Balance Sheet A-200 (Rev. 7/03) EXPLANATION: On October 30, 2008, 12 bids for the Marina Way Storm Drain Project were opened. The lowest bidder, 3-D Enterprises came in at $109,400.00. On November 18, 2008, Council awarded the contract to 3-D Enterprises. The total cost of the project was estimated to be $147,690. This amount included the construction bid price of $109,400 plus 20% for contingencies ($21,880), 10% for construction management services ($10,940), and approximately 5% for testing and inspection ($5,470). The Storm Drain Project (Specification #09-12) was completed. There was a deduction of $4,770.00 on a line item #8. The total amount of contract was $104,630.00. 3-D Enterprises performed professional contracting service and workmanship in installing the storm drain. The purpose of this resolution is to approve the final amount of the project, accept the work performed by the contractor, authorize the filing of a Notice of Completion and release retention. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM 3-D ENTERPRISES IN THE FINAL AMOUNT OF $104,630, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE STORM DRAIN PROJECT ON MARINA WAY BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by 3-D Enterprises for the construction of the Storm Drain Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ItE(OKI)ING {tl:OUl`ti"l l�l) l)Y V\IIhN fa( ()I21)LI) lAll. r(i N.\\Il (I 11 ()F N:\TIONAI. CITY \UUftf SS I'l NA1R.N,\1.('IIY WWI 1 \',\KI) IION VI ( 111' ( 9195-() NOTICE OF COMPLETION C,AI.IFOR\I.A ('1V'II (:()DE Sli(-I IUN 3093 N(YI10E IS I IFRFHY (GIVEN of the completion on May 17. 2009 of the lj11 Way -Storm Drain Improvements — Specification Number 08-12. \work of improvement or portion otmurk of impro\cment under construction or :)Iteration Storm Drain located out the east side of Nlarina \Va\ near Bay Marina Dri\ e. National City. (.'A 91950 Street Address (in State /.ip Code The undersigned owns the following interest or estate in said property: Nature of the interest or estate of owter (mortgagor. lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with 3-1) Ewen —vises Name ofOriwlnal Contractor The following work and material were supplied: Bobcat. Concrete Cutter. Trucks, Leveling Equipment. Jack and Boring Equipment and labor (ieneral statement of kind of labor. services. equipment or materials 1'he names and addresses of co -owners are: Dated: May 19, 2009 1, the undersigned. say: N/A Joint tenants, tenants in common. or other o\cners Stature of O ner ( it of -National (lt\. 12.1 3 National Lit\ RI%d . National (it\. C:\ 919)0 I have read the foregoing, Notice of Completion and know the contents thereof: the same is true of my own knowledge. 1 declare under penalty of perjure that the forgoing is true and correct. Executed on `lay 19. 2009, at National City, California Signature: RON NIORRISON. NI N" OR IN.k . CONTIZ -ACT BALANCE MARINA wAy sToRm DRAIN IN1iRovFml..N1 SP1.( II 1(',\ I I()N NO 08-12 CON 1 IL.\ (.:101(: ;-I) Finerprises 01ZR i1NA1 CON IRA(' AI\10(11\11: S 109,400 No. 1)escription 1 t 2 \N'ater Pollution Gnitrol Implementation Temporary 'Ira 1 tic Control (.:learing & (irubbing IZeinove & Replace •I' High Chain link pence. 6 Remo\ e S: Sidewalk 8 Jack & Rore 3-12" PVC (SI)R-35) with 18" Steel (asing, 9 18" PC V (SI)1(-35) SI) 10 ..\-1(:() I I , CO th Neena ()pen (irate) Connect to 1'A isting If' Inlet Landscape & Irrigation t' Oda Hat \ Permit GRAND TOTAL 1 1 10 )10 53 208 l'a!N I of 2 S !Alt1'11)1MAF: 11-18-08 (:()N1PLE FION 1):\ : 05-17-09 1111) ITLI.VIS 1 !nit Price I -S $ 3.000.00 $ Lti $ -1,00000 $ ()rinal IIIiJI Amount ()ty ,000.00 -1,000.00 1 I ,S i 4,000m0 $ .1,000.00 I .ti $ 3.000.00 $ 3,000.00 I .1' $ .10.00 , $ 2.200.00 SI; 2.00 SI. LI' S 900.00 $ 1,080.00 $ 2,700.00 $ 47,700.00 1.1; 90.00 $ 18,720.00 S 6.000.00 $ 6,000.00 $ 8.000.00 $ 8.000.00 I.A $ ;.000.00 $ 1.000.00 I.S 2.0(10.00 $ 2,000.00 1.5 .1.000.00 . $ 1.000.00 S 109,400.00 40 Deduction 5•10 5,10 53 I (S4,770.00) 208 Final 1mount $ 3,000.00 $ (1.000.00 $ 1,000 00 $ 3.000 00_ $ 2.200 00 $ 1,080.00 $ 2,700.00 S 42,930.00 S 18.720.00 $ 6,000 00 $ 8.000 00 $ 3.000 00 $ 2.000 00 $ -1.000 00 (S4,770.00) S 104,630.00 FIN:11. CONTRACT BALL. N('1.: (MARINA \V V'' S I URIV1 1)R-\S. RIL e 2 of .2 SPF:CII:I(:AHON. NO. (18-I2. (•ON'I IZ:1(' I OR. 3-I) [uteri)! i'cs S I :AR 11.1) D:A I I 1 I I8 08 ORI(iIN:AI. CON 1 R:AC I :A\IOIIN I : S 109,400 ('O\l['I I.:I ION I):A11 : 05-17-09 he final total contract price for the construction to date is 10-1,6;0.00 The work was completed within 30 Working da,s. f he C01111-acti>r (3-I) l•;N I•t:RPRISI•:S) accepts this Final (:ontract Balance as lull compensation lOr the Xvork. Recommended ti,r :\ply al h\ e. Construction Ntanaeer Date Approved by: Sha' 0 ru..'- ) I nterprises Date Din Daneshtar. Principal Civil f•:nf2.iueer Date \laryam liahaki. ('ity I•:ngineer I>ate (`ity of National City Resolution Number Date '? City of National City, California COUNCIL AGENDA STATEMENT � EETING DATE May 19, 2009 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City waiving the bid process and authorizing a sole source purchase of a GIS-based traffic collision records system from Crossroads Software, Inc. in the amount of $33,570 for use by National City Police and Engineering Departments to provide enhanced analysis of traffic collisions for improving safety (funded through Office of Traffic Safety Grant) PREPARED BY Stephen Manganiello EXPLANATION See attached. DEPARTMENT Engineering EXT. 4382 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funding is available in Account #314-409-500-598-6574 (OTS Grant) Account No. STAFF RECOMMENDATION Adopt the resolut,on.�f,�,1 BOARD / COMMISSION RECOMME ' TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Letter and price quote from Crossroads Software, Inc. A-200 (Rev. 7/03) Explanation In an effort to identify solutions for improving traffic safety Citywide, City Engineering applied for and was awarded a $132,000 State of California Office of Traffic Safety (OTS) Grant for purchase of flashing beacons, trailer -mounted vehicle speed feedback signs and a GIS-based traffic collision records system. On February 19, 2008, the City Council adopted Resolution No. 2008-31 authorizing the City Engineer to submit the grant application. On August 5, 2008 City Council adopted Resolution No. 2008-152 authorizing the City Engineer to execute the Grant Agreement. On September 9, 2008, the OTS officially approved the grant as part of the California Traffic Safety Program and provided authorization for the project. Per the Grant Agreement, $50,000 was allocated towards implementing a GIS-based traffic collision records system to provide electronic transfer of data between the City's Police and Engineering Departments, improve traffic records management, and allow for enhanced analysis of traffic collision locations, factors and types to improve safety. City Engineering is requesting that City Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480 and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Crossroads Software, Inc. for the reasons summarized below and listed in the attached letter from Crossroads Software, Inc. indicating unique attributes of the product. The total cost of equipment and services is $33,570 per the attached quote. Engineering Department staff researched competing products online and spoke with other agencies in the region. In short, there are only a handful of companies in the U.S. that provide GIS-based traffic collision database systems that can "read -in" the data electronically, allow the user to perform extensive queries and statistical analyses, and generate reports and GIS- based mapping. The competing products are based out of state in Virginia and Colorado. Crossroads Software, Inc. is based in Southern California and has been providing software tools for traffic collision analysis for over 17 years. As such, this product has special features designed specifically for use in the State of California. For example, the Crossroads product allows the user to input all the information captured by the State of California Traffic Collision 555 report, the defacto standard reporting form for all public agencies in the State. When printed, the 555 form is replicated and can serve as the "hard copy" report that all agencies must forward to the California Highway Patrol. Crossroads provides the only product that can automatically read -in an "entire" traffic collision report, whereas the competitors are only able to process a subset of the report's data. The accuracy of the data processing, querying and automatic geocoding of collision locations for GIS mapping purposes and reporting is superior. In addition, a Traffic Citation database module is included with the Crossroads package, which stores the necessary information to track and analyze police traffic enforcement activities, calculating enforcement indices as well as providing a full array of reports and statistics. The citation information can also be plotted automatically on the GIS map and cross-referenced against high collision locations to assist in deploying directed enforcement. In August 2007, the Technology Transfer Program of the Institution of Transportation Studies at the University of California -Berkeley provided a free Traffic Safety Evaluation for City Engineering and Police Department staff. One of the recommendations from the evaluation was to implement a GIS-based Traffic Collision Records Management and Analysis System. The evaluation team highly recommended Crossroads Software Traffic Collision Database, which is used by over 375 agencies in the State of California. The following local agencies use Crossroads Software Traffic Collision Database: the Cities of Chula Vista, Coronado, La Mesa, El Cajon, Carlsbad, Oceanside, Vista, San Marcos, Poway and the County of San Diego. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS, AND AUTHORIZING THE SOLE SOURCE PURCHASE OF A GIS-BASED TRAFFIC COLLISION DATABASE SYSTEM FROM CROSSROADS SOFTWARE, INC., IN THE AMOUNT OF $33,570 UTILIZING FUNDS FROM A STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT WHEREAS, on September 9, 2008, the City of National City was awarded a $132,000 State of California Office of Traffic Safety (OTS) Grant for the purchase of flashing beacons, trailer -mounted vehicle speed feedback signs, and a GIS-based traffic collision database system that would provide electronic transfer of data between the Police and Engineering Departments, improve traffic records management, and allow for enhanced analysis of traffic collision locations, factors, and types to improve safety; and WHEREAS, research indicates that Crossroads Software, Inc., is the only vendor in the State of California that provides GIS-based traffic collision database systems, and the only system designed specifically for use in California; and WHEREAS, pursuant to Section 12.60.220(B) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the commodity can be obtained by only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process, and authorizes a sole source purchase of a GIS- based traffic collision database system from Crossroads Software, Inc., in the amount of $33,570 utilizing funds from the State of California Office of Traffic Safety (OTS) Grant. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Crossroads 210 W. Birch Street, Suite 207, Brea, CA 92821 (714) 990-6433 ISoftware Stephen Manganiello National City, C'alitornia Dear Stephen, the products offered by Crossroads Software. including our Collision Database System and our other software products are available exclusively from Crossroads Software. Crossroads Software does not distribute our software through other vendors so that we may maintain control over the quality of installation, training and support that we provide with our software systems. -The Collision Database software application includes many unique capabilities and features not offered by other companies. The following list summarizes the key features exclusive to the Crossroads Collision Database that are unavailable in competing systems. This is why we believe that Crossroads Software is uniquely qualified to meet the ('ity's collision database needs. The Collision Database System is based on a Street Layout Table. The Layout Table is a computerized "network model" of every street in the County that holds the name of each street, the name of each intersecting cross street, the distance and direction between all cross streets and the order that they cross. elpis structure allows the collision database system to perform many key functions that other systems cannot. The street name and directional information for each collision record is automatically compared to the street layout table to verify and, when necessary, correct the street names and confirm that the indicated streets intersect. This allows for unparalleled accuracy in query results. 3. The Street layout 'Cable has universal application as the basis for all types engineering/ resource management inventories such as Traffic Control Devices, Pavement and Signal Inventories, speed limit information and traffic volume data. 4. Collision tile types including the California State Wide Integrated "Traffic Reporting System (SWITRS) and custom file formats can be electronically "read" into the System while improving on the accuracy of the data provided from these sources through a series of automatic error checks. 5. Collision report information can he displayed automatically on a computerized GIS map of the County using the information that is always provided with each collision report; primary road name, secondary road name, distance and direction. No other system automatically geocodes individual collision locations using just these inputs readily available from every collision report. 6. GIS mapping provided with the project will he reviewed against the most up-to-date hard copy map available and edited accordingly so that collision records can he geographically referenced with the highest degree of accuracy. 7. "There is no limit to the number of intersection or midblock locations that can be queried. Also no limits exist on the number of parties or victims in each collision record. I Crossroads 210 W. Birch Street, Suite 207, Brea, CA 92821 (714) 990-6433 ISoftware 8. The ('rossroads package features a presentation quality color collision diagram generator. You nuv specity the parameters for the collision diagram query in the same way you define any of the queries. Collision diagrams may he printed to any Windows compatible printer or plotter. 9. The system pertornis midblock queries for collisions by allowing the user to select a street and any two cross streets along that street. 10. The System provides the flexibility for the user to define `intersection distance' parameters for queries and collision diagrams so that additional collisions can he identified as required to hest depict collision patterns and trends. 11. A traffic volume database system is included with the package, which stores all types of traffic count information. The count data is also referenced to the Street Layout "fable and is accessed by the Collision Database System to automatically calculate collision rates for both intersections and midhlock locations. The system can also automatically produce a "traffic flow" map using ArcView. 12. The System provides a fully configurable data input module that allows the user to input all the information captured byr he State of California Traffic Collision (555) report, the defacto standard reporting loran for all public agencies in the State. When printed, the 555 fora is replicated and can serve as the "hard copy" report that all agencies must forward to the California highway Patrol. The data input module also can he configured to allow varying level of data input, so that the data stored can he matched to available staffing and resources. 13. A Traffic Citation database module is included with the package, which stores the necessary' information to track and analyze police traffic enforcement activities, calculating enforcement indices as well as providing a full array of reports and statistics. The citation information can also be plotted automatically on the GIS map and cross-referenced against high collision locations to assist in deploying directed enforcement. 14. All prices include eight hours of "hands-on" training (on -site), free upgrades for one year and unlimited phone support during Crossroads regular business hours. If you have any questions or need additional inlonnation, please don't hesitate to call me at (714) 990-6433. Sincerely, Jeff -Cullen Director of Sotlware Development Cost Proposal `�'ltlonaI C 11►' Crossroads Software 210 W. Birch Street, Suite 207 Brea, CA 92821 Number: CI' 08-27 Item i\'o Item Description Quantity Price Taxable Amount 1 Collision Database System (Master License) 1 $8,900.00 No $8,900.00 2 GIS Collision Mapping Module (Master License) 1 $4,900.00 No $4,900.00 3 Review and edit a GIS centerline map of the 1 $1,400.00 No $1,400.00 City 4 Electronic Input and Verification of SWITRS 1 $2,100.00 No $2,100.00 traffic collision data for five years 5 Street Layout Table (Labor) 1 $3,800.00 No $3,800.00 6 ArcView License 1 $2,195.00 Yes $2,195.00 8 Training and Installation (two training sessions 1 $1,800.00 No $1,800.00 - six hours each) Sales Tar 8.75 % on Sub Total S25,095.00 S 2,195.00 5192.06 Total S25,287.06 Wednesday, March 13, 2009 Page 1 o/ 1 Cost Proposal For: 1'utionul City Crossroads Software 210 W. Birch Street, Suite 207 Brea, CA 92821 Number: CP 09-64 Item ;\o Item Description Quantity Price taxable Amount 1 Collision Database System (Second Site 1 $5,340.00 No $5,340.00 License for Police Department) 2 GIS Collision Mapping Module (Second Site 1 $2,940.00 No $2,940.00 License for Police Department) Sub Total $8,280.00 Sales Tax 9. 75 % on SO. 00 S0.00 Total $8.280.00 DJ edaesday, April 15, 2009 Page 1 o/ City of National City, California COUNCIL AGENDA STATEMENT `,,FETING DATE May 19, 2009 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council of National City accepting the work from MA Stevens Construction, Inc. with final contract amount of $1,487,832.73 and authorizing the filing of a Notice of Completion with the County Recorder for National City Library Remodel project (Funding is through Tax Increment Funds). PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement MIS Approval Approved By: / Finance Director Funding will be available through Tax Increment Funds, Account No. 511-409-500-598-3744. Account No STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMIS ON RECOMM OATION N/A ATTACHMENTS (Listed Below) 1. Resolution Final Contract Balance Change Order 3. Notice of Completion Resolution No. A-200 (Rev 7/03) City of National City, California COUNCIL AGENDA STATEMENT 41•1111EETING DATE May 19, 2009 AGENDA ITEM NO. ITEM TITLE Resolution accepting the lowest, responsive, responsible bid, for 3 year lease of four Hybrid Toyota Prius, from Frank Toyota in the amount of $52,215.80. 13 PREPARED BY Debbie Lunt x 4582 DEPARTMENT Finance - Purchasing EXPLANATION On 6/3/08 Council authorized reallocation of FY0708 Vehicle CIP funds in the amount of $67,000 and approved the leasing of four hybrid type green vehicles. Per Council Resolution #2008-99. Request for Bid #GS0809-4 was issued for the lease of four (4) 2009 model Hybrid Toyota Prius, or equal. Bids were mailed to thirteen (13) vendors, netting eight (8) responses (from 4 vendors). Bids were opened and publicly read on April 23, 2009, with one vendor present for the opening. The apparent low bidder was determined to be Frank Toyota of National City. After factoring in the 2% tax adjustment for local agencies, estimated fuel costs, deposits, interest, taxes and monthly payments over the life of the lease, the lowest, responsive, responsible bidder was determined to be Frank Toyota. Sample lease agreements have been reviewed by the City Attorney's Office, and final paperwork will be signed upon delivery of vehicles. This purchase is being made in order to replace our existing pool of gross polluting high mileage vehicles with fuel efficient hybrid type green vehicles. Environmental Review Ni N/A Financial Statement Funds are available in the FY09 Equipment Replacement Reserve Account. See attached schedule. Approved By: Finance 'rector Account No 644-422-223-511 STAFF RECOMMENDATION In concurrence with the Public Works Director, it is recommended that the award be made to Frank Toyota, and that authority be given to issue the resulting Purchasing Order. \ _ BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 7 Bid Abstract Lease Payment Schedule Resolution No. 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 THREE-YEAR LEASES OF FOUR 2009 HYBRID TOYOTA PRIUS FROM FRANK TOYOTA IN THE AMOUNT OF $52,215.80 WHEREAS, the Purchasing Division of the Finance Department of the City of National City did, in open session on April 23, 2009, publicly open, examine, and declare eight sealed bids for the lease of four 2009 hybrid Toyota Prius to replace existing pool vehicles, thereby lowering fuel costs, eliminating maintenance costs, and decreasing emissions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the lease of four 2009 hybrid Toyota Prius to the lowest responsive, responsible bidder, to wit: FRANK TOYOTA BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a lease in the amount of $52,215.80 with Frank Toyota for the lease of four 2009 hybrid Toyota Prius to replace existing pool vehicles, thereby lowering fuel costs, eliminating maintenance costs, and decreasing emissions. Said lease is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney (A) BIDDER: Frank Toyota #1 National City, CA Kearny Mesa Toyota San Diego, CA Enterprise #4 * San Diego, CA Frank Toyota #2 National City, CA Enterprise #2 * San Diego, CA Enterprise #3 San Diego, CA Mossy Nissan National City, CA erprise #1 * ''San Diego, CA Ball Honda National City, CA Mission Valley Honda San Diego, CA BID ABSTRACT #GS0809-4 (B) (C) (D) (E) (F) (G) Actual Bid 2% Local Net Cost Award for Tax for Subtotal Per 4 Vehicles Adjust Analysis (B. Payment Vehicle (B *4) (B*.02) D*4) Terms Notes $13,053.95 $52,215.80 $926.24 $51,289.56 $0.00 Award Net 15 $15,941.95 $63,767.80 $0.00 $63,767.80 $0.00 Net 30 $16,260.08 $65,040.32 $0.00 $65,040.32 $0.00 Net 30 $16,613.05 $66,452.20 $1,159.96 $65,292.24 $0.00 Net 15 $16,412.59 $65,650.36 $0.00 $65,650.36 $0.00 Net 30 $16,982.48 $67,929.92 $0.00 $67,929.92 $0.00 Net 30 $18,077.22 $72,308.88 $1,215.36 $71,093.52 $0.00 $18,847.35 $75,389.40 $0.00 $75,389.40 $0.00 Net 30 No Response No Response Mossy Nissan Kearny Mesa No Response San Diego, CA Pacific Honda San Diego, CA Pacific Nissan San Diego, CA Perry Ford National City, CA No Response No Response No Response Ron Baker Chevrolet No Response National City, CA 'rr..yota Carlsbad Carlsbad, CA No Response 5/11/2009 *Various payment options were submitted and determined to be unresponsive. 1 City of National City Financial Statements `r.► Lease Payment Schedule 3-Year Lease of Four ($) Hybrid Toyota Prius ($352.97 per unit) Total Payments FY 2009 May-09 Jun-09 Amt due Monthly at signing Payment 1,388.12 1,411.88 1,411.88 Total Balance Payments per FY 50,827.68 49,415.80 48,003.92 4,211.88 FY 2010 JuI-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 46,592.04 45,180.16 43,768.28 42,356.40 40,944.52 39,532.64 38,120.76 36,708.88 35,297.00 33,885.12 32,473.24 31,061.36 16,942.56 FY 2011 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 29,649.48 28,237.60 26,825.72 25,413.84 24,001.96 22,590.08 21,178.20 19,766.32 18,354.44 16,942.56 15,530.68 14,118.80 16,942.56 FY 2012 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 1,411.88 12,706.92 11,295.04 9,883.16 8,471.28 7,059.40 5,647.52 4,235.64 2,823.76 1,411.88 0.00 14,118.80 Total Payments 52,215.80 City of National City, California COUNCIL AGENDA STATEMENT . ETING DATE May 19, 2009 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION AUTHORIZING THE ACCEPTANCE OF CHILDREN EXPOSED TO DOMESTIC VIOLENCE (CEDV) SPECIALIZED RESPONSE PROGRAM GRANT AWARD IN THE AMOUNT OF $600,000. PREPARED BY DEPARTMENT Sgt. Mike Harlan (619) 336-4423 Police EXPLANATION On September 23, 2008, the National City Police Department applied for a Children Exposed to Domestic Violence (CEDV) grant through the State of California. This grant provides up to $200, 000 a year for 3 years for a grand total of $600, 000. This funding would pay 50% of the salary of one police officer to be assigned full-time to follow-up on domestic violence cases involving children in the household. The remainder of this officer's salary would come out of the police department's budget. This funding would also cover any equipment needs, such as laptop computers, as well as any training needs for the officer and program. This grant also requires that the applicant agency sub- contract with the South Bay Community Services. This grant funding would cover 1/2 of the salary of one full-time victim advocate to complete follow-up responses to NCPD Domestic Violence calls involving children and also provides for 1/4 of the salary of one full-time data entry program aide to compile statistics and satisfy any other clerical duties associated with the requirements for this grant. The remainder of the salary for the advocate and program aide would come out of the budget of South Bay Community Services. This grant funding would also cover 1/2 of the salary of one full-time Social Worker from the San Diego County Department of Social Services. The remainder of the salary for the Social Worker would come out of the budget for the County Department of Social Services. This grant has already been awarded and can be implemented immediately upon acceptance by the City Council. Environmental Review V N/A Financial Statement There is no cost to the city. The funding cycle for this grant is a three-year cycle beginning January 1, 2009 and ending December 31, 2011. Each grant period will be for twelve months. A non-competitive reapplication for continuation funding must be submitted for the second and third year of funding, which is based on availability of funds and project performance. Account No. 290-411-612-* STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A. ATTACHMENTS ( Listed Below) Resolution No. 7i. Notice of Grant Application Approval (Pages 1-39). 2. Grant Award (RFP Process) packet (Pages 40-66). A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A CHILDREN EXPOSED TO DOMESTIC VIOLENCE SPECIALIZED RESPONSE PROGRAM GRANT AWARD IN THE AMOUNT OF $600,000 WHEREAS, the National City Police Department applied for and was granted a Children Exposed to Domestic Violence (CEDV) grant through the State of California, which provides up to $200,000 a year for three years for a total of $600,000; and WHEREAS, the grant requires that the Police Department subcontract with the South Bay Community Services to better serve the needs of young victims of domestic violence. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a Children Exposed to Domestic Violence grant through the State of California, which provides up to $200,000 a year for three years for a total of $600,000. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney .c OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor Star Ivry GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION 3650 SCHRIEVER AVENUE MATHER, CALIFORNIA 95655 (916) 324-1569 FAX: (916)327-5674 f) I ' I ITT 6 c'UU6 ilL 1 y_c2-(00wU _ Application Cover Sheet RFP PROCESS Children Exposed to Domestic Violence Specialized Response Program Submitted by: National City Police Department 1200 National City Blvd. National City, CA 91950 Phone: Sgt. Mike Harlan: (619) 336-4423 c�� re OES ID# a 93— 5039' kward # 'Og0 GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION GRANT AWARD FACE SHEET (OES A301) The Governor's Office of Emergency Services, hereafter designated OES, hereby makes a grant award of funds to the following: 1. Grant Recipient: National City p?e1+ee-blepar!lfient hereafter designated Recipient, in the amount and for the purpose and duration set forth in this grant award. 2. Implementing Agency: National City Police Department 3. Project Title: Children Exposed to Domestic Violence SR 4. Grant Period: 01/01/2009 to 12/31/2009 'Select the Grant year and fund source(s) from the lists below or type the appropriate acronym in box 9. Enter the amount(s) from each source. Please do not enter both State and Federal fund sources on the same line. Add any cash match(s) and enter total in Block 10G. Grant Year 08/09 Select Select Select Select Fund Source I A. State B. Federal C. Total D. Cash E. In Kind F. Total 6 Fed Prgms 7 Fed Prgrns 8 State Prgms 9 io TOTALS 175,000 175000 175000 Match Match Match G. Total Project Cost 10 Grand Total 175000 11. This grant award consists of this title page, the application for the grant which is attached and made a part hereof, and the Assurance of Compliance forms which are being submitted. 1 hereby certify I am vested with the authority, and have the approval of the City/County Financial Officer, City Manager, County Administrator, or Governing Board Chair, to enter into this grant award agreement; and all funds ceived pursuant to this -agreement will be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this _,rant award and agrees to administer the grant project in accordance with the statute(s), the OES Program Guidelines, the OES Recipient Handbook, the Federal OJP Financial Guide and Program Guidelines (if applicable), and the OES audit requirements, as stated in the applicable RFP or RFA. The grant recipient further agrees to all legal conditions and terms incorporated by reference in the applicable RFP or RFA and agrees that the allocation of funds is contingent on the enactment of the State Budget. 12. Official Authorized to Sign for Applicant/Grant Recipient: Name. Manuel Rodriguez Payment Mailing Address: 1200 National City Blvd — Telephone: Signature 619 336-4512 (area code) Federal Employer ID Number: 956000749 Title- Assistant Chief of Police City: National City - Zip: 91950 FAX' 619 336-4525 Email: (area code). FOR OES USE ONLY]. Date: rnrodriguezcnationalcity_ca gov hereby certify upon my own personal knowledge that budgeted funds are available for he period and purposes of this expenditure stated above. ► aLE(-cv OES Fiscal Officer a -A ---ra& Date SFY: 2008/09 Chapter: 268 PCA No.: 02998 Item: 0690-102-0890 Fed. Cat. #:93.643 Component: 50-20-902 Program: Children Exposed to Domestic Violence Specialized Response Fund: Federal Trust Match Req.: N/A Project No.: 08CJA1 Amount: $ 1175/ 000 Grant Award Face Sheet - AOES 301 - (Revised 7/1/2008) OES Director (or designee) 1 r=� — — Date -�(I_��(1l( r JJI!I�IC-T1 Ill OCT 6 2008 ii PROJECT CONTACT INFORMA , .-J Applicant E v°W1S(oQ? [FOR OES USE ONLY] Provide the name, title, address, telephone number, and e-mail address for the project contacts named below. If a section does not apply to your project, enter "N/A." NOTE: If you use a PO Box address, a street address is also required for package delivery and site visit purposes. National CyPolicedepartment Grant Number The Project Director for the project: Name: t fvt}ce Harlan Title: Sergeant - Telephone #: (61 ) 336-4423 (Area Code) E-Mail Address. mharlan@nationalcityca _goy The Financial Officer for the project: Name: Manuel Rodriguez _ Title: Assistant Police Chief Telephone #: (619) 336-4512 (Area Code) E-Mail Address mrodriguez@nationalcityca.ov The person having routine programmatic responsibility for the project Address: 1200 National Cit r_Boulevard City: National City Fax #: 619 336-4525 (Area code) Name Sgt Mike Harlan Title: Sergeant Telephone #: ( 9) 336-4423 (Area Code) Zip: 91950 Address: 1200 National City Boulevard City: National City Zip: 91950 Fax #: (619) 336.4525 (Area code) Address: 1200 National City Boulevard City: National City Zip: 91950 Fax tt: (619) 336-4525 (Area code) E-Mail Address: mharlan@nationalcityca gov 4. The person having routine fiscal responsibility for the project: Narne: Manuel Rodriguez Title: Assistant Police Chief Address: 1200 National City Boulevard City: National City Zip: 91950 Telephone #: (619) 336-4512 --- _ Fax #: (619) 336-4525 (Area Code) (Area code) E-Mail Address: mrodrig.uez@nationalqyca.gov 5. The Executive Director of a nonprofit organization or the Chief Executive Officer (e.g., chief of police, superintendent of schools) of the implementing agency: Name: Adolfo Gonzalez - Address: 1200 National City Boulevard Title. Chief of Police City: National Cii _ Zip: 91950 - Telephone #: (619) 336.4517 Fax #: (619) 336-4525 (Area Code ) (Area code) E-Mail Address agonzales@nationalcityca.gov The Chair of the governing body of the implementing agency: (Provide contact information other than that of the implementing agency) Name: _.Gb�+s4-apata-Prk 1-}pn Address: 1243 National CityBoulevard Title. City Manager - IQCj Telephone #: 5619) 336-4240 (Area Code) 151:00,..6545- E-Mail Address: _ c. nationalcityca_ ov City: National City Fax tt: (619) 336 4525 (Area code) Zip: 91950 Project Contact Information (Revised 7/1/2006) Grant Recipient: Implementing Agency: SIGNATURE AUTHORIZATION Grant Award # National City Police Department National City Police Department 0S01 Too' *The Project Director and Financial Officer are REQUIRED to sign this form. *Project Director: Sgt.,M,ike Harlan Signature: 7— Date: _ September 22, ()08 The following persons are authorized to sign for the Project Director *Financial Officer: A/Chief Manuel Rodriquez Signature: Date: The following persons are authorized to sign for the Financial Officer Signature Signature n/a n/a Narne Narne Signature Name Signature Name Signature Name Signature Jame Signature Name Signature Name Signature Name Signature Name Signature Authorization (11/15/2006) cy) Reset Form Print Form CERTIFICATION OF ASSURANCE OF COMPLIANCE Children's Justice Act Grant Programs sitar I, Manuel Rodriguez hereby certify that (official authorized to sign grant award: same person as Section 12 on Grant Award Face Sheet) RECIPIENT: National City Police Department IMPLEMENTING AGENCY PROJECT TITLE: National City Police Department Children Exposed to Domestic Violence Specialized Response Project is responsible for reviewing the Grant Recipient Handbook and adhering to all of the Grant Award Agreement requirements (state and/or federal) as directed by OES including, but not limited to, the following areas: 1. Equal Employment Opportunity— (Recipient Handbook Section 2151) It is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status, sex, sexual orientation, denial of family medical care leave, denial of pregnancy disability leave, or age (over 40). OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights. Please provide the following information: Equal Employment Opportunity Officer Title: Address: Phone: Email: Human Resources Director Stacey Stevenson 140 East 12th Street, Suite A, National City, CA 91950 (619) 336-4308 sstevenson@nationalcityca.gov 1I. Drug -Free Workplace Act of 1990 — ( Recipient Handbook, Section 2152) The State of California requires that every person or organization awarded a grant or contract shall certify it will provide a drug -free workplace. III. California Environmental Quality Act (CEQA) — (Recipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all OES funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is cornpliance with CEAQ requirements. Certification of Assurance of Compliance - CJA. OES 656 (Revised 1/1/2008) 2 IV. Lobbying — (2006 Recipient Handbook Section 2154) OES grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. V. Debarment and Suspension — (Recipient Handbook Section 2155) (This applies to federally funded grants only.) OES-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VI. Proof of Authority from City Council/Governing Board The above -named organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization from the city council/governing board in support of this program. The applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from OES shall not be used to supplant Note expenditures controlled by the city couricil/governing board. The applicant is required to obtain written authorization from the city council/governing board that the official executing this agreement is, in fact, authorized to do so. The applicant is also required to maintain said written authorization on file and readily available upon demand. Vll. Special Conditions for Grand Awards with Children's Justice Act Fund Federal grant funds shall not be used to support inherently religious activities such as religious instruction, worship, or prosetytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program. Regulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the HHS website at: http://www.os dhhs.gov/fbci/waisq:rte21 pc't. Federal grant funds provided under this award may not be used by the recipient to support lobbying activities in influence proposed or pending Federal or State legislation or appropriations. This prohibition is related to the use of Federal grant funds and is not intended to affect an individual's right or that of any organization, to petition Congress or any other level of Government, through the use of other resources. (See 45 CFR Part 93.) Certification of Assurance of Compliance CJA, OES 656 (Revised 1/1/2008 3 In accordance with Public Law 103-333, the "Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 1995," the following provisions are applicable to this grant award: Section 507: "Purchase of American -Made Equipment and Products - It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American -made." In accordance with Part C of Public Law 103-227, the "Pro -Children Act of 1994," smoking may not be permitted in any portion of any indoor facility owned or regularly used for the provision of health, day are, education, or library services to children under the age of 18, if the services are funded by Federal programs wither directly or through State or local governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions or facilities and used for inpatient drug and alcohol treatment. Certification of Assurance of Compliance — CJA. OFS 656 (Revised 1/1/2008) 4 C ) All appropriate documentation must be maintained on file by the project and available for OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Recipient may be ineligible "ram for award of any future grants if the OES determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, am the sarne individual authorized to sign the Grant Award Agreement [Section 12 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Authorized Official's Signature: Authorized Official's Name: Manuel Rodrigez Authorized Official's Title: Assistant Chief of Police Date Executed: Federal Employer ID Number: 956000/49 Executed in the City/County of: National City / San Diego lc- ZJ-o(f AUTHORIZED BY: (not applicable to State agencies) • City/County Financial Officer or • City/County Manager or • Governing Bold-S#aair Signature: Name: Title:NG. City Manager, National City elf 7-3/0 6 Certification of Assurance of Compliance - CJA, OES 656 (Revised 1/1/2008) 5 CE� BUDGET CATEGORY AND LINE ITEM DETAIL A. Personal Services - Salaries/Employee Benefits TOTAL COST 1 FTE Police Officer @ 50% Participate in the CEVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, data sharing, and program coordination. SALARIES 1 FTE Police Officer @ 50% ($74,604 x 50%) Medicate 1.45% $541 Uniform Allowance @ 50% of $700 $350 LTD Insurance @ 50% of $234 $117 Insurance W/Compensation @ 9.73% $3,630 Life AD/D Insurance $53 Pers @ 37.806% $14,102 Health Insurance $3,617 TOTAL FRINGE $22,410 37,302 22,410 PERSONAL TOTAL $59,712 OES A303C c q� BUDGET CATEGORY ANI) LINE ITEM DETAIL B. Operating Expenses TOTAL COST Consultant The Evaluator will conduct a comprehensive programatic evaluation, including identifying appropriate evaluation methods and tools, gathering and analizying data, and reporting evaluation results. Sub -Contract- South Bay Community Services Provide .5 FT Advocates to do followup response to NCPD Domestic Violence calls and .25 FTE Data entry/Program Aide. Participate in the CEVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, data sharing, and program coordination. Breakdown sub -contractors cost: Personnel Services 5 FTE Advocate @ $18.50/hr x 12 mths x 50% _ $ 19,240 25 FTE Data Entry @ $12.50/hr x 12 mths x 25%= $ 6,500 Sub -Total Salaries $ 25,740 Fica @ 7 65% $ 1,969 Sui @ 1.789% of first $7,000 in earnings = $ 147 Insurance Workers Compensation @ 2.70% _ $ 695 Pension $107 x 12 months x 75 FTE : $ 963 Health Insurance @ 5250/mth x 12 x 75 FTE = $ 2,250 Total Salaries & Benefit! $ 31,764 Operating Expense Mileage @ 75 miles/mth x $.585 x 1 staf $ 526 Office Supplies @ $40/mono $ 480 Comunications @ 550/mth x 12mth $ 600 Total Non - Personne $ 1,606 Total Direct Cost $ 33,370 Indirect Cost Federal Approved Indirect Rate of 12.9° Total Sub -Contract Amoun' 4,305 37,675 Sub -Contract- County Of San Diego Provide .5 FT Social Workers to participate in the CEVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, date sharing, and program coordination. Breakdown sub -contractors cost: Personnel Services 5 FTE Senior Social Worker @ 565,960 x 50% = $ 32,980 Fica @ 7.65% $ 2,523 Employment Comp Insurance @ 3% = $ 989 Unemployment .25% Fixec $ 82 Health Insurance @ 9.90% $ • 3,265 Retirement @ 36.203% $ 11,940 Total Sub -Contract Amoun' $ 51,780 Indirect Cost Calculated @ 5% of total Direct Cost ($59,712+$17,500+$37,675+$51,780 = $166,667 x 5% $17,500 $37,675 $51,780 $8,333 OPERATING TOTAL '" $115,288 OES A303c C/6 BUDGE•I' CATEGORY AND LINE ITEM DETAIL C. Equipment TOTAL COST $o EQUIPMENT TOTAL $0 o•....❖....❖..•...•.•..•.....•...❖.•.•....•...•..❖.❖......•.•..•.•.....•.❖.•A•...•... .•.. .•. A•.•.•.•..'o.• .•.•.••.•... .❖.•.❖..•...•o .❖...•...•.❖.•.• Total Project Cost* ' Same as Block 10G on the Grant Award Face Sheet 175,000 OES A303c DATE: TO: FROM: PREFERENCE POINTS CERTIFICATION Use ihis_frrmat if one is not provided by the Lead agency. September 19, 2008 GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION Community Contact Enterprise Zone Program SUBJECT: PREFERENCE POINTS (check only one box) Cl (5%) (2%) The applicant named below has targeted this enterprise zone for grant -related activities. The appiicant named below has not specifically targeted this enterprise zone for grant -related activities. However, the applicant provides needed services to residents of this community. Name: National Cityy_Police Department (Applicant) Name: Children Exposed to Domestic Violence SRP (Project) Address: 1200 National City Blvd, national City, CA 91950 (Program) Zone I certify that I have reviewed the proposed project and that it rneets the eligibility requirements for preference points as required by California Government Code Section 7082. Ples W. Felix, Jr. Special Incentive Manager Contact Title Sig : t e of _nterp ' se Zone Contact San Diego Regional Enterprise Zone Name of Enterprise Zone Agency September 19, 2008 Date 1200 Third Avenue, Suite 1400, San Diego, CA. 92101 Address (619)236-6301 (619) 236-6703 Telephone Number (with area code) FAX Number (with area code) Preference Points Certification (Revised 7/1/2006) z) Project Narrative Problem Statement (2 pages): The program will take place in National City, located in the southwestern portion of San Diego County with a population of 63,537 (59% Hispanic. 17% Asian & PI, 15% White, 6% African -American, and 3% Other). Situated less than 10 miles from the Mexican border, the city is home to many first -generation immigrant families with limited resources and a minimal command of English, making it difficult to find secure employment and access community resources. The City's average household size is 3.46 (the county's highest), and 27% of the population is aged 18 or less. In 1992, the city was listed as California's third poorest city in per capita income and the thirteenth poorest in the nation. The average salary for jobs in National City is $21,244, and the median household income is $29,826. The city's unemployment rate is 10.7% (up from 7.8% in 2004). In 2006, National City's violent crime rate of 8.25 per 1,000 population was the county's highest, and represents a 15% increase from the previous year. National City's domestic violence rate of 23 per 1,000 households is the third highest in the county, after Oceanside and Chula Vista (SANDAG, 2008). National City Police Department (NCPD), South Bay Community Services (SBCS), and the County of San Diego Child Welfare Services (CWS) have worked collaboratively on the Domestic Violence Response Team (DVRT) since 1999. SBCS' DVRT Advocate, co -located at the Police Department, provides immediate on -site advocacy during 911 calls for domestic violence on a 24/7 basis (on scene with an Officer within 1 hour) On -site services include crisis intervention, safety planning, and a needs assessment for the adult victim and any children present. If needed, the Advocate will refer the victims to other appropriate services that have been identified as necessary during the assessment, such as shelter and counseling. If the victim needs shelter immediately, the Advocate assists in the arrangements. CWS is called if a child has been abused or neglected. Follow-uu home visit the next day include intensive assessments to identify any needs for services, such as Comprehensive client centered, bilingual, culturally appropriate case assessment and coordination, short-term confidential shelter and long-term transitional housing (up to 18 months), trauma -informed individual and group counseling; emergency food, clothing, and transportation, TRO assistance and court accompaniment; therapeutic preschool; and rental assistance. In 07-08, the DVRT Advocate provided immediate crisis response to 27 DV calls, and provided non -emergency intervention in an additional 14 cases. These numbers are low, given that NCPD responded to 202 calls for domestic violence in 2007, and has responded to 252 calls since March 2008 (a 25% increase in domestic violence calls so far this year). NCPD and SBCS intend to increase the number of DVRT calls to 100, of which approximately 66 will involve children (two-thirds of cases). NCPD has 92 officers, 1/3 of these hired during the last year. Most of the new officers have not yet been trained to utilize the DVRT Advocate when responding to DV calls, and NCPD and SBCS are currently implementing strategies, such as additional roll call trainings, to improve the DVRT call rate. However, given the high number of calls that involve children, the existing DVRT staff cannot adequately address the needs of all of the children. In addition, many of these families have contact with multiple services, such as the region's School Resource Officers (SROs) and our school/community-based Juvenile Diversion program and Community Assessment Team, as well as the DVRT This contact is not always effectively coordinated, so that families may be interacting with more than one case manager or even receiving duplicated services. The proposed Children Exposed to Domestic Violence Specialized Response Program (CEDV-SRP) will address these programmatic weaknesses. SBCS is strongly committed to breaking the intergeneratienal cycle of violence, and has extensive experience addressing the special needs of children traumatized by domestic violence and re-establishing positive parenting relationships between these children and their non -offending parent whenever possible. The CEDV-SRP will enhance families' access to SECS' range of age -appropriate therapeutic, developmental, and educational activities for children exposed to DV, including shelter, group & individual counseling, therapeutic preschool, and a range of family supports. Ciy 2. Plan and Implementation (5 pages): The CEDV-SRP will be a new component of the DVRT. The DVRT will be expanded to include an additional .5FTE DV Advocate, a 5FTE CWS Social Worker, and a .5FTE Police Officer who will join the DVRT to address the immediate and longer -term needs of any child who has been exposed to DV. Required qualifications are (all require a clean driving license and background clearance for working with minors ): • Law Enforcement Officer: Graduation from high school or possession of 12th grade G E.D. certificate, and completion of Basic Police Academy. • DV Advocate: Minimum one year experience in child, youth, and family services field, preferably in a community based or neighborhood service organization. Experience in the areas of individual, group, and family counseling, outreach, community education and development, advocacy, and case management. Ability to work with a diverse cultural population. B A or B.S. degree, (M.A. or M S.W. preferred) in social work, psychology, or related field, experience may be substituted. 40 Hour DV training. Bilingual preferred. • CWS Protective Services Social Worker: A bachelor's degree in social work from an accredited college or university; OR; A bachelor's degree from an accredited college or university with at least 24 semester units in the behavioral sciences, AND, i year of work experience or 2 semesters of supervised internship experience in a family or children's service agency performing duties of supervision, treatment or protective services to children Mandatory objectives 1. Ensure the CEDV-SRP team receives specialized DV training in their own discipline. During Advanced Officer Training every two years, officers are trained to complete DV criminal investigations, including interviewing, photographing, and collecting evidence. All SBCS staff are required to attend at least 24 hours of training per year that is appropriate and specific to their client caseload and are critical for working with children, youth, and families in a community setting, including Child Abuse Reporting, Cultural Competency and Sensitivity, Trauma -informed Approach, and Confidentiality. DVRT Advocates must meet the definition of DV Counselor as defined in the California Evidence Code, Section 1037.1(a). Training for any new hires is scheduled within 30 days of their hiring. SBCS is committed to creating a violence free environment for all women, men, children, and families and has developed a strong training curriculum that offers the knowledge and skills to provide culturally sensitive counseling, referrals, and advocacy for the survivors of DV and their children. CWS Social Workers receive 6 weeks of initial training covering a variety of topics when they are first hired, as well as ongoing training on a variety of topics including DV. The county has a DV protocol that all social workers are trained to follow. 2. Ensure the CEDV-SRP team are cross -trained on the identification of each discipline's roles and procedures related to children exposed to domestic violence, and each discipline's limitations in responding to children exposed to domestic vio/ence. All CEDV-SRP staff (Police Officers, Social Workers, and DV Advocates), including regular and on -call staff and day and night workers, will participate quarterly cross training, including roll call training for all Police Officers, that will supplement the cross-trainings already provided by the DVRT. Topics will include the effects of witnessing DV, signs of child abuse and neglect, and guidelines for child witness interviews. as weil as each discipline's roles and procedures related to children exposed to DV, and each discipline's limitations in responding to these children. 3. Develcp a CEDV-SRP protocol specific to the law enforcement agency on the team. San Diego County has developed a countywide protocol for law enforcement response to DV. In 2007, a multi -agency committee revised and updated the protocol to reflect changes in the law and specifically address the protection of children exposed to DV. The protocol includes the following policy statements: 'Children Exposed to DV should be considered as separate victims in DV incidents"; and, "Training will be provided regularly to enhance law enforcement's response to DV and children exposed to DV". It includes a section on Children exposed to DV with guidelines for child witness interviews The MDT will review the DVRT protocol to incorporate additional child -focused items. based on the Attorney General's CEDV protocol. 4. Develop a comprehensive computerized database for the purpose of data collection and information sharing. CA.) The DVRT already maintains a comprehensive computerized database for the purpose of data collection and information sharing which documents all of the information required in the RFP. 5. A child protective services professional will attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. The Child Abuse Hotline will assess all hotline reports for an appropriate response time, and Immediate Response Service (IRS) referrals will be assigned for response within 24 hours. CWS South Region will evaluate the IRS and non -IRS referrals for immediate on -site response to DV calls where children are present. The Social Worker will investigate child abuse and neglect allegations by interviewing and counseling parents, children, and adolescents, analyzing information and data collected, determining degree of danger and risk of future abuse and neglect, determining if removal of the child from the home is necessary. and conducting time sensitive investigations per court order or in compliance with State of California law. If the CWS Social Worker determines that a child needs to be removed from his/her home, they will arrange for an appropriate placement and refer family members to appropriate services. 6. A dornestic violence advocate will attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. DV Advocates stationed at the NCPD will provide immediate on -site advocacy, and will be on scene with an Officer within 1 hour (usually within 20 minutes). DV Advocates conduct crisis intervention, safety planning, and assessment. if needed, the DV Advocate will refer the adult victim and/or child to other appropriate services as identified during the assessment, such as shelter or counseling. If shelter is needed immediately, the DV Advocate will assist in the arrangements. In cases in which DV Advocates are not called to the scene, NCPD will provide the DV Advocates with a copy of the police report, and the DV Advocate will immediately attempt to make contact to offer advocacy and follow- up services. The DV Advocate will also coordinate with program staff of any other program that the child is involved in. 7. Law enforcement officers will follow-up with the domestic violence adult victim and children by way of safety patrols or similar activities. C -)_) Law enforcement officers will provide follow-up services such as neighborhood patrols if appropriate, as well as informing the School Resource Officers at the child's school about the situation so that the SRO is aware of the situation and can offer support to the child/family. 8. A child protective services professional and/or domestic violence advocate will attempt to make follow-up contact with the child and family and refer the family to relevant service providers for follow-up services. The DV Advocate and CWS Social Worker will work together to provide follow-up services for the child and family that address any needs identified by the assessment. Follow-up home visits made the next day will include more intensive assessments and identify any need for services. If the adult victim does not wish to make a follow-up appointment, the DV Advocate or CWS Social Worker will still attempt to make contact the following day and in the ensuing weeks will make several phone calls to ensure the children and adult victim are safe and aware of available services. If the adult victim declines services altogether, the contact will be noted in the database. The DV Advocate will refer children and families to a wide range of follow-up services such as bilingual, culturally appropriate case assessment and coordination emergency and long terns (up to 18 months) confidentiai shelter, individual and group counseling; case consultation, TRO assistance and court accompaniment; trauma -informed substance abuse treatment; independent living skills classes and financial empowerment services; parenting classes; emergency food, clothing, and transportation; and rental assistance programs Services for children, all using a "Point of Engagement" delivery system, include: Y Mi Escuelita, a free, full -day, therapeutic preschool for children aged 3 - 5 who have been traumatized by family violence As a result of this innovative program, children develop emotionally, socially, and developmentally in supportive home and school environments, increasing their chances of long-term healthy development free from violence. Community Services for Families, providing intensive case management, support groups. parenting classes, and referrals for families experiencing or at risk of family violence and child abuse. Most of the families are referred through CAN, and many suffer from DV. Child Abuse Treatment Program (CHAT, funded by the California Office of Emergency Services), providing intensive mental health services for child victims of crime Health and Developmental Services for Children, which brings together social service, health, and educational organizations to provide health and developmental screenings, assessments, and treatment. SBCS is developing a 23 hr. assessment center to provide short-term shelter and services for child abuse victims recently taken from their home. SBCS envisions this as being part of a Children's Village that brings together an array of organizations providing tailored services and supports for victims of child abuse and family violence, their non -offending parents, and foster families, resulting in long-term stability for child abuse victims in the region. 9. Conduct bi-monthly regularly scheduled in person conferences to review all cases. NCPD, SBCS, and CWS will coordinate bi-monthly in -person case conferences to review all cases. DVRT staff will identify any other services and programs that the family is accessing, and will work to ensure that the services are coordinated, seamless, and unduplicative. Staff of these other programs may be invited to participate in the case consultations when appropriate. 10. Facilitate the regular exchange of information among personnel from law enforcement, child protective services, probation, mental health, public health, domestic violence agencies, and relevant attorneys through the development of a multidisciplinary team which meets every other month. The Multi -Disciplinary Team (MDT) including the CEDV-SRP staff (CVPD, SBCS. & CWS), representatives of the DA's office, and other relevant agencies, will meet quarterly to exchange information, adjust services to meet current needs, address and resolve challenges, evaluate the progress of the collaboration, and coordinate outreach to the community 11. Complete a comprehensive programmatic evaluation regarding the impact the program had on reducing trauma to children exposed to domestic violence and increasing their safety. Once the contract is awarded, an evaluator will be selected through a competitive bid request process to design and conduct a comprehensive programmatic evaluation The selected evaluation team will work with the CEDV-SRP staff to identify appropriate evaluation methods and tools, gather and analyze data, and report evaluation results. 19) Implementation (2 pages maximum, not including charts): National City Police Department, a department of the City of National City, employs 92 police officers and 43 professional staff members and serves over 60,000 residents in a nine square mile area. In partnership with our community, NCPD is committed to providing the highest level of service and public safety. We pursue this commitment with an unwavering resolve while always respecting the rights and dignity of those we serve. NCPD's Administrative Division has many years of experience successfully managing federal and state grants, including grants from State Homeland Security, Law Enforcement Terrorism Prevention Program, Urban Area Security Initiative, the Office of Traffic Safety, and Justice Assistance. NCPD, CWS, and SBCS have worked collaboratively on DVRT services for adult victims and children since 1999. Originally, the DVRT only responded in cases where children were present, but was later expanded to include all DV calls. For the last 3 years, DV Advocates have been stationed full-time at the NCPD in order to provide immediate response and have direct liaison with PD staff. This close contact ensures mutual trust and cooperation and facilitates information sharing among the partners. In the past, DV Advocates have found that victims are less receptive to accessing follow- up services if the follow-up contact takes place more than 72 hours after the crisis is over However. if follow-up services are suggested during the initial DVRT visit, clients are 50% more likely to connect with needed services. For this reason, the roll call trainings greatly stress the importance of ensuring that the DVRT Advocates are called immediately, so that this critical window of opportunity is not missed. The DVRT project also employs a Data Entry/Program Aide who is responsible for all data entry of the project. SBCS is the lead agency in the South Bay Regional Collaborative (SBRC), a partnership between SBCS and the region's four community collaboratives, Children's Hospital, and YMCA Family Stress Counseling Services The SBRC is also contracted with the County of San Diego to provide Community Services for Families (CSF) in the South Region referred by the Children's Services Bureau. These services include case management, parenting classes, support groups. specialized training, and prevention/referral services. SBCS will ensure that victims with children who are served through the DVRT will be linked into the CSF program. The NCPD will facilitate a quarterly Multi -Disciplinary Team (MDT) meeting to discuss domestic violence topics with allied agencies, including hospitals, Adult Protection Services, Child Welfare Services and the other DV Providers. This collaboration demonstrates the region's intention to work together toward the mutual goal of providing maximum available assistance for domestic violence child victims. The outcome will be a permanent community collaboration of public and private agencies providing immediate response and focused, comprehensive follow-up services for child victims of family violence. As a result of contact with any of the partners of the Collaborative, child and adult victims of domestic violence will gain automatic access to a wide array of services, supports, and resources that will help them rebuild self-sufficient, non-violent lives for themselves and their children. Budget Narrative The budget supports the objectives by using the majority of funds for direct service activities. Part A: Personnel Services The grant supports a .5FTE Police Officer, who will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, inform the other CEDV-SRP Team members (DV Advocate and CWS Social Worker) when responding to such calls, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. Qualifications: Graduation from high school or possession of 12th grade G.E.D. certificate, and completion of Basic Police Academy. Benefits: Medicate, Uniform Allowance, LTD Insurance, Insurance with Compensation, Life AD/D Insurance, Pers (retirement), and Health Insurance. Total w/ benefits $59,712. Part B: Operating Subcontract to an Evaluator, selected through a competitive bid request process once the award is announced, to design and conduct a comprehensive programmatic evaluation The selected Evaluator will work with the CEDV-SRP team to identify appropriate evaluation methods and tools, gather and analyze data, and report evaluation results. Total sub -contract is $17,500 (10% of total award). Subcontract with South Bay Community Services for.5 FTE DV Advocate and 25FTE Data Entry Aide. The DV Advocate will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. The DV Advocate will be located full time at the NCPD. Qualifications Min 1-year experience in child. youth, and family services field, preferably in a community based service organization. Experience in the areas of individual. group, and family counseling, outreach. community education and development, advocacy, and case management. Ability to work with a diverse cultural population. B.A. or B S. degree, (M.A. or M.S W. preferred) in social work, Zz psychology, or related field, experience may be substituted. 40 Hour DV training Bilingual preferred. The Data Entry Aide will maintain program statistics and records; including the shared database. Qualifications: High School graduate or equivalent. Bilingual (English/ Spanish) preferred. Should be computer literate and demonstrate good communication skills. Both positions include benefits: FICA, SUI, Insurance with Compensation, Pension, and Health Insurance. The sub -contract also includes operating costs for the program, including mileage (75 miles/month x $.585 x 12 months = $526); Office supplies ($40/month x 12 months = $480), Cell phone/pager ($50/month x 12 months = $600), and SBCS' Federally Approved indirect rate (12.9% of $33,370 = $4,305). The total sub -contract is $37,675. Subcontract with the County of San Diego for.5 FTE CWS Social Worker. The Social Worker will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. Qualifications: BA in social work from an accredited college or university, OR; BA from an accredited college or university with at least 24 semester units in the behavioral sciences, AND, 1 year of work experience or 2 semesters of supervised internship experience in a family or children's service agency performing duties of supervision, treatment or protective services to children. Benefits: FICA, Employment Comp Insurance: Unemployment, Health Insurance, and retirement. The total sub -contract is $51,780. Indirect costs of administrating the grant, calculated as 5% of the total Direct cost, _ $8,333. Part C: Equipment. None All funds are directly for operating staff and program costs, and do not include costs for any Program or Department Directors. The CEDV-SRP Team members wiil split their time between Objectives 1-11, spending the majority of their time on providing crisis intervention. follow-up services, and advocacy to clients. Each team member will dedicate .5F T E io the project. Z3 Proposal Appendix • Organizational Chart • Operational Agreements • Project Summary • Noncompetitive Bid Request • Out of State Travel Request • Other Funding Sources (OES-653) • Prior, Current, and Proposed OES Funding • Project Service Area Information I S,r1i9! ll)ffiCt StePa ;_iegalo lir Adolfo Unn is les Asst. C`-',e' 07:17c1r Van,e. Rod,•quez ' ,L'opoit Se's •ce.s. Manage. Dave Notewa,e IT A5S, NATIONAL CITY l'OLICE DEPARTMENT Adolfo Gonzales Police Cltief F.), V. 2007-2009 9 'ZirPCE; Se•gealy. P:nue, ry' Sergeant ll'eesces; Stlasen de 'vacant: ' r,Corpaals :s.cnusr Office Ass.sras• _ . • me A nalys" A^a.ys, :NEW, P.sp& Evld St.cessc.' ; Pro & Evid Sgeclal,s; ?art•Un'e Scee,alis' S:uocet W/,',/gr Ed Si- Is: CSS . _ i Officri•NIF- •RATT :Vccan:: Officer•JUDGE :Vacant; : 0 ffieci• 13srdei A 'bailee Vac.ult, : DEA :Tex:r 3; (Vacar, J . Seu gean' 2 Corpoeals ce Office:s • Seigean: C,rgela 4 C'ffCCI : Executive Ass:stant 11 :pc Leesus•Yancilla t— Ogc:atioss w Ass,sta Rout' Zeggces ..114c.L4L&S11 athe Chic' Tempotary Holding Fac,I: and it, cn.le Ce.ernes Fac,ley laInterfe_l i Tempc'aiy Use Permits 1 snet Si,el Eeen, 1 Fourdanon ' Reco,is Manage, ReSge Records Clerks Pcl.ce Records k te•np P.1 Ck:ks : Clivtl•ar.• Des'', ',NEW, 3 Sergeargs Corpoials 4 Pshce Officers . A rutr.al Coro! • I CSO . C.tftt c:•DC.SP, I Scrgean: Poke Officers I STOP Program ccnralnato, PSO 4 PEO parkn e-forcereent officet• 3 nine' . ACA Otr.Cc, •., Sgl E:oe• . Selgean" Poke Office:, PERT. STAR PAL. Neigh,soenocd Watch & Business Walchl DVRT RSVP II' Reserves Expletels 4 Sergeants 3 Caporals Poke Office..s I Sergeaut 'Srrc. nnhce D.spedcncr Dispatchels L>:sna'cr'el : 9,spatcher az.trt, Ran, So Sceasen •• CS, din.ln, L.SVI:CAs 2 Offizels MEMORANDUM OF AGREEMENT Parties This Memorandum of Agreement ("MOA") is made by and among the National City Police Department ("NCPD") and San Diego County Health & Human Services Agency, South Region, Child Welfare Services ("CWS"). The parties to this MOA may be referred to herein collectively as the "parties" or individually as a "party." Recitals The County Health & Human Services Agency provides health and human services related services to its clients. NCPD provides law enforcement related services to its clients. The parties receive funds for the provision of certain services to their respective clients. The parties desire to work together toward the mutual goal of providing maximum available assistance for crime victims residing in National City, California, by implementing the Children Exposed to Domestic Violence Specialized Response Program. THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Administration of MOA: Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its administrative representative by notifying the other party in writing of such change. Any such change will become effective upon the receipt of such notice by the other party to this MOA. Notice of the authorized representative should be sent to each party as follows County of San Diego Yolanda Valdez Assistant Deputy Director Health and Human Services Agency South Region 690 Oxford Street Chula Vista, Ca 91911 (619) 409-3294 Other Party Sgt. Mike Harlan National City Police Department 1200 National City Boulevard National City, Ca 91950 (619) 336-4423 C2_ (c, ) 1 2. Parties' Responsibilities 2.1 National City Police Department agrees to: • Act as lead administrative and fiscal agent for the project; • Promptly notify SBCS Advocates when officers are responding to a domestic violence incident with children present; • Participate in cross -training with SBCS, CWS, and the DA; • Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (bi-monthly in -person case conferences and quarterly MDT meetings), as well as protocol development; • Share data and information relative to this program for evaluation and measurement of services; • Sub -contract with the external evaluator to provide a comprehensive programmatic evaluation on the program. San Diego Health & Human Services Agency, South Region, Child Welfare Services will: • Provide immediate telephone assessment by CWS hotline workers; ▪ Provide an Immediate Response (IRS) Social Worker to provide immediate on -site response to domestic violence calls where children are present; • Coordinate with SBCS regarding the provision of necessary follow-up services for the adult victim and chiid(ren); • Participate in cross -training with NCPD, SBCS, and the DA; • Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (bi-monthly in -person case conferences and quarterly MDT meetings), as well as protocol developrent; • Except as otherwise required by law: keep confidential the data and information obtained from NCPD; • Facilitate data gathering and sharing for evaluation and measurement of services. 3. Indemnity 3.1. Claims Arising From Sole Acts or Ornissions of a Party: Each Party to this Agreement hereby agrees to defend and indemnify the other Parties to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other Parties, arising solely out of its own acts or omissions in the performance of this Agreement. At each Party's sole discretion, each Party rnay participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this Agreement. The Parties shall notify each other promptly cf any claim, action or proceeding and cooperate fully in the defense. 3.2. Claims Arising From Concurrent Acts or Omissions: The Parties hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases. Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provicied in paragraph 3.3 below. 2 3.3 Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 3.2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: Parties further agree that neither party may bind the other to a settlement agreement without the written consent of both Parties. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, Parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 4. Conformance With Rules And Regulations: NCPD and County shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. NCPD and County shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. Permits and Licenses: NCPD and County certify that they possess and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the other party, all approvals, permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The parties reserve the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. 6. Governing Law: This MOA shall be governed, interpreted. construed and enforced in accordance with the laws of the State of California. Third Party Beneficiaries Excluded: This MOA is intended solely for the benefit of the County and NCPD. Any benefit to any third party is incidental and does not confer on any third party to this MOA any rights whatsoever regarding the performance of this MOA. Any attempt to enforce provisions of this MOA by third parties is specifically prohibited. Amendments to MOA: Any party may propose amendments to this MOA by providing written notice of such amendments to the other party. This MOA rnay only he amended by a written amendment signed by each party's administrative. Severability: If any terms or provisions of this MOA or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOA, or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this MOA shall he valid and enforced to the maximum extent permitted by law. 10. Full Agreement: This MOA represents the full and entire agreement between the parties and supercedes any prior written or oral agreements that rnay have existed. 3 11. Scope of MOA: This MOA only applies to the program described herein and does not set forth any additional current or future obligations or agreements between the parties, except that the parties may by written amendment amend the scope of this MOA. 12. Term: This MOA shall become effective on the date all of the parties have signed this MOA and be in force until December 31, 2011. 13. Termination For Convenience. The County or NCPD may, by written notice stating the extent and effective date, terminate this MOA for convenience in whole or in part, at any time. 14. Counterparts: This MOA may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. We hereby approve this document, and represent that we have the authority to enter into this agreement on behalf of the entity herein County of San Diego National City Police Department Health and Human Services Agency / F- / / Nick Macchione, MS MPH FACIIE / Date Adolfo Gonzales Date Director Chief of Police 1..j'Pf(rlvfil AS TO FORS: AND j `CZAt i7v 4 (.)PI;RA-1'IONr11, A(;RE1',;!'IENT This Operational Agreement stands as evidence that the National City Police Department (NCPD___I and the Office of the I_)istrict Attorney of San Diego County intend to work together toward the mutual goal of - providing maximum available assistance for crime victims residing in National City, California. Both agencies believe that implementation of the Children l ;xposed to I )ornestic Violence Specialized Response Program, as described herein, will further this goal. To this end. each agency agrees to participate in the program_ if selected for funding, by coordinating/providing the following services: The National City Police Depalvucut will closely coordinate the following services with the Office of the District Attorney of San Diego Cotfntthroueh: National City Police Department agrees to: • Act as lead administrative and fiscal agent for the project: • Promptly notify S13(S Advocates when officers are responding to a domestic violence incident with children present, • Participate in cross -training witlr SB('S, (;WS, and the DA., • Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (hi -monthly in -person case conferences and quarterly MDT meetings), as well as protocol development; • Share data and information relative to services herein for evaluation and measurement of - services; • Sub -contract with the external evaluator to provide a comprehensive programmatic evaluation on the program. Office of the District Attorney of San i)icgo County will: • Facilitate tlae cooperation of the District Attorneys office. including Victim -Witness services, with the program; • Participate in cross -training with NCPI), ('\k/S, and SBCS: ■ Participate in quarterly MDT Meetings to ensure optimal project effectiveness and utilization of resources, and in bi-monthly in -person case when appropriate. • Participate in protocol development activities; ■ facilitate data gathering and sharing for evaluation and measurement of services hut will keep the information otherwise confidential. I►lciemniiv: NC'PI) shall not he liahle for, and i.);A shall defend and indemnify N('Pl) and the employees and ;.igcnts of WTI) (collectively "City Parties"), against ern), and all claims, demands, judgments, awards, fines, mechanics' liens or other liens, labor disputes. losses, damages. expenses, charges or costs of any kind or character. including attorneys' fees and court costs (hereinafter collectively referred to as "Claims") related to this MOA and arising either directly or indirectly from any act. error. omission or negligence of f )r\ or its contractors, licensees, agents, servants or emplo'ees. DA shall have no obligation, however. to defend or indemnify City Parties from a Claim if such (Taint was caused by the sole negligence or willful misconduct of City Parties We, the undersigned, as authorized representatives of the National City Police Department and Office of the District Attorney of San Uic'PL> (oinity, do hereby approve this document, and represent that we have the authority to enter into this agreement on behalf of the.entity herein. Adolfo Gonzales, (Lief For National (.'ity Police ()cnaitnicnt Date Bonnie l htnianis. District Attorney For San 1)icno (.Codify Date OPERATIONAL AGREEMENT This Operational Agreement stands as evidence that the National City Police Ieartment (NCPD) and South Ray Community Services (SI 3CS) intend to work together toward the mutual goal of providing maximum available assistance for crime victims residing in National City, California. Both agencies believe that implementation of the ('hildren Exposed to Domestic Violence Specialized Response Program, as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for funding, by coordinating/providing the following services: The National City Police Department will closely coordinate the following services with South Bay Community Services through: • SI (;S Project staff being readily av,tilahIc to National (pity Police Department for service provision. • Regularly scheduled hi -monthly case meetings and quarterly Multi -Disciplinary Team meetings to discuss strategies, time tables; and iniplenlentation of mandated services. .Speci/icnlly. National City Police Department agrees to: • Act as Icad administrative and fiscal agent for the project: • Promptly notify SI3('S Advocates when officers arc responding to a domestic violence incident with children present: • Participate in cross -training with SB('S, C\VS, and the I)iA: ■ Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (ba monthly in -person case conferences and quarterly MI)1f meetings), as well as protocol development., Share data and information relative to services provided herein for evaluation and measurement of services: Sub -contract with the external et, aluator to provide a cOl?lprehenslve programmatic evaluation on the I)rogranl. South 1iay (.'omnlunity Services will: • Provide 24,'7 Advocate(s) to respond to calls from NCP1) :officers to provide immediate on -site response to DV calls where children are present, • Not ify the ('\VS hotline when responding to 1)V calls where children are present: • Provide and coordinate a continuum of follow-up services to the adult victim and children identified by the project which may include. crisis intervention. assessment, case management, individual group and family counseling, confidential shelter or transition housing, and a temporary restraining order clinic. Participate in cross• training with N('1'I). ( VvS, and the 1)A: facilitate joint meetings to ensure optimal project effectiveness and utilization of resources (bi- monthly in -person case conferences and quarterly MDT meetings), as well as protocol developrllent • �'_lClht�ltr rl;ti:t g,itticil;lrrrlu for ev,tiil ttiolll tiW2<1St!I-:'tm'rlt ('( sci vices. Indemnity: NCPD shall not he liable for. and S1(('S shall defend and indemnify NCPI) and the employees and agents ofN(:PI) (collectively "City Parties"). against ,lnv and all claims. demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively retrred to as "Claims")_ related to this MOA and arising either directly or indirectly from any act, error, omission or negligence of S1. ('S or its contractors, licensees, agents. servants or 3/ employees. S1WS shall have no ohliption, however, to defend or indemnify City Parties from a ('lairs it such Claim was caused by the sole neldnience or willful misconduct of('ity Parties. We, the undersigned, as authorized representatives of the National ()ty Police Department and South Ray Community Services, do hereby approve this document, and represent that we have the authority to enter into this agreement on behalf of the entity herein. <,12- tZ/ZYW A Adolfo Gonzales. Chief / athrI.emho, Executive Director For National City Police Der rtment-- - For South Bay Community Services - 1)ate — - e Date �� 1/' —.. C3 2� PROJECT SUMMARY GRANT AWARD NO. 2. PROJECT TITLE 4. APPLICANT Children Exposed to DV Specialized RT Name' National City Police Dept Phone (619) 336-4423 Address 1200 National City Blvd Fax # (619) 336-4525 City National City _zip 91950 6. IMPLEMENTING AGENCY I3. GRANT PERIOD 1/1/09 to 12/31/09 5. GRANT AMOUNT (this is the same amount as 10G of the Grant Award Face Sheet) $175,000 Name: National City Police Dept Phone: (619) 336-4423 Fax #: (619) 336-4525 Address: 1200 National City Blvd City. National City Zip 91950 7. PROGRAM DESCRIPTION The CEDV-SRP will be a new component of the existing Domestic Violence response team (DVRT). The DVRT will be expanded to include an additional .5FTE DV Advocate, a .5FTE CWS Social Worker, and a .5FTE Police Officer who will join the DVRT to address the immediate and longer -term needs of any child who has been exposed to DV. Team members will also participate in cross -training, protocol development, -tata sharing, case consultation, MDT meetings, and program coordination. As a result of contact with any '441.0..• the partners of the Collaborative, child and adult victims of domestic violence will gain automatic access to a wide array of services, supports, and resources that will help them rebuild self-sufficient, non-violent lives for themselves and their children. 8. PROBLEM STATEMENT Child witnesses to domestic violence experience serious trauma which, without intervention, can result in physical, emotional, and developmental delays and injuries. The project will take place in National City, located in the southwestern portion of San Diego County with a population of 63,537 (59% Hispanic, 17% Asian & PI, 15% White, 6% African -American, arid 3% Other). Situated very close to the Mexican border: National City's domestic violence rate of 23 per 1,000 households is the third highest in the county. and the city suffers from high rates of violent crime, unemployment, family poverty, and substance abuse. . OBJECTIVES Ensure the CEDV-SRP Team receive specialized DV training in their own discipline and each other's roles; Develop a CEDV-SRP protocol, Develop a comprehensive computerized database; Provide immediate on site response to 66 DV calls where children are present; Attempt to provide follow-up with 66 DV adult victims and their children; Conduct 24 in person case conferences; Facilitate 6 MDT meetings. Complete a comprehensive programmatic evaluation. CI) ) Project Summary - OES 227 (Revised 1/2/2007) 10. ACTIVITIES °rovide staff training and cross -training. 2view existing DVRT protocol to incorporate recommended child -related issues. Provide immediate on -site response and follow-up services to all DV calls where children are present. Conduct 24 in person case conferences. Facilitate 6 MDT meetings. Undergo competitive bid process to select evaluator, and complete a comprehensive programmatic evaluation. 11. EVALUATION (if applicable) NCPD will undergo competitive bid process to select an Eva►uator, who will complete a comprehensive programmatic evaluation. The evaluation will measure the impact the program has on reducing trauma to children exposed to domestic violence and increasing their safety. 12. NUMBER OF CLIENTS (if applicable) 66 DV cases where children are present 13. PROJECT BUDGET (these are the same amounts as on Budget Pages) Totals: Personal Services Operating Expenses Equipment TOTAL 59,712 115,288 0 175,000 59,712 Projeci Summary - OES 227 (Revised 1/2/2007) 115,288 0 175,000 ..ONCOMPETITIVE BID REQUESsi CHECKLIST Has the applicant/recipient met the following requirements of the Recipient Handbook: Check appropriate box: Yes No Section 3511 Do conditions exist that require a sole/single-source contract? Section 3521.1 Is a brief description of the program or project included? Section 3521.2 Was it necessary to contract noncompetitively? Did the contractor submit his/her qualifications? Is the reasonableness of the cost justified? Were cost comparisons made with differences noted for similar services? Is a justification provided regarding the need for contract? Section 3521.3 Is an explanation provided for the uniqueness of the contract? Section 3521.4 Are there time constraints impacting the project? Were comparisons made to identify the time required for another contractor to reach the same level of competence? (3) NonCompetitive Bid Request Checklist (Revised 7/1/2006) Reset Form f Print Form Grant Award #: GOVERNOR'S OFFICE OF EMERGENCY SERVICES OUT-OF-STATE TRAVEL REQUEST OES 700 RECIPIENT Agency: National City Police Department Project Director Sgt. Mike Harlan Address: 1200 National City Blvd City: National City Phone # (619) 336-4423 Zip: 91950 ATTENDEE(S) Name: Title Name: Title N/A Phone # Phone #. TRIP DETAILS Trip Date (Month/Day(s)/Year] N/A Destination (City/State) N/A Description (Meeting/Conference/Other) N/A - no out of state trips are planned. Justification (indicate the need for the trip and the benefits to the State. Use additional pages if necessary. Attach brochure if available ) Recipient must attach Cost Worksheet to the Out -of -State Travel Request. FOR OES USE ONLY Recommendation Approve Disapprove L ] [11 Program Specialist Section Chief Out of State Travel Request - OES /00 (1/1/2007) Date Date OTHER FUNDING SOURCES Complete this form to report the total funds available to support the activities related to accomplishing the goals and objectives of the Grant Award Agreement. In the "Grant Funds" column, report the OES funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category and then calculate the totals by category in the "Program Total" column. Total each column to arrive at the total program funds available. OTHER FUNDING SOURCES BUDGET CATEGORY GRANT FUNDS (Use only the grant poufs identified in the preceding budget pages.) Personal Services 59,712 Operating Expenses 115,288 Equipment 0 OES 653 TOTAL 175,000 0 0 OTHER FUNDS This form does not become part of the grant award. C )) PROGRAM TOTAL 59,712 115,288 0 175,000 Other Funding Sources - OES 653 (Revised 7/1/2006) PRIOR, CURRENT AND PROPOSED OES FUNDING List all currently funded OES projects and all OES grants awarded to the applicant during the last five fiscal years. Include the fiscal year of operation, the grant number and the amount of OES funding. For current and proposed grants that include positions funded by more than one OES grant, list these personnel by title and the percentage of the position funded by OES. The percentage of funding must not exceed 100 percent for any one individual. Example FISCAL GRANT GRANT PERSONNEL PERCENTAGE YEAR NUMBER AMOUNT BY TITLE PAID BY OES 2005-06 DC05160010 $50,000 Project Director 2005-06 CE05089504 $67,000 Project Director 2005-06 MS05040550 $68,000 Project Director 25% 25% 50% PRIOR, CURRENT AND PROPOSED OES FUNDING FISCAL YEAR GRANT NUMBER GRANT AMOUNT PERSONNEL BY TITLE % OES FUNDING 2001-02 2002-133 2003-167 2004-045 $25,138 N/A N/A 2002-03 $233,105 NIA NiA N/A 2003-04 $196,369 N/A N/A 2004-05 2005-15 $170,905 N/A 2005-06 2006-0071 2007-0008 $110,839 $53,876 N/A N/A N/A N/A 2006-07 --.- — — — — — Prior, Current and Proposed OES Funding (Revised 7/1i2006) PROJECT SERVICE AREA INFORMATION COUNTY OR COUNTIES SERVED: Enter the name(s) of the county or counties served by the project. Put an asterisk where the project's principal office is located. San Diego County U.S. CONGRESSIONAL DISTRICT(S): Enter the number(s) of the U S. Congressional District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. 51 STATE ASSEMBLY DISTRICT(S): Enter the number(s) of the State Assembly District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. 79 STATE SENATE DISTRICT(S): Enter the number(s) of the State Senate District(s) that the project serves. Put an asterisk for the district where the project's principal office is located 40 5. POPULATION OF SERVICE AREA: Eater the total population of the area served by the project 63,537 0 Project Service Area Information (Revised 7/1/2006) Nim 1/ ()'.) ()i 33p p 1 1;11F AT e ;N..% _ _ - Facsimile Transmittal ( / t CALIFORNI A FAIFRGENC•Y :NIANAGENIFNT A(;ENCY (( F1i11A) Victim S(.1.vict.::; Hrancli 1130 K StreA, Suirc 3I)f) !•.,:icrartictitc.), California ()51,1 hap //www Ocs ca oov TO: Name: 1--/7.1,r- Age"3": N(#7.6Y1d., i-y P(.)11 tt: Verify 4: &ig •qC tic) FROM: Name: Aguncv: FAN Y: one it: LCi I I Eillere11" Management Agency, \'l( -1;10. BRAINcli (916) 32,1-855,1 j'iS LI/ q/(2 3dLI— 73O7 “I"NlENTs 1) Lea .c-r 0617i-1-a ( mi2 c/4-1 t__( O'lee---1--( fzi K Luiee -haw 17_c L_ez(rc Cc/O) NUT NUMBER OF PAGES RANSMITTE . ( ) DATE: (hicholing cotter sIftet) Mar 17 C9 03 33p S IAIE OF CAI trOk":tip p2 AKlvlil,l)' 11`'+AK/ V..:'41;t,lJt;K, l,Vvt'.K3JVK LAW ENI:()P.(TEMEN AND V'ICilh1E.SI)Iv'ISI(iN (;()Vf:RNr)R'S (.)11'J(. is (:)F i=;vfER(.;F:NCl' .Sf-K v !( 1Yst Pp,Arc ti -.tA1F1t.R.(:A1Il-ORNIA 1::LEP1101v'17. (916) )-AN 016; 32: 85':: Mike Harlan Sergeant National City, (pity of 1200 National City Boulevard National Pity, CA 91950 Dear Sergeant Harlan SUBJECT: December 23, 200h NOTIFICATION OF APPLICA"110N APPROVAL. Children Exposed to llornestic Violence Response Prograrn (200800522) Award EVOS Ol 8608 OLS EIY1: 073-50398 Congratulations! The Governor's Office of Erncrgeticy Services ((.) S) has approved your application in the amount of S175,000, subject to Budget approval. A copy of your approved subgrarit is enclosed for your records. OES will make every effort to process payment requests; within 60 days of receipt. This subgrani is subject io the OES Recipient iiaudhoul<. You are encouraged to read and familiarize yourself with the OILS Recipient i fandh&iok, which can be viewed on Ol:S's website at www.OHS.ca.gov Any funds received in excess of current needs, approved amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 days upon receipt of an invoice from OES. Shr'u1<+ y(,,. 1:..:e cl:..st:oris c: `Jetrr sLh ;ar ;Jig..., :tact 0111 Pr ;rare Specialist. I.EVS Grant Processing Enclosure c: Recipient's file C (l E S I/ORMIA 0411k* (Perna t rnfR of Mar 1 / 09 03 33p I1 3 fI V OE S (c)4 0 . 3— .7 0,3`1 AV/aid ff foroo GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION GRANT AWARD FACE SHEET (OES A301) hC (:overrlo•'a. C;1`ii r•.rl f nit (),, r er,�r��;, hert,aiter design;tfEr1 (ff_`; `rr-,r. fry mikes.. ;ite• ihet k,tina::utet 1. Grant Recipient `!atic• ill ':r;v F eii e-f4-,.rrtrr,r.rn hE:'E <it:er (a.'S C)rllitf ' ker.:p0,• r:; in :he arnmurii and for the purpose: art' :1ura is n set frnrth Ir Inn; r,rart tnv;:re 2. Implementing Agency: National City Police Departrnent 3. Project Title: Children Exposed to Domestic Violence SR 4. Grant Period: 01101!2009 to 12/31/2009 'Select the Grant year and fund sources) trcrn the lists below or type the appropriate acronym in box 9. Enter the cunount(s) from each source. Please do not enter both State and Federal fund sources on the sarne line Add any cash match(s) and enter total in Block 10G. I Grant • D Cash E. In -Kind Fund Source i A. State F3. Federal C Total Year 08/09 Select 6 Fed Prgrns Select 1 Fed F'rgms SCIeCI 8 Slate Prgrn;; Si'lect 9 L - to TOTALS Tf;.000 Match t - _ Ga and IoUI 175000 I 175000 Match F- Total Match G. Total --- Project Cost 175000 11. This grant award consists of Ih.r, tetle page, the application for the grant, which is attached and made a part hereof. and the Assurance of Compliance forms which acre being -:ubnutted. I hereby certify 1 am vested with the .authority, and have the approval of the City!County Financial Officer, City Manager. County Administrator, or Governing Board Chair, to enter into this grant award agreement; and all funds received pursuant to this agreement will be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute(s), the OES Proyrarn Guidelines. the OES Recipient Handbook, the Federal OJP Financial Guide and Program Guidelines (if applicable), and the OES audit requirernents, as stated in the applicable RFP or RFA. The grant recipient further agrees to all legal conditions and terms incorporated by reference in the. appticobta :1FP or RFA and agrees that the allocation of funds is contingent on the enactment of the State Budget. 12. Official Authorized to Sign for Applicant/Grant Recipient: Name Ivtanucl Rocriyuez F-'ayrner;t h9cvhny Add-ess 12(J0 National City Blvd i elephone 619 :336-4512 !3lr 3 Code) Signature Federal Employer ID Number: 9560007 49 Title. Assistant Chief of Police City. National City — Lip 91950 FAX 619 336-4525 k::rnal mrodnguezrc-)natiorialoityca.nov . _.. (area code) _._ .__... Date: [FOR OES USE ONLY) _ _ --.__s __ -. -_�._ _ _-• __...� f hereby certify upon my own oer ;oral knowledge that budgeted funds are avadablr' lcr the period and purposes of this expenditure slated above ii)0/t fa,4,4-• - 0E.S Fiscal Officer r 4 Date ()ES Director (or designee) Dale ill On n s Z008 11 SFY: 2008/09 Chapter- 268 PCA No.: 02998 Item: 0690-102-0890 Fed. Cat. #:93.643 Component: 5(I-20-902 Prograrn Children Exposed to H imestic Violence Spedolized Response Fund Federal Trust Match Req.: NIA Project No: 08CJA1 Arnount: $ V 15 J coo Grant Award Face Sheet - ACA=S 101 - (Revised 7; 1/2008) c/ Noiry Mar 1/ 09 03 34p p PROJECT CONTACT INFORNTA Applicant City (..;h1ritf‘,.!uhit•,er OM( *1 f CYJICik.! thc name title, idres: teteohurie Jriri hddr Ihe (}roil .()fitach.; ridroed beiov; If a section does not apply to your project, enter "NIA." NOEL: If you use a PO E3ox adriress, a street address is also required for package delivery and site visit purposes f he Project Director for the project 0 W I Co0'3" f\l.arrie. SC Mje triariah Aices. 00 ;',/.3tiorial City Boulevard Title: Sergeiml Nat;ori;I City_ Lip'. 91950 Telephone tt (519)336 1423._ ax U.',.1.(.9 336-1525 or" (Go.,,) E Mail Addre->s 2 The Financial Officer for the prc.)jeCt Name: mar fuel f?cdr_igyer Addr esS. 1700 National Ctly Boulevard AssistantPok,e Chief City. National City L•p: 91950 Telephone 4: (619).336-4512 3X4 (.619) 336-4525 to(10) F -Mail Address: riroti:iyierfif,nationaicityc.a gov. 3. The person having routine. Drosirammatic responsibility for the prolect: Name title Telephone Tvlike/1arlah serueant (619) 336-.4423 (Rico Cr1:,,) Arldres:., 1200 Natiorial(.;ity 3oul•F;vard City National City tip 9,950 Fax 4 (6.19).336-1`.375_ Addfess: rTihar:,:ifirQrkit:onalciZyca gov 4. 1he person ri;rivin9 routine fiscal responsibility for the orejecl Name: ritle• Telephone gs Me1Podricirez Assista,11Pofir.:e Chief (619) 336-4`..,1.2 E Mail Address inrodryjuezi-oThationalcitIca goy Address 1200 NationalCity E-3ou:evard___ City N:itiona1 City I• 91950.. fax I (619).336-4525 (A,PIjIJ 5. The Executive Director of a nonprofit organizaZihri or the Chief Executive Office.i.(e chief of police. superintendent of schools) of the irnplementiog agency Name: Adolfo Gonzalez Asdcires;• 1200 National City E3oulevard .___ ._.. . .....___ __ _ Title: Chief of Police City National City . _ 7ip: 91950 Telephone it: (6.1.9) 336-4.5.1/ Fax 4: ax (619)336-4525 ori,Cooej - (Area curie) F-Maii Addres,..; ;-3_gprizales(d)nationalcqc.rjpv 6 The Chair of the governing boily of the implementing agency. (Provide con!act information other than that of the implementing agency) Name: rck LA i CiAAVA6r) Address 1243 National City Boulevard _ Title: city Madger - n f.:ify f\tatioral City Lp• 91950 _ .. Telephone tt- (E;19)336-4240 F ax ft. (619) 3:36-4525 (Afea Code) (Area code) eclit- 42,__,AN5-icl^ F-Wil Address ._4-p_o-__1-,.-V„)riationalcity.c,.<1.9dv. F'roject Contact lotoom.2t)ori (Hevr,e(1//1/20(16) Mar 1 i (Y) 01; :s .:l p (;r_:nt Recipient: Implementing Agency• SIGNATURE AUTIIORIZATION C�r;arlt Avrarc r; Nations —if City Police Department National City Police Department v0g01 (iQ0? • the Project Director and Financial Officer .ire f?EQU(RED to sign this form 'Project Director: S Sicnalurc Date September 22, 2008 • Financial Officer: AlChief t•.1r Signr-iture Date: c0 -Rodriguez 1 he following persons are atith<,riz(;c1 to slyn for the The followirc parsons are authorized to sign for the Project Director Signature r�fia N i iir IC; Signature Name Signature Narne — Signature Narne SignaturF? Narne Signature Authorization (11115(2006) Financial Officer Signature r i;<3 Name Signature Name Signature Narne Signature Nacne Signer titre Narne (vy) Mnr 17 09 03 35p [)0 O3 het Forur Phut Fora CERTIFICATION OF ASSURANCE OF COMPI,LANCE Children's Justice Act Grant Programs f'C'.ri'.by t;I rtity t!tat (r,t`icial Juthorl eJ to sirs' Tart =w-rid �:rnr) t)=:1•. ,r ` -e( 1,nr• 1 a Ur. e;r,r•)( iiw.)r 1 t [ie.P ,, hr: [•'. RE-.CIP1ENT . Nrrtrc riol City Police Dcp;:rtrner't IMPLEME- NTINC; AGENCY PROJECT II1LE N1rhonal City Police Departrnert Children t.-x;,osed ,0 Lkxnestic OeCi;V'r rr<t Fic;s:)n:)srt l'rol:tca is responsible for reviewing the Grant Recrprent I-knnhook and rrdherincj to all of the Grant Award Agreement requirements (state and,'or federal) as directed by OES including, but not limited to, ttre follovirng areas. 1_ Equal Employment Opportunity — (Recipient Handbook Section 2151) It is the public policy of the State of Cal/forma to promote ritual employment opportunity fly prohibiting discrimination or harassment in employment because of race religious creed, color, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genet c characteristics), manta) status, sex, sexual orientation, denial of family medical care leave, denial of pregnancy disability leave, or age (over 40). OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity nondiscrimination and cavil rights. r'Iu:;sit provide Thu fe)lloveint) inforril iti0n r_g11<'il F nlployriwrit Ul)horitrrnty Officer .ry `I(2vr�n;r,n Title. Address Phone Email: Human Kesources director 140 Fast 121h Street, Suite A, National C,ty, CA 91950 (619) 336-4308 sstevensor gontionatcityca goy tl. Drug -tree Workplace Act of 1990 — ( Recipient Handbook, Section 2152) The State of California requires that every person or organization awarded 3 grant or contract shall certify it wit provide a drug -free workplace. Ill. California Environmental Quality Act (CEQA) — (Recipient Handbook, Section 2153) 1 he Catifornra Envirorimental Quality Act (CF.QA) (Public Kesources Code, Section 21000 et seq.) requires all OFS funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or County plann-nq agency to ensure that `hit project i5 cornpliance `v,th CEAQ requirements Cerlificzt on of Assurance of Compliance -- CJA, 0E3 656 (Revised 111,2005) 2 Mar 17 (.) 03 p7 IV. Lobbying (2005 Recipient Handbook Section 2154) C.)ESyr.3rt fu: rc;5 r;rant ftruperty, or yr nt funded pos:kons shall no,, be „s•_•rf for any ic;bbyirx, <tc t+vit es. including, taut not I:mited to, being paid by or On behalf of the uric;ersrgru6. ;c1 any person for influencing Ing or attempting to influence an officer or employee of any agency. ct ;,tc:rnber of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with the slaking of any federal grant ;he entering into of any cooperatives agreement. and the extension continuation, renewai, arnendrnr:n', r r Modification of any federal grant or cooperative actreernent Debarment end Suspension, - (Recipient Handbook Section 2155) !This apr,hes to ii (ter-3fry funded prints only ) OES-funded projects must certify that it and its principals are not presently debarred. suspended. proposed for debarment, declared ineligible, sentenced to a denial of fe,c eral benefits by a state ar f derat court, or volun;;3rrly excluded from covered transactions by any federal department Of agency. VL Proof of Authority from City Council/Governing Board The above -Warned organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization frorn the city council/governing board in support of this prograr, 'The applicant agrees to provide all snatching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OES, and that any cash snatch vvill be appropnatc d as required It is agreed that any liability arising out of the performance of this Grant /'ward Ac.lreernent. including Civil court actions for damages, shall be the responsibility of the grant recipient and they authorizing agency the State of California and OES disclaim responsibility of any such liability f ur.herrnore, it is also agreed that grant funds received from Of_S shall not be r:5c?d to supplant `44010 experdetures con(rullod by the city council/governing hoard. The aft irant r, rn'luued to obtain written authorization from the arty currru;il%guvernrnq board that the official executing this agreement is, in fact, authorized to do so The applicant is also required to maintain sr::ul wnttr`ri authorization on file and readily available upon dernand. Vll. Special Conditions for Grand Awards with Children's Justice Act Fund Federal grant tunas shalt not he used to support rnherently religious activities such as religious instruction:, worship, or proselytization. Therefore, organizations must take steps to separate, in lime or location,' their inherently religious activities from the services funded under this program Regulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the HHS website ats h f hJiww,, o s dhn; ov.'fhci;wai5 a:e2t.icf. Federal grant funds provided under this award may not be used by the recipient to support lobbying activities in influence proposed or pending Federal or State legislation or appropriations. This prohibition is related to the use of Federal grant funds and is not intended to affect an individual's right or that of any organization, to petition Congress or any other level of Government, through the use of other resources. (See 45 CFR Part 93 ) ti� Certification of As suranc.e of (;ur::,i ante - CJA. Of-.;-; 656 (Reviser; 1/1/2008) Mar 17 09 03 35p p 8 In aocor(1,mce oiTh 103 333 , nr t3r1Irct C.f 1.k.-Jdtb and [finnan F)ervicc.s. and Education, and Related Agencies Approorit.ons AC' 1YY)- f DHOW :-1() provisions fire applicable to this grant awLiro. Section 10/ JTJn,e ot Arrierican-Madc.' Er;L:sproen! and Prodts It is the erise of the Congress tliz---)1, to tfic2 r;reaIes! f?.x!.(?rd oractic,--ible, all equipment and products purchased with funds made available in this Act should Pe Americanunade In accordance with Part C of Public Law 103 221, he Pro-Chiliten Ant ot 1994," smokino may not be permitted in any [Donlon of any indoor facilly owned or regularly used for the provision of health, day are, education. or library services to children under the age of 18. if the services are funded by Federal programs wither directly or through State or local governments f-ederal programs include grants, cooperative agreements, loans arid loan guarantees, and con:racts The does not apply to children's services provided in private residEncs, facilities funded softly by Medicare or Medicaid funds, and portions or facilities arid used for inpatic-nt drug and alcohol tr(atment. C ) Cercific,ation of Assurance of Corrioliancr -- CiA OFS 656 (Revised 1/1/7008) 4 Mar 1 / f)g 03 3/4, p All appropriate documentation must he maintained on file by the project and available for OES or public scrutiny upon request. Farlurc to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both artd the Recipient may be ineligible for award of any future grants if the OES determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CER FIFICATION i, the officrrtl named below. the s.:rr:r, individual :ntthori2e>c ".o sign the Grant Award Agreement ;ec,tion 12 (in Grant Award taco Sheet]. Hid hereby swear that ! +rn dulithori erf legally to bind toe contractCr or grant recipient to the above described certification I ;rn fully aware that this certification. executed on the data and in the coi:nty below, is made tinder penalty of perjury under • the lays of the State of t;a!ifornia Authorized Official's Signature: Authortzc:d Official's Narne Authorized Official's Title Date Cxecuteci. f eceral Employer ID Nurnber g560130/49 f_ xecutecf :in the Lily/Goodly of M .'ura Rodrigo Assistant Chief of Politer V—z1 ef- Nate ntal City / pan Diego 7 AUT HOFZIZED BY: (not opplicaihle to State agencies) • City/County Financial Officer or • City/County Manager or • Governing Bo; r it Signature Name: Title: G4-ttafrta- -7>ioE P4 )L9rOnl ACT146- City Manager, Natrona' (;rty `3 23 08 Cv 6-) Certificzt,on of Assurance Dr Con-i ' ance - CJA. Of 5 656 (Revised 1/1/2008i Pillar 1 / 09 03 36p p10 I3I1DGF: r t :1 I F.GORY AND I.I"41 II -FM DE.TAI1. . Personal Services - Salaries/Ernployee Benefits TOTAL COST 1 FTE Police Officer 50% Participate in the CEVO SRP ;earn and respond ter;na to DV calls where children are present and participate i . c:rocs training, protocol deveioprnent, data sna'irg. and program cnurJinaton SALARIES 1 FTE Police Officer `r1) 50% ($ 74,604 x 50%) Meciicate 1.45"/„ $541 Uniform Allowance @ 50'iA o; Si&:) S350 L ID Insurance L 50%, of $234 5117 Insurance IA//Compensation I) 9 /3°4 $3.630 I ite F.C)/C) Insurance $53 l'ers 37.806%, $14,102 Health Insurance $3,617 TO1AL FRINGE $72,410 c- I'>'i ItS()NAL RYFAL 37,302 22;410 $59,712 OE S A303C: Pillar 1 / 00 03.3r;1: HlUI/CP.1't A'FEGORY AND LINE ITF:h1 DETAIL B. Operating Expenses Consultant File{ valuator will conduct a comprehensive Frogramatic evaluation including identifying appropriate evaluation rnelhods rind tools. gathering arid analizy:rig data. any reporting evaluation results Sub -Contract- South Bay Community Services Provide .5 FT Advocates to do fotfowup response to NCPD Domestic Violence calls and 25 I-TE Data entry/Program Aide Participate in the CEVD-SRP team and respond team to DV calk wheit' children are present, and participate in cross -training, protocol rievelopment, data sharing, and program coordination Hreakdown sub -contractors cost: f'ersurr 'f Services S F I E. Aclvoc:a;e e S I8.50Rrr x 12 mtns x 50% - 5 19,240 2b F 1E_ Data Entry (c. S 1 2 50/hr x 12 rnths x 25%- 5 6,500 Sub Total Salarlet S 2 ;,740 F Ica @ 7 55% $ 1.969 Sur P 1 759% of first $7,000 in earnings = S 14 / Insurance Workers Compensation L 2 70% 5 b95 Pens,,on S107 x 12 months x .75 'r T6 5 c363 sleds., Insurance �19 $250/mth x 12 x 75 1 TF S 2 2E>0 Total Salaries 8 Benefit $ 31,76-4~ Opc:rrrbnq Lxpensc Mileage @ I5 mdes/rnth x $ 585 x 1 star 5 526 nlhcr> Supplies p $40imontt S 480 ;ornur,it awn:: i $50i nth x 12inth, 600 Iota! Non 1'ersonne 5 1.600 Total Direct Cost 5 33.370 nJirn._.t (:0s; r ea1c-,a1 Approved Ind r ct Flat: of 12.9'1 rotas Sub -Contract Arnounr 4305 37,675 Sub -Contract- County Of San Diego Provide .5 1 I- Social Workers to participate in the C1-VLJ-SRP learn and respond team to DV calls where children are present, and participate in cross -training, protocol development, date sharing, and program coordination Breakdown sub -contractors cost: Personnel Services 5 F T E Senior Social Worker @ $65.960 x 50% 5 32.980 ['Ica @ 7.65% 5 2,523 Employment Comp Insurance Cc? 3% = 5 �i89 Unemployment 25% Fixet 5 82 Health Insurancx @ 9 90% S 3,265 Retirement @ 36 203`,4 $ 11,940 Total Sub -Contract Amount $ 51,780 j Indirect Cost Calculated @, 5% of total Direct Cost ($59,712+$17,500+$37,675+$51,780 = $166,667 x 5% 10 T1 cos'. $1 7,500 $37,675 $51,780 S3,333 Nare OPERATING TOTAL $115,288 ()FS A303c Mar 17 00 03•37p p 1? 1311DGET (;ATE(:ORY ANI) LINE. l'IF,Ai I)F. C. Equipment FAII, TOTAL COST Sc. EQU1PI11EN"I "TOTAL 5O ;:::;:�:�i �:•:r ::$:::::*:•;•:•:•::•:•:•:• •:•: � :•J:• •••••••••J•�:.•.C•:•:•�•�•::' .;• A JJ.hh. S1. v-••••r*:.;:3 r.v::•:::':::•::•:•:•: 24:•:: ::•;21; i❖'•' �•• :•: • • • • 4:;::::•:J••••:: ••:•f •::•:Or❖::::•!.':•:•:•::•::•::: a' i•:�:�::; •,. •❖.••,.. r o 6 • ,•• .. • • • ••. • ••:;�••SSSSS� � 5��i O•'•••:' �JJ�. ��4••••�.�. •��; P S• :•: •• •.•✓ i . •� � • ... •�A:O�' :•::•' •:•: �:P :' :hhh.hhhh • �hhhh 1t VJ.h. V.6 M.f.V1: 4A4V 4•:.. �...4.�:•:�.h h 6hV�. h .E J•.•:.�• Total Project Cost* $ - 175,000 ' Saute as Block IOC; on the Grant Award Face Sheel s-7) GES A303c rN LEVS Budget Summary Report EVO8 Children Exposed to Domestic Violence Response Program National City, City of Chi,Jren Exposed to CcrostIc Vio:ence Award #: EVO8 01 8608 Award Period: C1/01/09 - 12/31/09 Latest Request: , Not Firai 201 A. Personal Services - Salaries/Employee Benefits c/S!l. ; undinq Source 7 Total A. Personal Services - Salaries/Employee Benefits: B. Operating Expenses FrS/L Funding Source f- 08C,iA Total B. Operating Expenses. Buacet Arr.oLn' Paid/Expended 59,712 0 59,712 Budget Amount Paid/Expended Balarco 5.288 0 115.288 115,288 0 115,288 C. Equipment F/S:L Funding Source Budge; Amount 08C,A'. 0 Total C. Equipment: 0 Paid/Expended 0 Pending P na,r ; 6ulance 0 59, 712 Pending 0 her^ e. U,'nrco .288 115,288 Balance Pending Perc7 ig Balance 0 0 0 0 0 Total Local Match: Total Funded: Total Project Cost: Budget Amount Paid/Expended Balance Pundinq Pending Balance 0 0 0 0 175,000 0 175,000 0 175,000 175,000 0 175,000 0 175,000 t1/f: 4:o 1 L 'Eb11 F/S/L ding Types): F=Federal, S=State, L=Local Match Paid/E .ended=posted in ledger w/Claim Schedule, Pending=Proce _d, but not yet in Claim Schedule 1( 3/08 Mar 1/ (19 (13:3S-3c) p 14 sqlftwei if ker.,:-).ent Irno!errientinci Aiwr)( y SIGNATURE AUTHORIZATION f\LAK.iii<1 C.; ty 1)51[Lc-: (.7_irtr 'The Project Director inJ Fiwiricial Officer ;nu REQUIRFD ;i(in this form 'Project Director: „ • Sign1i:re: September 22, ."4..00 'Financial Officer. AI(IIetN;r4je! Rodri9oez • - "":. j 0 /i The foHowing oerson•::: are ..-11;thorizfri to tiy. following rc si- rc0,...itnorr7eri to slot] for tle Project Director Financial Officer Sigratirrc nla Name ir s,gnafcf(' I fp, ); . . . . Signature Jame Signature ':)ignalllf Er! NJi3tne iCrtatUfe Name Cs- S coature Auitiorizotion ;i2c0: or-ltun! tJi K,r 1/ 09 C,:or, p 1`.) DATE: TO FROM Cornmonity Contact I: nterprise Zone Program SUBJECT PREFFRFNCF POINTS rrrrc boy) PREFERENCE POINTS CERTIFICATION (%A; (hiS f'rl telrh !1 r)fl( fl HO( 1;1-01irli'tl r)!. 11::' / t chl c:5Y,",,('1 [•'1)1 eint)C I 19 , •':1O [_1 1� (5 %) (2%) COVE.RNOR'S OFFICE OF EMFRGFNCY LP.0/ ENFOh(.:[ _ l.N.1 AND VICTIM SF.f?VICE*S 1)!VJ•:>I()N The: applicant ;tamed below has targeted this ent!>rprise zone for grant -related activities The applicant named below has not specifically targeted this enterprise zone for grant -related activities. f lowever, the applicant provides needed services to residents of this community FJarnc National City Police De �trtrnront (, pp/rarrO N: n;e Chrldrer Exposed to Domestic Violence SRP (Pio/ect) Ar1drnss 1200 National (;lty Blvd, national City, CA 91950 If 'fry pout) I certify that I have revrevnrc,d thce proposed project and that it 'ru-2ets the eligibility rr•cturrements fo' preterence• ; cants as required by Craifornlr (:;0Verrrrncnt Corr; /;ecticrt 71182 :, ir,1ix, .1r. prtri:Il f;rrr"anap, ypect N.,rne nt Frrte(pnne. 7orle Contact '.111e /' Sep t:n;her l'), "LUO;t igrlature c)I FnterpJir,e lone Contact Bale •gio;:a1 Ent erftr M.'rnrr of F-ntr rrpnse /cue Agr.utcy 1200 Third Avenue, Surt1400, `)an Diego, (A. c;1t0l Address (C.)1'I) 2 3ti-6.3 I telephone Nurroer (w!'h area code) i'refr,rr•nce Points Cedifiration (r-tcvi:,ed 7/1/2006) lr3) :3()•6;03 FAX Number (with area code; Bihar 17 09 03•38p p Project Narrative Problem Statement (2 pages) The procir- nn take place Ir Nz tioraal City, located I`a the southwestern portion cf San Diego CCtini :4'It l ;i popiii:atn'ra of h3,537 ,(59°ir Hispanic, 1 1 Asian & PI, 15% White. 6% African Arneric:an, and 2°% °the() ituntect less than 10 miles from the Mexican border, the city ,s home to many fast generation immigrant families with limited resources and a minimal con rnand cf F-ncflish. retaking it difficult to find secure employment ;and access community resources tie L3ty's a'ieriage Iv:nisei-told -;z .: 3 40 (the county s highest), and 27% of the population is aged 18 or :ess In 1992, the city was listed as California's third poorest city in per capita income and the thirteenth poorest in the nation. The average salary for jobs in National City is $21,244, and the median household Income is $29,826 the city's unemployment rate is 10 7?4, (an from / 8`)X, In 20041) In 2006, National Cily's violent crime rate of 8.25 per 1 .000 population was the county's highest, and represents a 1 5% Increase from the previous year. National City's domestic violence rate or 23 per 1,000 households is the third highest in the county, after Oceanside and Chula Vista (SANDAG, 2008) National City Police t)eo ririent (N(3-t)), South Bay Community SerAces (SECS). ;and the County of San Diego Child `Aielfare Services IC'IVS) have worked collaboratively cn the Domestic Violence Response t main (t)VR f) since 1999 ` F3CS' DVRT Advocate, c:o [ocated at the Police Department, provides :rrimecfiate on -site advocacy during 911 calls far dornestic violence on a 2417 oasts (on scene with an Officer vJithin 1 hour) On-sit.services include crisis intervention. safety planning, and a needs assessmc=:nt for the adult victim and .any children present If needed, the Advocate ull refer the victims to other appropriate services that have been identified as necessary dunng the assessment, such a, shelter and counse!ina If the victori needs shelter immediately, the Advocate assists in the arrangements CWS is called if a child has been abused or neglected Follow-up home visit the next day Include Intensive assessments to Identify any needs for services, such as ComprE-tensive client centered, bilinr.jual culturally appropriate° r.ase assessment and noo dination, short-t-�rrn confident al rn�ar 1; 00 03 .c;f, f) 11 an,,; I:;r.d.terrn transitional housing (up to 18 months), trauma informed individual and drr :al, cr rr asel nd e mernency food. Clothing sand transportation, T PO assistance rd cots, acc)empaniment• therapeutic preschool. and rental assistance In 07 08, the DVI?l Advocate provided !mrnodiate crisis response to 27 DV calls. and provided non -emergency intcrventicn rn an addrbonal 1,1 cases These numbers are low, given that NCf'D responded to 202 ca!Is for domestic violence in 2007, and has responded to 2.;2 earls since March 2008 (a increase in domestic. v conce calls so far this year). i\ICPD and SE3CS ,ntercl try mere,.>e the number of DVRT calls to 100, of which approxirnately 66 will involve children (two• thirds o' cases) t`!CT't) has 92 officers. 1/3 of these hired during the last year Most of the new officers have not yet been trained to utilize the DVRT Advocate when responding to DV calls, and NCI'D and SACS are currently implementing strategies, such as additional ro•l call trainrngs. to rmp'ove the t.)VRT call rate However, given the high number of calls that involve children, the existing DVR t staff cannot adequateiy address the needs of all of the children to addition, many of these families have contac,-t ,vith multiple services, such ._as the section's School Re.'iouroe Officers (`,R0s) and our school/comrnunity-based Juverul.:r Diversion program and (;ornnrunry ,\.r.r,:essrnent learn, as well as the DVRT This contact rc net always effectively coordinated, so that 'amities may be interacting with more than one r,rase 7Ti.anaaT'y' or even receiving duplicated services. i he proposed Children Lxposed to Dornestic Violence Specrn:sled Response Program (CEDV-SRP) will address these programmatic we.i. r.tesses. Sf3CS is strongly committed to breaking the intergenerational cycle of violence, and has extensive experience addressing the special needs of children traumat'zed by dorrestc violence and re-establishing positive parenting relationships between these children and their non -offending parent whenever possible fhe CEDV-S!?F' will eflto nee tarnilies' access to SE3CS' range of age -appropriate therapeutic, developmental, and rrcfucation5ai activities for children exposed to C)V, including shelter. group & individuai counseling, therapeutic preschool, and a range of family supports Mar 17 09 03 Tip p 18 2. Plan and Implementation (5 _pages) The Ci DV•SRP .^nit be a rww .orrponent of the f)VRT The P.M I will he ex,'ran(ied to nclude an a:idi1ianal .F- E PA/ Advocate. is `.:F f E C'N S Social Worker, .gnu a 5F 1 I- fJoin tt,_: 1.)VR-F to uddrest; the Irrn r--:fate _arid longer -term needs of any child who has been exposed to i)V. Required qualifications are (all require a clean driving license and background clearance for working with minors ) • f yaw Enforcement ()Moe,. Gr:aduat:cn from lugh school or possession of 12th grade G I- D certificate, and completion of Basic Police P.caria-my. • DV Advocate. Minim.m one year experience in child, youth, and family services field, preferably in a community based or neighborhood service organization Experience in the areas of individual, group, and family counseling, outreach, community education and development, advocacy, and case management Ability to work with a diverse cultural population F3.A. or 13 S degree, (fvi A or M S ',V preferred) in social work. psychology, or related field, experience may be substituted 40 flour DV training. Bilingual preferred • CA.'S Protective 3crv)ces iocrrat Worker A hachelor's degree in social \Prork forn an accredited college uI university. OR, A hr:r;'ielor'-; degree from an accredited college or un,'iers;ty '.rota "i sl 24 SE'r'?ester urats If' 'I'•:: b :havior al sraence5, AND 1 year of 'Nark experience or 2 cr.rncsters of supervised internship experience an a family or children's service agency performing duties of supervision, treatment or protective services to children Mandatory objectives 1. Ensure the CEDV-SRP team receives specialized DV training in their own discipline. During Advanced Officer Training every two years officers are trained to complete DV criminal investigations, Including interviewing, photographing, and collecting evidence All SBCS staff are required to attend at least 24 hours of training per year that Is appropriate and specific to their client caseload and are critical for Nniorking with children. youth, and families in a community setting including Child Abuse 0 epoiing, Cultural Competency and Sensitivity Trauma-inforra'ed Approach and Confidentiality DVR I- Advocates must sleet the definition of ( )) 1\.1a 17 09 03 3C:in !DV Counselor as riefined in the Califcrnia FIN/Hence Code. Section 10'37 1?„.:4) 117_31;)g for any Within 30 chys of the' •-• hirr,g SBC is corrirmtted (.(r<itmy, y fq:.e environment for all women, men, children, and farrilies and has develcped a stronu training curriculum that offers the knowledge and skills to provide culturally sensitive counseling, referrals and advocacy for the survivors of Dv and their children CWS Social Workers receive 6 weeks of inital training covering fl \Cilmty inpics \Aiherl they are first hired, as well as ongoing training on a variety of topics !...ludinci DV I he county has a DV protocol that all social workers are trained to follow 2. Ensure the CEDV-SRP team are cross -trained on the identification of each discipline's roles and procedures related to children exposed to 'domestic vio/ence, and each discipline's limitations in responding to children exposed to domestic violence. All CE:DV-SRP staff (Police Officers, Social Workers, and DV Advocates), including regular anc on call ->taff and day arid night workers, will participate quarterly cross training, inclJciing roll call training for all Police Officers, that will supplement the cross-traininos dready crnv,ded by the DVI 1 opcs will include the effects of witnessing DV, sighs of child abuse and neglec, and guidelines for Lhlld,wiiriess interviews, as well as each discipline's rei;-3,eci chllrren .--.'xnr)Y-:?d to DV, and eaclr cliscipline'F, I mit:if:ow; ir rr.-:--,ponctinic) to thes,.:.! c.hildren 3. - Develop a CEDV.S1a3 protocol specific to the law enforcement ayency the [earn. DIC90 County his developori a countywide protocol for law enforcement rEispori,,,..-2 to Dv h 200/, a multi -agency committee revised and updated the protocol to reflect changes in the law and specifically address the protection of children exposed to DV -the protocol includes the following policy statements "Children Exposed to DV should be considered as separate victims in DV incidents"; and, "Training \Nil! be provided regularly to enhance law enforcement s response to DV and children exposed to DV" It includes a section on Children exposed to DV .vvith guidelines for child witness interviews -the MDT will review the E.)VR-1 protocol to incorporate additional child -focused items, based on the Attorney General's CE.1.-N protocol 4. Develop a comprehensive computerized database for the purpose of data collection and information sharing. Mir 17 09 03 40p p 70 The f)VRT already maintains ra3 ccrnpret'ensive ccirroutertzed database for the purpose Of date=, collection and information s 1O;rino dgcuroeno a;I of the information required 5. A child protective services professional will attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. rhe Child Abuse Hotline w,il assess ;i • hotl-nr_ repots for an appropriate response lime, and Immediate Response Service (IPS) refer ;rls be ;rssrgned for response within 24 hours CVV S South Region will c:v<:luate ite IR:: and neildR:> referrals for immediate on site response to DV calls where children are nre sent f he :.octal 'Worker investigate child abuse and neglect allegations by rntervevmq and counseling parents, children, and adolescents, analyzing info: -nation and data collected, determining degree of danger and risk of future. abuse and neglect, determining if removal of the child from the home is necessary, and conducting time sensitive investigations per court 0-der or ;n compliance with State of California law If the CWS Social Worker determines that '.n ld needs to �r: removed from his/her home, they will arrange for an appropriate placement and refer tarnily members to appropriate services 6. A domestic violence advocate ::ill attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. DV Advocates, stationed at We wiu provide irrrmedrrte on •sie advocacy, and he on scene with in Officer within 1 hut„, : (us:iy v,r;t.hrn 30 rninules) t.)V Advocates conduct crisis intervention, safety planning, and assessment If e:eded, the DV Advocate will reier the adult victim and/or child to other appropriate services as identified during the assessment, such as shelter or counseling If shelter is needed immediately, the DV Advocate will assist in the arrangements In cases in which t.)V Advocates dre not called to the scene, NCPD will provide the DV Advocates with a copy of the police report, and the DV Advocate will immediately attempt to make contact to offer advocacy and follow- up services. fhe DV Advocate will also coordinate with program staff of any other program that the child is involved in 7. Law enforcement officers will follow-up with the domestic violence adult victim and children by way of safety patrols or similar activities. Cs- 9) f:?ar 11 V) (I; 40r, raf')rcernera!: ofitcers b,ili p'o':(fe follpv'-up services such as.. riEaghf:ortiocif patrols if :ararrr+r:n;at:, as well as inforrra!nn th+.' School leSCl1rCf2 E1rflCerS ,:at the child's SClio:l Lit)Cllt situation so that the SkO is aware of the situation and can offi?r support to the ::h,lcirf )tidy. 8. A child protective services professional andior domestic violence advocate will attempt to rnake follow-up contact with the child and family and refer the farnily to relevant service providers for follow-up services. f he DV Advocate and C;WS Social Worker will work togethei to provide follow• up services fcr r)r: .h;i;t and family that address any needs identified by the gasses menu t-Oliow•up home visits triage the next day will include more intensive assessments and identify any nc-ed for services. If the adult victim does not wish to make a follow-up appointment, the DV Advocate or DNS Social Worker will still atternpt to make contact the following day and in the ensuing weeks wifi rnake several phone calls to ensure the children and adult victim are safe and aware of available Services If the adult victim declines services altogether. the contact will he noted in the database rho DV Advocate will refer children and families to a wide range rr fc)Ilonw up services such as bilingual culturally appropriate case assessment and Coordination ,.rnergency arid long terra (up o t0 inoraths) confidential shelter +ndividual and group Couii:i(:liro, case con!Ailtation, TFtO assi,,tance and court accornp(:nlrnent trauma informed 5IJ0,tciil':" abuse treatment, (1dep(-tndert living skills classes and f•nancxal ernpo'.vern+ert ;ervic ei,, parenting classes, emergency food, clothing, and transportation; and rental assistance pi()rarras Services for children. all using a "Point of Engagement' delivery system, include fi1i f scuelita, a free, full -day, therapeutic preschool for children aged 13 5 who have been traumatized by family violence As a result of this innovative program, children develop emotionally, socially, and developmentally in supportive horse and school environments, increasing i:eir chances of long term healthy development free from violence Community Services for Fatuities providing intensive case management, support groups, parenting classes, and referrals for families experiencing or at r'sk of fp.miIy violence and child abuse Most of the families are referred through CWS, and roony suffer from DV ( coo ) Mar 1 / 09 0340p p Child Abuse I re trrlent t'roc;rarn (D fA E, funded by the California Office of f rneraency ;r;Cv,cesl, prc,vl.Jinq intensive rrt rt ;' t :3!th ,:-)rvir>r.°s for child vioil!71s of cnrne. Health and t)evelopmenta• Sc vices 'c;r (;hlledren• which brings together socrai service health. ano educational organizations t.o provide health and developmental screenings, assessments, and treatment SBCS Is rieve;ooirlg rr 23 hr assessrl`c—it (..,.,-7ner to prov•(ir sport-torro shelter' and services for child abuse victiIns rec nr;tiv t::rht:ir, from their flume SBCS envisions this as t;Clnc par: of a Children's Village that brings tc•gether an array of organizations providing tailored services and supports for victims of child abuse and family violence, their non -offending parents, and foster families, resulting in long-term stability for child abuse victims in the region 9. Conduct bi-monthly regularly scheduled in person conferences to review all cases. NCPD, SBCS, and CVVS will coordinate hi -monthly in person case conferences to 'eview all cases. DvR 1 staff will identify any other service; and programs that the family is accessing, and will work 10 ensure that the servires are coordinated, seamless and undupticative. Staff of these other programs may be invited to r articipatc,i in the case consultations when appropriate 10_ Facilitate the regular exchange of information among personnel from law enforcement, child protective services, probation, mental health, public health, domestic violence agencies, and relevant attorneys through the cleveloprnent of a multidisciplinary tears which meets every other month. The Multi -Disciplinary learn (IUD I ) including tl:e CE=DV-SRP staff (CVPD, SBCS, & CVVS), representatives of the DA's office, find other relevant agencies, will meet quarterly to exchange information, adjust services to meet current needs, address and resolve challenges, evaluate the progress of the collaboration, and coordinate outreach to the community. 91. Complete a comprehensive programmatic evaluation regarding the impact thr program had on reducing_ trauma to children exposed to domestic violence and increasing their safety. Once the contract is awarded, an evaluator be selected through a competitive bid request process to design and conduct a c:ornprehensive programmatic evaluation. The selected evaluation team will work 'with the CE-DV-SRP staff to identify appropriate evaluation methods and tools, gather ard analyze data and eliort evaluation results (Co /) M;rr 1 l 0:1 (R 41 p p lmpiernentation (2 pages maximum, not including charts) National City Police Department. a denr.rtment of the in of f1 rNorir:` (r'v=rr:;ic }:. 9^ohc(, officers and 43 professional staff members and serves over 50 000 re;.dent in :3 nine_ c,!urrc: ride area In partnership with cur community, NCPD is committed to providing he highest level of service and public safety. VVe pursue this commitment with an rrmN<3venng resolve while always respecting the tights and dignity of those we seh" NCf)[Ys ,3drr.i;3:strative •iiv lion has many years of experience successfully managing federal and state grant; in,:Hidinc) nr=rnts from State Homeland Security, Law Fnfcrcernent Terrorism Prevention Program urban Area Security Initiative, the Office of Traffic Safety, and Justice Assistance NCRD, CWS, and SBCS have worked collaboratively on DVR f seivices for a'iult victims and children since 1999 Originally, the DVRT only responded in cases where children were present, but was later expanded to include all DV calls. For the last 3 years, DV Advocates have Teen stationed full-time at :he NCPD in order to provide :immediate response and have direct ic:3isor •.vitf f'O staff. This close contact ensures mutual trust and cooperation and fac;litates of ;nrr,3Uun >;haring among the partners in the past, DV Advocates have found that victims are Tess receptive to accessing follow. un r,ervic :-, if the follow-up confect takes place more than r> hours after tt f: ;visas: ,s over I t:m ver if tollow-up services are suggested during the initial f)V[ i visit clients nts are i0% more likely !G (;nnrlPrt v,,nth needed Services For tills reason, the roll c.;lf tin in;ngs greatly stress the •nipo; t:3nce of censuring that the DVI-ZT Advocates are called immediately so that this critical virido`.v of opportunity is not missed The DVRT project also employs a Data [- ntry/Program Aide who is respcnsible for all data entry of the project. SI3CS is the lead agency in the South 13ay Regional Collaborative (SE3RC), a partnership between SE3CS and the region's four community collaboratives, Children's hospital. and YMCA f amity Stress Counseling Services The SBRC is also contracted with the County of San Diego in provide Community Services for Families (CSF) in the South Region referred by the CL) rear 1/ 09 0341p p 24 Children's S rvices I3lireau I HE. -..se "vir`dI:.E'.s ndliide r:ase manager-nerl', prlrntl.n(f Clas;e:'s. 7:up5ort groups. speciallz:!c1 training, and :;rc:ven,ucn;r:- crrz services `>>CS will ensure that victims with children who are served thrbJgh th, ()VP. 1 will be linked into the CS`= program Ib NCPD will facilitate a quarterly Multi -Disciplinary learn am (MD1) meeting to discuss domestic violence topics with allied aclr:nc:ies. including hospitals, Adult Protection Services, Child Welfare Services and the ether DV Providers I his collaboration denlorlstratcs The region's •ntentiorl to .,vork together toward the mutual goal of providing maximum available assistance for domestic violence child victims 1-he outcome will be a permanent community collaboration of public and private agencies providing immediate response and focused. comprehensive follow-up services for child victims of family violence. As a result of contact with any of the partners of the Collaborative, child and adult victims of domestic violence will Tim iu; rnatie: access to a Wide array of services, supports, and resources that tAn11 help their; rebuild sc-=if-sufficient• non. -violent :Ives for themselves and their children 6, 3) f;tar 1 / 05 03 A7n p Budoet Narrative I he midget step,::c.rt s the objectives by u;;ng they majority of funcis fcr direct service iachviues Dart A 1:ersornel Ser'ic.s > ;e print supports a of TE Police Officer..+iho will participate in the CFI)\/-SRP 1 ean, provide immediate and follow-up response to DV calls in whict' children are: present, inform the other Gb1)V ;r?,' !franc r;rernbers (DV Advocate anci C'NS Socia Worker) when resooi Tiino to such calls, participate in cross training. protocol df vr. loprnEnt, daft: sharing, case consultation, w1Uf meetings, and program coordination. Qualifications: Graduation from high school or possession of 12th tirade G L D certificate, and completion of Basic Police Academy Benefits Medicate, Uniform allowance, LTD Insurance, Insurance with Compensation, Life ADiD Insurance, Pers (retirement), and 1 fealth Insurance Total w/ benefits $59,712 Part 13 Qperating >uhcontract to an L_vafuator selected through a competitive bid request process once the award is announced, to design and conduct a comprehensive programmatic evaluation -the ;(,,looted r-valuator 'r•,'ork vvith ttie (3 D1.'- SRC' rearm arm to identify ,-appropriate evaluation method ; arid for.)ls, gather grid analyze data, and report o'i luation results ot-al sub -contract is `n17,500 (103/4 of total aware;) `subcontract with South Bay Community Services for.5 FTL 1)V Advocate and 25F 1 t rlata F.niry hilthe DV.Ciio `te nil par lcIpae the.. SPP Team, provide immediate e and follow-up response to DV calls in which children are present, prarirc+pale m cross -training, protocol development. data sharing. case consultation, MDT meetings, and program coordination '1 he UV Advocate will be located full time at the NC;PD Qualifications• Min 1-year experience in child, youth, and family services field preferably .n a community based service nrganiraiion Fxpenence in the areas of inr1 vidua , group, and family counseling. outreach, cornrnun('y education and development. advocacy, and case management Ability to work with a diverse cultural population. B.J\ cr B S decfree, (tV1 A or t\'1 VJ. preferred) to social work, Mar 17 09 03 42p p psychology, or re`atcd flel:1• c;xoi3ncc may10 Hour DV training 1?•iliucJt: �! preferred the D_,ta Entry A, Je :,il rnaar;italr pl9':rarn statistics anc.' records. including the shared database Qualifications rltrlh .i(:hool (Jr_idli<it ar equivalent Bilingual (E.nalisn` Sp31lISt?) preferred. Should be cornouter literate and demonstrate good communication skills Roth positions include benef.ts. FICA. SU1. Insurance rrith Compensation. Pension and Health Insurance. The sub-contra:t also •nc lode:, of; rntrno costs for the program. including mileage (l5 miles/month x 5 58!-) x 12 mortis = $52fi. Orfic:2 supplies ($40/month x 1? months = 5480), Cell phone/pager ($50/month x 12 months = S600), and SE3CS' Federally Approved indirect rate (12.9% of $33.370 = $4,305). ['he total subcontract is $37,6(5. Subcontract with the County of San Diego for.5 FIE CWS Social Worker. The Social Worker will participate in the CEDV-SRP learn, provide immediate and follow-up response to DV calls in which children are present participate In cross -training, protocol development, data sharing. case consultation MD 1 meetings, .and program coordination. Qualifications. BA in social work from an accredited college or university. OR; BA from an accredited college or university with at least 24 sernestter units :in the behavioral sciences, AND, 1 year of work experience or 2 serriestn'S of supervised internship experience in a family or children's service agency performing duties of supervision, treatment r.rr protective services to chitdre'a. 13enefits FICA, Employment Comp Insurance, 1Jnernp oyment, Health Insurance, and retirement The total sub -contract is $51,780 Indirect costs of administrating the grant, calculated as 5% of the total Direct cost $8,333. part C: F ujpment: None All funds are directly for operating staff and program costs, and do not include costs for any Program or Department Directors The CLDV•SRP Team members will split their time between Objectives 1 11, spending the majority of their time on providing crisis intervention follow up services. and advocacy to clients. Each team member will dedicate .5FTE to the project. (6 Reset Form Governor's Office of Emergency Services GRANT AWARD AMENDMENT AMENDMENT NO. EV08018608 Print Form March 27, 2009 and between the THIS AMENDMENT, made and entered into on by (Date) Governor's Office of Emergency Services, hereafter designated OES, and the following Administrative Agency City of National City p hereafter called the Recipient. WITNESSETH: That the Recipient agrees to the amendment of this Grant Award Agreement as specified below: Grant Award Agreement EV08018608 is hereby amended to increase the Children's Justice Act 2008 funds by $25,000, from $175,000 to $200.000. All other provisions of this agreement shall remain as previously agreed upon. IN WITNESS WHEREOF, this Grant Award Amendment has been executed by the parties hereto, upon the date written above OFFICE OF EMERGENCY SERVICES RECIPIENT for OES use on PRINTED NAME OF PERSON SIGNING TITLE AMOUNT ENCUMBERED BY THIS DOCUMENT PRIOR AMOUNT ENCUMBERED FOR THIS MATCH GRANT AWARD RECIPIENT City of National City BY AUTHORIZED SIGNATURE PRINTED NAME AND TITLE OF PERSON SIGNING Manuel Rodriguez ADDRESS 1200 National City Blvd., National City, CA 91950 PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE ITEM TOTAL AMOUNT ENCUMBERED TO DATE PCA NUMBER CHAPTER STATUTE PROJECT NUMBER I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. FISCAL YEAR FEDERAL CATEGORY NUMBER SIGNATURE OF OES FISCAL OFFICER DATE Grant Award Amendment - OES 513 (Revised 1/1/2007) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 19, 2009 AGENDA ITEM NO. 15 / ITEM TITLE A resolution initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for 2009-2010. PREPARED BY ,/ Patricia Beard ext 4255 �J�" Redevelopment Manager DEPARTMENT Community Development EXPLANATION Each year, pursuant to state law, the City Council must consider initiating proceedings for the levy and collection of assessments for the Mile of Cars Landscape Maintenance District. The levy and assessments proposed by the initiation are based on a budget prepared with the Mile of Cars Association and certified by a licensed engineer. The assessments, if adopted, will be collected by the county and distributed by the National City Finance Department to provide maintenance services within the District boundary. Environmental Review Not applicable. Financial Statement Administrative fees of $3,352.30 are paid by the Landscape Maintenance District. The only cost to the City is staff time, which is not reimbursed. Account No on1-nnnnn-3nn7 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL: 4d) Support Community Benefit Districts. ATTACHMENTS Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2009/10 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the National City Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS Government Finance Group for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an annual Engineer's Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. Engineer's Report: The Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the annual Engineer's Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2009, and ending June 30, 2010. 2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District. PASSED and ADOPTED this 19th day of May, 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 MEETING DATE May 19.2009 AGENDA ITEM NO. 16 ITEM TITLE A resolution approving the annual Engineer's Report for the Landscape Maintenance District No. 1 (Mile of Cars) for 2009-2010. PREPARED BY Patricia Beard ext 4255 Redevelopment Manager DEPARTMENT Community Development EXPLANATION Each year, pursuant to state law, the City Council must consider approving the annual Engineer's Report for the Mile of Cars Landscape Maintenance District. The annual report describes the activities to be conducted through levy and assessments approved by the City Council based on a budget and scope of work prepared with the Mile of Cars Association and certified by a licensed engineer. The assessments are collected by the county and distributed by the National City Finance Department to provide maintenance services within the District boundary. Environmental Review Not applicable. Financial Statement Administrative fees of $3,352.30 are paid by the Landscape Maintenance District. The only cost to the City is staff time, which is not reimbursed. Account No on1-nnnnn-3nn7 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL: 4d) Support Community Benefit Districts. ATTACHMENTS Resolution No. 1. Annual Engineer's Report RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ANNUAL ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2009/10 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the National City Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS Government Finance Group for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an annual Engineer's Report; and WHEREAS, the Council has, by previous resolution, ordered NBS Government Finance Group to prepare and file such annual Engineer's Report; and WHEREAS, NBS Government Finance Group has prepared and filed such annual Engineer's Report with the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the annual Engineer's Report concerning the levy of assessments as submitted by NBS Government Finance Group for the fiscal year commencing July 1, 2009, and ending June 30, 2010. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 N B S Covemrr4n1 SoNnnn, City of National City Landscape Maintenance District No. 1 (Mile of Cars) 2009/10 Fourteenth Amended Engineer's Report May 2009 Prepared by NIB'S Corporate Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 (800) 676-7516 phone (951) 296-1998 fax Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 (800) 434-8349 phone (415) 391-8439 fax 1 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Blvd National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 MAYOR/CITY COUNCIL Ron Morrison, Mayor Alejandro Sotelo-Solis, Vice Mayor Francisco Parra, Council Member Rosalie G. Zarate, Council Member Jess VanDevenler, Council Member AGENCY STAFF Patricia Beard, Redevelopment Manager DISTRICT STAFF Weldon Donaldson, Executive Director NIB1S Pablo Perez, Project Director John M. Brudin, Assessment Engineer Brian Brown, Financial Analyst a TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Annual Escalation Factor 5-2 5.3 Assessment Roll 5-3 3 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2009/10. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable Tots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIIID of the California Constitution because the District was formed by the consent of the land owners, and the proposed assessment is not proposed to increase by more than the 10% annual increase over the Fiscal Year 2008/09 assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Fiscal Year 2009110 Actual Assessment Landscape Maintenance District No. 1 (Mile of Cars) $143,030.18 I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City. M. Brudin, Assessment Engineer City of National City — Landscape Maintenance District No. 1 — Mile of Cars 1-1 ' Prepared by NBS — Fiscal Year 2009/10 2. OVERVIEW 2.1 Introduction The City has previously formed this maintenance assessment district for the purpose of providing maintenance services to benefit certain parcels in the City. Over the past decade, this District has been levying and collecting special assessments. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The Annual Engineer's Report (the "Report") describes the District, the annual assessment per parcel for Fiscal Year 2009/10, based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Annual Engineer's Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2009/10. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2009/10. 2.2 Description of the District Boundaries The District's improvements are generally along National City Boulevard and bounded by 18th Street to the north and 33rd Street and Highway 54 to the south. 2.3 Description of Improvements A general description of the works of improvement to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median Improvements , • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23nd Street and McKinley Avenue 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33`d Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City — Landscape Maintenance District No. 1 — Mile of Cars 2-1 Prepared by NBS — Fiscal Year 2009/10 s 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited too. 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 — Mile of Cars 2-2 Prepared by NBS — Fiscal Year 2009/10 3. ESTIMATE OF COSTS The cost of servicing, maintaining, repairing and replacing the improvements as described in the Plans and Specifications are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the 2009/10 estimate of costs for the District: Description Median Improvements Frontage Improvements • Cost of annual maintenance: 1. Lawn planting care $0.00 $32,572.00 2. Median planting care 16,286.00 0.00 3. Palm tree maintenance 5,814.00 5,814.00 4. Water usage 18,360.00 18,360.00 5. Refurbishment of graphic panels 14,000.00 0.00 6. General maintenance of electrical system 6,630.00 0.00 7. Electrical usage 10,029.58 0.00 8. Refurbishment of decorative crosswalks 1,836.00 1,224.00 9. Contingencies (1) 2,800.00 2,800.00 Subtotal: S75,755.58 $60,770.00 Incidentals: A. Administration $300.00 $300.00 B. Advertising 200.00 200.00 C. Legal Fees 100.00 100.00 D. Engineering 700.00 500.00 E. Consultant Fees 2,050.00 2,050.00 F. County Collection Fees 2.30 2.30 Total Incidentals: $3,352.30 $3,152.30 Total Estimated Annual Cost: S79,107.88 $63,922.30 Surplus or Deficit: $0.00 $0.00 NET ANNUAL ASSESSMENT BY $79 107,88 $63,922.30 IMPROVEMENT AREA: TOTAL ANNUAL ASSESSMENT FOR THE $143,030.18 DISTRICT: (1) The Contingencies Item was Increased to cover a portion of the replacement of water controllers in the District. The water controllers will continue to be replaced over the next 3 to 4 years as funds allow. Any remaining funds should be held and used to start a Reserve Fund. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 3-1 Prepared by NBS — Fiscal Year 2009/10 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 4-1 Prepared by NBS — Fiscal Year 2009/10 PLED N THE OFFICE Or nit CIF, CLFAK Or ME OT• or NATIONAL OAY n s__DAY Or 1995. Gtt CLERK CITY D• NAGOYA& CITY SUIT Cr CAUrOFROA RECORDED N THE OFFICE Cr THE SUPIRNIENDENT or STREETS or THE OTT Or NATIONAL CM( MPS OAT Cr 1990. SU/EANTENOEN1 o► smut an' Cr NATIONAL, CITY STATE Cr CALIFORNIA AN As4ESCJCNT wAS LFL•EO BY THE CITY COUNaI ON THE LOTS, FREES, AND PARCELS OF LAND SHOWN ON MIS ASSESSMENT DIAGRAM. 5AIO ASSESSMENT WAS LEVIED CM TFIE_DAY OF , 191//1 SAID ASSE55•JEM DIAGRAM AND ME ASSESSMENT ROLL MEAL RECORDED w THE OFFICE Or 111E SVPERNTENDENT Or STREETS Or SAID CITY ON THE DAY OF 7990. REFERENCE IS MADE TO 1HE ASSRSSJENT ROLL RECORDED N THE OFFICE OF THE 5UPERNTETIERT Or STREETS FOR THE EXACT AMOUNT Or EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND 5H0MN US TN15 ASSESSHUJT DIAEIAM. Orr MEW ONA OTT Or MAMMAL CITY STATE Or CAUrORNA FILED MS DAY Or 1999, AT THE NOUR a_O'0.00X _ .U. N 900N -Or NAPS OF ASSESSMENT AND C1 IJMUNTTY FACIUO[S DISRRCTS M THE OFFCE OF THE COUNTY RECORDER Cr TEC COUNTY OF SAN 01E00, CALIMPNIA• COMNTY RCOOR00F COUNTY 0r SAN DIEGO STATE Or CAUPONMIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 5W410-05 1115' 640410.40 NATIONAL CITY BOULEVAPO HID' 550-204-0t O St0-2S1-0B Lad l90493-03 270' O SG0-271-/4 95• 0 N 7S• SHEET 1 OF 3 SHEETS Or DISTRICT REVISED 8-1-98 REVISED 8-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 .O• 9 Too 7M MI Foe TN[ iT10NTA0C Or EACH PARCEL 15 BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AN0 SNOPT4 HEREON TO ENE NEAREST TOOT. REr(R TO ASSESSOR S PARCEL NAPS FOR PROPERTY 0111CN9o5 NOT 5N0NN, NASLAND ENGINEERING CT % p.'JNd11RFR • 9L•RYTTIRG • LAND PAMORPG Mt Ih.M1w Anal, ••• My, r•MwwM, 11.111 • •1M•-A.• NOTE: ORIGINAL SHEET SIZE 18• x 26' N.E. JOB No. 105-148 1 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CAUFORNIA 360-330-03 591' NATIONAL. VI11 BOULEVARD S62-021-01 100' S62-021-07 J1 512-031-14 160' 562-031-13 110' 290 562-340-19 L, 562-310-70 O • I TRAAvENUE ATION 3112-090-06 270' NATIONAL SHEET 2 OF 3 SHEETS) 562-100-I4 135' 362-100-13 135. VII I py(LEVINIV 136' 562-340-46 Iv) Ett16/60R $0V110AR1' VSTIVCI REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 0 100 200 300 I'33 c�yyossl•r c`o n s3ESS0R Ye s°A# 9 0O14 PAR0tt_LFPS1'OR Oa1TERrY cs SOIS NOT SN0M1.3 QNASLAND ENGINEERING II ems, TWnI10 „O. Mn0. Pr $I 4al. • U• M> •[}t ,A NOTE: ORI '�L SHEET SR ' 26' N.E. JOB o. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. i (MILE OF CARS) CRY OF NATIONAL CITY 4-910-32 o► eu-1e0-33 of i 127' 300' 562-310-09 209' 562-150-13 TUNBPONTAT1ON AVENUE COUNTY OF SAN DEGO STATE OF CALIFORNIA 3e2-231-37 302-231-36 16! L'1 set. -is MI-321-07 l er set-321-01 16e' i NATIONAL CITY BOULEVARD 230' 362-220-13 135' 302-220-31 107 562-220-12 EX1F9109 901NNOA9Y 1? 015'9IC7 241' Set-330-35 av rules r'A li •A![0, 4414mt PIPS OR toot 7J3..R7G9MA__ .f 100 1m 700 7e .00 a 1 SHEET 3 OF 3 SHEET 10' 562-330-03 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING 110141004.0114C i.1s.. 0410 CR.TIMG4 T1 U0fl0 M.t.00 11. NOTE ORIGINAL SHEET N.E. JOB No. 105-148 SIZE 18'x26' 5. ASSESSMENTS The actual assessments for Fiscal Year 2009/10, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.4 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 26 (APN 562-321-08) is owned by the City of National City and therefore, is not subject to an assessment. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 5-1 Prepared by NBS — Fiscal Year 2009/10 \a 4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5.2 Annual Escalation Factor The annual assessment to be levied on all properties within the district in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 5-2 Prepared by NBS — Fiscal Year 2009/10 \3 5.3 Assessment Roll The proposed assessment roll for Fiscal Year 2009/10 for the District is listed on the following pages. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 5-3 Prepared by NBS — Fiscal Year 2009/10 NS f f f City of National City Landscape Maintenance District No 1 (Mile of Cars) 811/2009 Billing Preliminary Detail Report Account ID Property ID Levy. Min Adj Total 560-203-03-00 560-203-03-00 $4,71260 $0.00 560-204-02-00 560-204-02-00 2,267.23 -0.01 560-204-04-00 560-204-04-00 3,078.95 -0.01 560-210-01-00 580-210-01-00 2,024.31 -0.01 560-210.04-00 560-210-04-00 2,672.09 -0.01 560-210.40-00 560-210-40-00 3,417.04 0.00 580-210-41-00 560-210-41-00 809.72 0.00 560-210-42-00 560-210-42-00 485.83 -0.01 560-261-08-00 560-261-08-00 4,372.51 -0.01 560-271-07-00 560-271-07-00 1,214.59 -0.01 560-271.09-00 560-271-09-00 809.72 0.00 560-271-14-00 560-271-14-00 1,538.48 0.00 560-271-15-00 560-271-15-00 1,619.45 -0.01 560-330-03-00 560-330-03-00 9,570.94 0.00 560-393-03-00 560-393-03-00 2,267.23 -0.01 560-393-04-00 560-393-04-00 7,773.35 -0.01 562-021-01-00 562-021-01-00 1,819.45 -0.01 562-021-07-00 582-021-07-00 2,591.12 0.00 562-031-13-00 562-031-13-00 1,781.39 -0.01 562-031-14-00 562-031-14-00 2,591.12 0.00 562-090-06-00 562-090-06-00 4,372.51 -0.01 if 562-100-13-00 562-100-13-00 2,186.26 0.00 582-100-14-00 562-100-14-00 2,186.26 0.00 562-150-13-00 562-150-13-00 3,384.65 -0.01 562.160-07-00 582-160.07-00 4,858.35 -0.01 562-180-32-00 562-180-32-00 1,327.95 -0.01 562-180-33-00 562-180-33-00 2,058.70 0.00 562-220-11-00 562-220-11-00 891.18 0.00 562-220-13-00 562-220-13-00 3,724.73 -0.01 562-220.31-00 562-220-31-00 2,510.15 -0.01 562-220-32-00 562-220-32-00 5,085.07 -0.01 562-251-37-00 562-251-37-00 3,271.29 -0.01 562-251-38-00 562-251-38-00 2,704.48 0.00 582-252-15-00 562-252-15-00 5,344.18 0.00 562-321-07-00 562-321-07-00 2,947.40 0.00 562-321-08-00 582-321-08-00 0.00 0.00 562-330-35-00 562-330-35-00 4,032.43 -0.01 562-330-42-00 562.330-42-00 1,230.78 0.00 562-330-43-00 562-330-43-00 0.00 0.00 562-340-09-00 562-340-09-00 4,858.35 -0.01 562-340-47-00 562-340-47-00 2,855.90 0.00 562-340-48-00 582-340.48-00 7,080.80 0.00 54,712.60 2,267.22 3,076.94 2,024.30 2,872.08 3,417.04 809.72 485.82 4,372.50 1,214.58 809.72 1,538.48 1,619.44 9,570,94 2,267.22 7,773.34 1,619.44 2,591.12 1,781.38 2,591.12 4,372.50 2,186.26 2,186.26 3,384.64 4,858.34 1.327.94 2,056.70 891.16 3,724.72 2,510.14 5,085.06 3,271.28 2,704.48 5,344.18 2.947.40 0.00 4,032.42 1,230.78 0.00 4,858.34 2,655.90 7,060.80 Copyright © 1999-2003 NBS Page 1 of 2 4/22/2009 9:48:36AM Account ID City of National City Landscape Maintenance District No 1 (Mile of Cars) 8/1/2009 Billing Preliminary Detail Report Property ID Levy MIsc Ad) Total 562.340-49-00 562-340-49-00 4,712.60 0.00 4,712.60 562-340-50-00 562-340-50-00 4,858.35 -0.01 4,858.34 562-340-69.00 562-340-69-00 4,696.40 0.00 4,696.40 562-340-70.00 562-340-70-00 4,858.35 -0.01 4,858.34 46 Accounts $143,030.22 -$0.24 $143,029.98 Copyrig 99-2003 NBS ( 2 of 2 4/22/2009 9:48:36AM City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 19.2009 AGENDA ITEM NO. 17 (TEM TITLE A resolution declaring the intention to levy and collect assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for 2009-2010 PREPARED BY 9,tre Patricia Beard ext 4255 Redevelopment Manager DEPARTMENT Community Development EXPLANATION Each year, pursuant to state law, the City Council must consider declaring its intention to levy and collect assessments for the Mile of Cars Landscape Maintenance District. The levy and assessments proposed by the initiation are based on a budget prepared with the Mile of Cars Association and certified by a licensed engineer. The assessments, if adopted, will be collected by the county and distributed by the National City Finance Department to provide maintenance services within the District boundary. Environmental Review Not applicable. Financial Statement Administrative fees of $3,352.30 are paid by the Land ape Maintenance District. The only cost to the City is staff time, which is not reimbursed. Account No on1-nnnnn-3007 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL: 4d) Support Community Benefit Districts. ATTACHMENTS Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2009/10 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the National City Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS Government Finance Group for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file the annual Engineer's Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2009, and ending June 30, 2010. The Council finds that the public's best interest requires such action. 2. Improvements: The Improvements include, but are not limited to, landscape planting and irrigation, colored hardscape, lighting systems, graphic panels, banners and signage, painted crosswalks, and street furniture. Services provided include all necessary, service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the office of the City Clerk, which map is made a part hereof by reference. 4. Annual Engineer's Report: Reference is made to the Annual Engineer's Report prepared by NBS Government Finance Group, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Tuesday June 16th, 2009 at 6:00 pm or as soon thereafter as is feasible in the Council Chambers located at 1243 National City Blvd, National City, CA 91950. The Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626 of the Act. Resolution No. 2009 — May 19, 2009 Page 2 Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment" is defined in Section 54954.6 of the Government Code). PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT Mav 19, 2009 AGENDA ITEM NO. 18 ITEM TITLE Resolution of the City Council of the City of National City Waiving the Bid Process and Authorizing the Award of Purchase of (3) Zoll AutoPulse® Systems with Pass Thru and AutoPulse® Accessories to Zoll Medical Corporation for $53,026.21, Using Funds Provided by the Agreement Between the City of National City and American Medical Response, Inc. PREPARED BY Roderick Juniel, Fire Chief (619) 336-4550 DEPARTMENT Fire EXPLANATION The National City Fire Department EMS Committee has requested the purchase of (3) AutoPulse® Systems with Pass Thru and AutoPulse® accessories to provide automatic chest compressions to patients in cardiac arrest. Automatic chest compression units provide better, more consistent, and tireless chest compressions which are key elements in successful CPR (cardio pulmonary resuscitation) efforts. The latest procedures of the American Elcart Association points out the advantages of continuous CPR for patient survival. Since January 2009, the EMS Committee has been evaluating the use of mechanical CPR and finds that the AutoPulse® System with Pass Thru provides a better quality of CPR than manual CPR by supplying uninterrupted compressions to the entire chest cavity rather than to a single point on the patient's chest. The EMS Committee has evaluated both mechanical compression systems currently available and finds that the AutoPulse® System with Pass Thru best meets the needs of the Department. Continued on Page 2. Environmental Review J N/A Financial Statement Approved By: Finance Director Revenue received to date from AMR is $119,897. Staff recommends appropriating $54,500 to account 130-412-000-599-0000 for the purchase of the AutoPulse® equipment. Account No. 130-412-000-599-0000 STAFF RECOMMENDATION Waive the bid process and award purchase of (3) AutoPulse© Systems with Pass Thru and AutoPulse® accessories to Zoll Medical Corporation. BOARD / COMMISSION RECOMMENDATION N /A ATTACHMENTS ( Listed Below ) Resolution. Sole source verification from Zoll Medical Corporation. Resolution No. A-200 (04/2007) Resolution of the City Council of the City of National City Waiving the Bid Process and Authorizing the Award of Purchase of (3) Zoll AutoPulse® Systems with Pass Thru and AutoPulse® Accessories to Zoll Medical Corporation for $53,026.21, Using Funds Provided by the Agreement Between the City of National City and American Medical Response, Inc. Continued from Page 1: The purchase will be made using funds from the Franchise Fee generated by the Agreement between the City of National City and American Medical Response, Inc., to provide "Support of the National City Fire Department's Paramedic Program, to include equipment, supplies, training ..."(page 4, Section 11 c) and from the "Equipment Fund", "These funds will only be provided to CITY to the extent that appropriate systems costs, certified by CITY, are not met by other funding mechanisms included in this contract, including but not limited to Franchise Fees... "(page 5, Section 11 g). It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220 of the Municipal Code. Special circumstances exist, and it is in the City's best interest to take advantage of this opportunity for the following reasons: Zoll Medical Corporation is the sole vendor for the AutoPulse® Systems with Pass Thru and AutoPulse® accessories/supplies. Since price quotes already exist, and there are no other known sources to contact, it is felt that no further purpose would be served by initiating a bid process. As authorized by Purchasing Ordinance #1480, section 12a(4), it is requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to buy (3) AutoPulse® Systems with Pass Thru and accessories to include (9) AutoPulse® batteries, (2) AutoPulse® battery chargers, (13) lifeBand® 3 packs, (3) AutoPulse® Soft Carry Cases, (3) AutoPulse® Soft Stretchers from Zoll Medical Corporation for $53,026.21. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS, AND AUTHORIZING THE SOLE SOURCE PURCHASE OF THREE ZOLL AUTOPULSE SYSTEMS WITH PASS THRU AND AUTOPULSE ACCESSORIES FROM ZOLL MEDICAL CORPORATION IN THE AMOUNT OF $53,026.21 WHEREAS, the National City Emergency Medical Services (EMS) Committee has requested the purchase of three AutoPulse Systems with Pass Thru and AutoPulse accessories to provide automatic chest compressions to patients in cardiac arrest; and WHEREAS, since January 2009, the EMS Committee has been evaluating the use of mechanical CPR and finds that the AutoPulse System with Pass Thru provides a better quality of CPR than manual CPR by providing uninterrupted compressions to the entire chest cavity rather than to a single point on the patient's chest; and WHEREAS, currently, there are two mechanical CPR systems on the market. After evaluating both mechanical compression systems, the EMS Committee found that the AutoPulse System with Pass Thru, which can only be purchased from one vendor, best meets the needs of the Fire Department; and WHEREAS, pursuant to Section 12.60.220(B) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the commodity can be obtained by only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process, and authorizes a sole source purchase of three AutoPulse Systems with Pass Thru and AutoPulse accessories from Zoll Medical Corporation in the amount of $53,026.21 for the National City Fire Department. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney ZOLL `-� VAutoPulse rump May 5, 2009 Judy Wilkins National City Fire National City, CA Dear Ms. Wilkins: ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford, Massachusetts 01824-4105 U.S.A. 978 421-9655 978 421-0025 Main Fax Thank you for your interest in the AutoPulse® Non-invasive Cardiac Support Pump, a revolutionary new automated chest compression system that helps deliver improved blood flow during sudden cardiac arrest (SCA). Please be aware that ZOLL Medical Corporation is the only company that manufactures (at our wholly -owned subsidiary, ZOLL Circulation) and markets the AutoPulse. No other organization is authorized to sell the product in the United States. Further, there are no other devices on the market today that can mimic the AutoPulse's unique mechanism of action and achieve its unprecedented clinical results. The Toad -distributing LifeBand ® squeezes a wide surface area of the chest, employing a combination of semi - circumferential thoracic compressions along with cardiac compressions. In contrast, standard manual CPR and pneumatic -driven piston devices deliver only cardiac compressions to a very small area. Other important exclusive features and benefits include: • Automatic band chest sizing to quickly and accurately adjust to the patient's chest size for ease of set-up and use. • Integrated battery power source for ease of transport and changing power source with minimal CPR interruption. • Real-time display of compression and no -flow time. • Downloading code data for quality CPR review and documentation. • Configurability to change compression modes from 30:2 to continuous after an advanced airway is placed. Feel free to contact me directly by calling 978-421-9633 should you have any questions or need additional information. Best regards, Gary L. Hochstetler Marketing Manager, Circulation ZOLL Advancing Resuscitation. Today." National City Fire Department 1243 National City Blvd. National City, CA 91950-4596 Attn: Judy Wilkins email: jwilkins(anationalcitvca.gov Tel: 619-336-4555 cliildonci zoo. ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Telefax QUOTATION 41954 V:5 DATE: May 05, 2009 TERMS: Net 30 Days FOB: Shipping Point Freight: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 1 8700- 0730- 01 AutoPulse®Systemwith PassThru- Generates consistent and uninterrupted chest compressions, offering improved blood flow during cardiac arrest. Includes Backboard, User Guide, Quick Reference Guide, Shoulder Restraints, Backboard Cable Ties, Head Immobilizer, Grip Strips, In-service Training DVD, and one year warranty. 3 $10,995.00 $10,995.00 $32,985.00 2 8700- 0702- 01 AutoPulse® Battery- Original equipment Nickel -metal Hydride (NiMH) battery for use with the AutoPulse Platform. 9 $575.00 $575.00 $5,175.00 3 8700- 0703- 01 AutoPulse® Battery Charger, U.S.- Charges and conditions up to two batteries and automatically assesses battery charge level. Includes User Guide and U.S. power cord. 2 $1,795.00 $1,795.00 $3,590.00 4 8700- 0706- 01 LifeBand® 3 pack - Single -use chest compression band. (3 per package) 13 $375.00 $375.00 $4,875.00 5 8700- 0705- 01 AutoPulse® Soft Carry Case- Soft -sided carrying case holds AutoPulse Platform, spare battery, spare LifeBand and Shoulder Restraints. 3 $395.00 $395.00 $1,185.00 6 8 7 0 0 - 071 2- 01 AutoPulse® Soft Stretcher- Extrication stretcher suitable to move patient while AutoPulse is deployed. 3 $129.00 $129.00 $387.00 This quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which 3ccompanv this quote. Anv purchase order (P.O.1 issued in response to this quotation will be deemed to Page 1 Subtotal $48,197.00 incorporate ZOLL T's + C's. Any modification of the ZOLL T's + C's must be set forth or referenced in the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer's P.O unless set forth in or referenced by either document. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE VALIID FOR AN ORDER ON OR BEFORE MAY 20, 2009. 5. APPLICABLE TAX & FREIGHT CHARGES & ORDER PROCESSING FEE ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. '' JRCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. NorEASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION WITH PURCHASE ORDER. Page 1 Catherine Prophet Sr. Account Executive 800-242-9150, x9571 "% r ZOLL. Advancing Resuscitation. Today." National City Fire Department 1243 National City Blvd. National City, CA 91950-4596 Attn: Judy Wilkins email: jwilkinsOnationalcitvca.gov Tel: 619-336-4555 ,giii ioiifi[4s;i`2(1 5. ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Telefax QUOTATION 41954 V:5 DATE: May 05, 2009 TERMS: Net 30 Days FOB: Shipping Point Freight: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 7 8700- 0706- 01 LifeBand®3 pack- Single -use chest compression band. 3 $375.00 No Charge No Charge * (3 per package) Estimated Sales Tax @ 9.75% .. $4,699.21 Estimated Shipping (Ground) & Handling .... $130.00 *Reflects Promotional No Charge Items valid for an order on or before May 15, 2009. rhis quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which TOTAL 3ccompanv this quote. Anv purchase order (P.O.1 issued in resoonse to this Quotation will be deemed to $53,026.21 incorporate ZOLL T's + C's. Any modification of the ZOLL T's + C's must be set forth or referenced In the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services govemed by this quote and the customer's P.O unless set forth in or referenced by either document. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE VALIID FOR AN ORDER ON OR BEFORE MAY 20, 2009. 5. APPLICABLE TAX & FREIGHT CHARGES & ORDER PROCESSING FEE ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. ' 1RCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. EASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION WITH PURCHASE ORDER. Page 2 Catherine Prophet Sr. Account Executive 800-242-9150, x9571 3 ZOLL QUOTATION GENERAL TERMS & CONDITIONS 1. ACCEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the -tomer the equipment (including a license to use certain software) listed in this Quotation and bed in the specifications either attached to or referred to en this Quotation (hereinafter refereed 10 a uiprenent). Any acceptance of such offer is expressly limited to the terms of this Quotation, including wSe General Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (I) any conflicting wntten or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation of any purchase order. specification, or other document issued by the Customer. Any such document shall be wholly inapplicable to any sale made pursuant to the Quotation. and shall not be binding in any way on ZOLL Medical Corporation Acceptance of this Quotation by the Customer shall create an agreement betwefxi ZOLL Medical Corporation and the Customer (hereinafter referred to as the 'Contract' the terms and conditions of which are expressly limited to the provisions of this Quotation including these Terrns and Conditions. No waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding on ZOLL Medical Corporation unless such waiver. change or modification (i) is made in writing (ii) expressly states that it is a waiver, change or modification of this Quotation or the Contract and (iii) is signed by an authorized representative of ZOLL Medical Corporation. 2. DELIVERY AND RISK OF LOSS. Unless otherwise stated, all delivenes shall be F. O.B ZOLL Medical Corporation's facility. Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier. 3. TERMS OF PAYMENT. Unless othewwse stated in its Quotation payment by Customer is due thirty (30) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable hereunder which remain unpaid after the date shall be subject 10 a late charge equal to 1 5% per month from the due date until such amount is paid 4. CREDIT APPROVAL. All shipments and detivenes shall at all limes be subject to the approval of credit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or secunty or upon terns regarding credit or secunly satisfactory to ZOLL Medical Corporation 5. TAXES. The pncing quoted in as Quotation do not include sales use, excise, or other similar taxes or any duties or customs charges. The Customer shall pay in addition for the pnces quoted the amount of any present or future sales. excise or other similar tax or customs duty or charge applicable to the sale or use of the Equipment sold hereunder (except any tax based on the net income of ZOLL Medical Corporation). In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax exemption certificate acceptable to the taxing aulhenl es 6. WARRANTY. (a) ZOLL Medical Corporation warrants to the Customer that from the earlier of the date of installation or thirty (30) days after the date of shipment from ZOLL Medical Corporation's facility, the Equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normat use and service for the period noted on the reverse side. Accessories and electrodes shall be warranted for ninety (90) days from the date of shipment. Dunng such penod ZOLL Medical Corporation will at no charge to the Customer either repair or replace (at ZOLL Medical Corporation's sole option) any pan of the Equipment found by ZOLL Medical Corporation to be defective in material or workmanship. If ZOLL Medical Corporation's inspection detects no defects in material or workmanship, L Medical Corporation's regular service charges shall apply. (b) ZOLL Medical Corporation shall not spensible for any Equipment defect failure of the Equipment to perform any specified function, or �_� .ther nonconformance of the Equipment caused by or attnbutable to (i) any modification of the 1g0ipment by the Customer, unless such modification is made with the pnor wntten approval of ZOLL Medical Corporation. (n) the use of the Equipment with any associated or complementary equipment accessory or software not specified by ZOLL Medical Corporation, or (iii) any misuse or abuse of the Equipment. (iv) exposure of the Equipment to conditions beyond the environmental, power or operating constraints specified by ZOLL Medical Corporation, or (v) installation or wiring of the Equipment other than in accordance with ZOLL Medical Corporation's instructions. (c) Warranty does not cover items subject to normal wear and burnout during use, including but not limited to lamps. fuses, batteries, cables and accessories. (d) The foregoing warranty does not apply to software included as part of the Equipment (including software embodied in read-only memory known as -firmware-). (e) The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN. ORAL. IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. SOFTWARE LICENSE. (a) All software (the -Software- which term shall include firmware) included as part of the Equipment is licensed to Customer pursuant to a nonexclusive tanned license on the terms hereinafter set forth. (b) Customer may not copy, distnbute, modity, translate or adapt the Software, and may not disassemble or reverse compile the Software, or seek in any manner to discover, disclose or use any proprietary algonlhms, techniques or other confidential intonation contained therein, (c) All nghts in the Software remain the product of ZOLL Medical Corporation, and Customer shag have no nght or interest therein except as expressly provided herein. (d) Customer's right to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure to comply with terns of this quotation. (e) Customer may transfer the license conferred hereby only in connection with a transfer of the Equipment and may not retain any copes of the Software following such transfer. (f) ZOLL Medical Corporation warrants that the read-only memory or other media on which the Software is recorded will be free from defects in materials and workmanship for the period and on terms set forth in section 6. (g) Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software will be uninterrupted or error -free, or that the Software will meet Customers requirements. Except as set forth in section 7(f), ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. Customers exclusive remedy for any breach of warranty or defect relating to the Software shall be the repair or replacement of any defective read-only memory or other media so that it correctly reproduces the Software. This License applies only to ZOLL Medical Corporation Software. 8. DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable for any delay in the delivery of any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical Corporation including, but not limited to ads of God, fires, epidemics, floods. nuts, wars. sabotage, labor disputes. govmirnentai actions, inability t0 obtain rnatenats, components, manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL Medical Corporation shall not be Fable for any delay in delivery caused by failure of the Customer to 'vide any necessary information in a timely manner. In the event of any such delay, the date of Went or performance hereunder shall be extended to the period equal to the time lost by reason of defay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment mn ong as Customers on any reasonable and equitable basis. The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Corporation shall no be Gable for or shall the Contract be breached by. any delivery by ZOLL Medical Corporation within a reasonable time after such dates 9. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE 10. PATENT INDEMNITY. ZOLL Medical Corporation shall at its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United Slates patents or copynghts related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation, provided that (t) such alleged infnngement consists only in the use d such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts, (ire) the Customer gives ZOLL Medical Corporation irmrediate notice in wntirg of any such suit and permits ZOLL Medical Corporation through counsel of its choice, to answer the charge of infringement and defend such suit, and (iii) the Customer eves ZOLL Medical Corporation all requested information, assistance and authority al ZOLL Medical Corporation's expense, to enable ZOLL Medical Corporation to defend such suit. In the rase of a final award of damages for irdringemenl in any such suit, ZOLL Medical Corporation will pay such award, but it shall not be responsible for any settlement made without its wntten consent. Section 10 states ZOLL Medical Corporation's total responsibility and liability's, and the Customer's sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for any indirect. special, or consequential damages resulting from any such infrirmgeunent. 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof. The Customer shall inform ZOLL Medical Corporation of any shortage in any shipment within ten (10) days of receipt of Equipment. If no such shortage is reported within ten (10) day period, the shipment shall be conclusively deemed to have been complete. 12. RETURNS AND CANCELLATION. (a) The Customer shall obtain authorization from ZOLL Medical Corporation prior to retuming any of the Equiprent. (b) The Customer receives authorization from ZOLL Medical Corporation to return a product for credit, the Customer shall be subject to a restocking large of twenty percent (20%) of the original fist purchase price, but not 1e55 than S50. 00 per product. (c) Any such change in delivery caused by the Customer that causes a delivery date greater than six (6) months from the Customer's original order date shall constitute a new order for the affected Equipment in determining the appropriate list pace. 13. APPLICABLE LAW. This Quotation and the Contract shaft be governed by the substantive laws of the Commonwealth of Massachusetts without regard t0 any choice of law provisions thereof. 14. COMPLIANCE WITH LAWS. (a) ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable state and federal laws and regulations, including the requirements of the Fair Labor Standards Act of 1938, as amended. (b) The Customer shalt be responsible for compliance with any federal, state and local laws arid regulations applicable to the installation or use of the Equipment furnished hereunder, and MN obtain any permits required for such installation and use. 15. NON -WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical Corporation may decline to make further shipments without in any way effecting its right under such order. If, despite any default by Customer, ZOLL Medical Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such default. No claim or right an ing out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in wnting signed by ZOLL Medical Corporation 16. ASSIGNMENT. This Quotation, and the Contract. may not be assigned by the Customer without the pnor wntten consent of ZOLL Medical Corporation, and any assignment without such consent shall be null and void. 17. TITLE TO PRODUCTS. Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and agrees to do all acts necessary to perfect and maintain such nght and title in ZOLL Medical Corporation. Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the nght, without tiabihly to repossess the Equipment, with or without notice. and to avail itself of any remedy provided by law. 18. EQUAL EMPLOYMENT OPPORTUNITY 1 AFFIRMATIVE ACTION. VETERAN'S EMPLOYMENT - If this order is subject to Executive Order 11710 and the rules, regulations. or orders of the Secretary of Labor issued thereunder the contract dausa as set forth at 41 CFR 60.250.4 is hereby included as part of this order. EMPLOYMENT OF HANDICAPPED - if this order is subject 10 Section 503 0l the Rehabilitation Act of 1973, as amended and the rules, regulations or orders of the Secretary of Labor as issued thereunder, the contract clause a1 41 CFR 60-741 7 is hereby included as part of this order. EQUAL OPPORTUNITY EMPLOYMENT - i( this order is subject to the provisions of Executive Order 11246. as amended, and the rules, regulations or orders of the Secretary of Labor issued thereunder, the contract clause set forth at 41 CFR 60-1.4 (a) and 60-1.4 (b) are hereby included as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 60-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60-1 40. 19. VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the Customer, in accordance with the terms of Section 1 hereof for the period set forth on the face hereof. After such period, the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation and shall not create a contract, unless such acceptance is acknowledged and accepted by ZOLL Medical Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation. 20. GENERAL. Any Contract resulting from this Quotation shah be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire agreement between Buyer and Supplier with respect to the purchase and sale of She Products described in the face hereof, and only representations or statements contained herein shah be binding upon Supplier as a warranty or otherwise. Acceptance or acquiescence in the course of performance rendered pursuant hereto shah not be relevant to determine the meaning of this writing even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. No addition to or modification of any of the terms and conditions specified herein shah be binding upon Supplier unless made in writing and signed by a duty authorized representative 01 Supplier The terms and conditions specified shah prevail notwithstanding any variance fro n the terms and conditions of any order or other form submitted by Buyer for the Products set forth on the face of this Agreement. To the extent that this wasting may be treated as an acceptance of Buyer's poor offer, such acceptance is expressly made conditional on assent by Buyer to the terms hereof, and, without timilation, acceptance of the goods by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer shall constitute such assent. All cancellations and reschedules require a minimum of thirty (30) days notice. ZOLL Medical Corporation `t City of National City, California COUNCIL AGENDA STATEMENT �vIEETING DATE May 19, 2009 AGENDA ITEM NO. 19 ITEM TITLE V arran ' egis er ° 4 or e peno Amount of $2,189,326.85 PREPARED BY D. Gallegos -Finance EXPLANATION. 0 roug DEPARTMENT Finance Jeanette L 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 04/15/09 through 04/21/09. In The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Clairemont Equipment 226492 Health Net 226524 Kaiser Foundation 226536 Public Emp Ret Sys 226570 Public Emp Ret Sys 226571 Amount 52,572.58 69,795.41 136,732.18 273,454.92 269,890.15 Explanation Bomag, Beacon Rops With Seat Belts Emp Health Ins. Emp Health Ins. PPE 03/23/09 PPE 04/06/09 Eav_ironmental Review Financial Statement Not applicable. N/A Account No. } STAFFSTAFLRECOMMENDATION Ratification of warrants in the amount of $2,189,326.85 BOARDJ COMMISSION RECOMMENDATION 1. Warrant Register #43 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/B0) 1/4 PAYEE GONZALES SAN DIEGO GAS & ELECTRIC AFLAC ALL FRESH ALL POINTS PUBLIC FUNDING, LLC AMERICAN ROTARY BROOM CO., INC ART D. NIELSEN PAINTING, INC. ASSI SECURITY ASSOCIATION OF ENVIRONMENTAL AWARD MASTER INTERNATIONAL INC BARTOLOME BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BJ'S RENTALS NATIONAL CITY#3 BOOT WORLD BOUND TREE CORPORATION CAPF CALBO LIFORNIA BAKING CO. _IFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CEB CEB CHEVRON & TEXACO BUSINESS CARD CITY OF GROVER BEACH CLAIMS MANAGEMENT ASSOCIATES CLAIREMONT EQUIPMENT COMPANY CLEAN HARBORS CORPORATE EXPRESS COUNTY CLERK COUNTY OF S D COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CT GEORGIOU PAINTING COMPANY D MAX ENGINEERING INC D MAX ENGINEERING INC DAILY JOURNAL CORPORATION DELL MARKETING CORP DELTA DENTAL DELTACARE (PMI) DEPARTMENT OF JUSTICE DEPT OF CONSERVATION :GO & SON PRINTING CO. 'N•,,..„..IELINE LUMBER CO. DON PIERCE & ROBERT J REYNOLDS DOUCETTE DREW FORD EVERSTRONG CONSTRUCTION INC. 0-- CALIFORNIA --�� NATIONAL a INCORPORATED WARRANT REGISTER # 43 4/21/2009 DESCRIPTION SUBSISTENCE: SD COUNTY WORKSHOP 1415 D AVE 02/18 - 03/19/09 ACCT BDM36 APRIL 2009 FOOD NEW FIRE TRUCK#2 LEASE PAYMT SWEEPER REPAIRS CITY-WIDE PAINTING PANIC BUTTON INSTALLATION CEQA STATURE & GUIDELINES RECOGNITION -FAREWELL PLATES REIMB FOR VIOLATION DISMISSED CLAIM COSTS: BALLARDO PERSONNEL ISSUES GRINDER FLOOR HIGH SPEED GAS MOP 64096 SAFETY BOOTS - PD MASIMO - PORTABLE PULSE CARBON FIRE/LTD APRIL 2009 CA BLDG OFFICIALS MEMBERSHIP BREAD PRODUCTS MOP 45754 PIN STANDARD KEY - PD WIRE PD/LTD APRIL 2009 AIR FILTER CA LAW OF CONTRACTS INTRODUCTION OF EVIDENCE UNLEADED GAS FIRE MARSHAL REGIONAL CLASS CLAIM ADJUST SVC FINAL INVOICE BOMAG, BEACON ROPS W SEAT BELTS HAZARDOUS WASTE PICKUP MOP 45704 MICROWAVE - CM-ATTY NOTICE OF EXEMPTION PERMIT TO OPERATE/DISTRICT FEES COST - DENSITY BONUS ORDINANCE RETENTION MARCH SERVICES 2009 DECEMBER 2008 SERVICES ANNUAL SUBSCRIPTION RENEWAL VOSTRO 220 MINI -TOWER DENTAL INS APR 2009 DENTAL INS PMI APR 2009 FINGERPRINT TEST SUBMISSION SMIP FEES, 1ST QTR 2009 NATIONAL CITY POLICE ID CARDS, PLUMBING MATERIALS CLAIM COSTS: PIERCE V NAT CITY SPRING CONFERENCE PARTS TO REPAIR POLICE CARS REFUND OF C&D DEPOSIT CHK NO DATE AMOUNT 226464 4/20/09 150.00 226465 4/20/09 1,874.22 226466 4/21/09 1,543.64 226467 4/21/09 1,248.19 226468 4/21/09 19,613.22 226469 4/21/09 1,483.01 226470 4/21/09 1,970.00 226471 4/21/09 2,430.00 226472 4/21/09 20.00 226473 4/21/09 90.26 226474 4/21/09. 35.00 226475 4/21/09 4,209.07 226476 4/21/09 387.00 226477 4/21/09 368.49 226478 4/21/09 117.43 226479 4/21/09 7,612.50 226480 4/21/09 592.00 226481 4/21/09 215.00 226482 4/21/09 156.00 226483 4/21/09 69.28 226484 4/21/09 71.18 226485 4/21/09 1,774.50 226486 4/21/09 133.21 226487 4/21/09 112.44 226488 4/21/09 105.65 226489 4/21/09 728.08 226490 4/21/09 320.00 226491 4/21/09 265.20 226492 4/21/09 52,572.58 226493 4/21/09 811.00 226494 4/21/09 476.90 226495 4/21/09 50.00 226496 4/21/09 365.00 226497 4/21/09 50.00 226498 4/21/09 1,772.19 226499 4/21/09 22,401.48 226500 4/21/09 20,307.61 226501 4/21/09 81.95 226502 4/21/09 22,421.45 226503 4/21/09 14,703.03 226504 4/21/09 3,485.75 226505 4/21/09 686.00 226506 4/21/09 138.16 226507 4/21/09 271.88 226508 4/21/09 616.04 226509 4/21/09 16,500.00 226510 4/21/09 51.41 226511 4/21/09 210.06 226512 4/21/09 2,113.30 {}.- CALIFORNIA --f1- 2/4 PAYEE FAST SIGNS FEDEX FERGUSON ENTERPRISES, INC FIRE ETC FRANK TOYOTA GISI GLADWELL GOVT SERVICES INC GOVERNMENT JOBS COM INC GRAINGER HAMILTON MEATS & PROVISIONS HD SUPPLY HEALTH NET HEALTH NET HEALTH NET HOME DEPOT HONEYWELL INC. HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. INFRASTRUCTURE ENGINEERING INTEGRATED BIOMETRIC INTERNATIONAL CODE COUNCIL INC JC TOWING JJJ ENTERPRISE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KITAGAWA HOME & OFFICE SUPPLY LASER SAVER INC LASER SAVER INC LOCAL GOVERNMENT PUBLICATIONS MAN K-9 INC. MANPOWER OF SAN DIEGO MCGUIRE DISTRIBUTION METRO FIRE & SAFETY MICHAL PIASECKI CONSULTING MILE OF CARS ASSOCIATION MILE OF CARS ASSOCIATION MISSION UNIFORM SERVICE MJC CONSTRUCTION MORGAN SQUARE INC MORGAN SQUARE INC MUNISERVICES LLC NATIONAL CITY ROTARY CLUB NATIONAL EMBLEM INC NATIONAL NOTARY ASSOCIATION NEXUS INTEGRATED SOLUTIONS OLIVER PRODUCTS COMPANY ORIENTAL TRADING. CO., INC. PADRE JANITORIAL SUPPLIES PADRE JANITORIAL SUPPLIES, INC NATION- L CITY INCORPORATED WARRANT REGISTER # 43 4/2 I /2009 DESCRIPTION BEIGE/DARK BROWN SIGN FEDEX OVERNIGHT DELIVERY CLAY WILDLAND FIRE PROTECTIVE GARMENTS 42621-AA070 CAP -WHEEL REIMB PAS DEVICE PAID INV#271629 RECORDS RETENTION IMPLEMENTATION EXPERT & CONSULTANT SERVICES DRAIN CLEANING MACHINE MEAT PRODUCTS PLUMBING MATERIAL OVER COUNTER HEALTH INS H0067A APRIL 2009 HEALTH -FULL NETWORK 57435A HEALTH-RET INS H0067F APRIL 2009 SMALL TOOLS FOR STREET DEPT MECHANICAL MAINTENANCE EMPLOYEE ASST PROGRAM - CITY MOP 45720 LOW VOC GLUE PINT ENGINEERING PLANNING SERVICES FINGERPRINTS SUBMISSION MAR'09 ICC CERTIFICATION RENEWAL MOP 68862 TOWING SVCS - PD CITY WIDE ALARM MONITORING KAISER INS ACTIVE APRIL 2009 KAISER RET INS APR 2009 CARD STOCK INKJET CARTRIDGES MOP 45725 INK CARTRIDGE -FINANCE LOCAL GOV'T PUBLICATIONS MAINTENANCE TRAINING - FEB 2009 WEEK ENDING 3-29-09 SERVICES MILK PODUCTS SERVICE CRYSTAL REPORTS UPDATES- MAR 09 FY08-09 APPORTIONMENT#9 FY08-09 APPORTIONMENT#8 LAUNDRY/CLEANING SERVICES INSTALLED SKATE STOPS FY08-09 APPORTIONMENT#8 FY08-09 APPORTIONMENT#9 SALES -DISTRICT TAX AUDIT SVCS NATIONAL CITY ROTARY CLUB POLICE PATCH, 8 COLOR EMBROIDERY NOTARY MEMBERSHIP RENEWAL PHONE SYSTEM (PBX) MAINTENANCE HOME DELIVERY TRAYS 2 CHENILLE 17" BLACK STRIP PAD JANITORIAL SUPPLIES CHK NO DATE AMOUNT 226513 4/21/09 47.74 226514 4/21/09 20.65 226515 4/21/09 119.31 226516 4/21/09 9,791.11 226517 4/21/09 175.41 226518 4/21/09 59.70 226519 4/21/09 1,920.00 226520 4/21/09 7,250.00 226521 4/21/09 1,914.33 226522 4/21/09 1,388.56 226523 4/21/09 729.06 226524 4/21/09 69,795.41 226525 4/21/09 12,506.08 226526 4/21/09 1,701.45 226527 4/21/09 925.17 226528 4/21/09 1,912.67 226529 4/21/09 737.48 226530 4/21/09 245.42 226531 4/21/09 2,415.0( 226532 4/21/09 32.00� 226533 4/21/09 70.00 226534 4/21/09 135.00 226535 4/21/09 900.00 226536 4/21/09 136,732.18 226537 4/21/09 7,536.79 226538 4/21/09 87.00 226539 4/21/09 97.66 226540 4/21/09 82.26 226541 4/21/09 119.56 226542 4/21/09 800.00 226543 4/21/09 960.00 226544 4/21/09 453.20 226545 4/21/09 492.31 226546 4/21/09 1,125.00 226547 4/21/09 9,936.92 226548 4/21/09 167.20 226549 4/21/09 201.66 226550 4/21/09 2,200.00 226551 4/21/09 5,617.52 226552 4/21/09 2,116.93 226553 4/21/09 17,272.44 226554 4/21/09 10.00 226555 4/21/09 1,253.39 226556 4/21/09 52.0 114.0 226557 4/21/09 428.00 226558 4/21/09 1,304.00 226559 4/21/09 197.58 226560 4/21/09 64.68 226561 4/21/09 270.82 +}- CALIFOR,N1A -+- 3/4 PAYEE PBS&J PERRY FORD PERSONNEL CONCEPTS PERVO TRAFFIC CENTER PHILLIPS POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM RANDAL H. BLAESI, ASA RELIANCE STANDARD ROSAS S & S WORLDWIDE GAMES S.D. COUNTY SHERIFF'S DEPT. SAN DIEGO PET & LAB SUPPLY SCANNING SERVICE CORPORATION SDG&E PSON `r.2IANO SOUTH COAST EMERGENCY SPARKLETTS WATER STEVENSON STRATACOM STRATACOM SUMMIT SUPPLY SWEETWATER AUTHORITY SYSCO SAN DIEGO TETRA TECH ISG #1 TETRA TECH ISG #1 THE JBC GROUPS, LLC THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. TW MOBILE ENGINEERING U S HEALTHWORKS UNITED STATES TREASURY WADE & ASSOCIATES WATERLINE TECHNOLOGIES WOOD & WOOD YATES EQUIFAX INFORMATION SVCS GEOSYNTEC CONSULTANTS 'HORIZON HEALTH EAP RASTRUCTURE ENGINEERING `.'SER SAVER INC MICHAL PIASECKI CONSULTING NBS POWER PLUS PRUDENTIAL OVERALL SUPPLY NAL I. a �--� L INCORPORATED WARRANT REGISTER # 43 4/21/2009 DESCRIPTION WASTEWATER FINANCIAL SERVICES LABOR AND SERVICE TO REPAIR GOVERNMENTAL PURPOSES WHITE CHALK REIMB FOR TRAVEL EXPENSES MOP 67839 D750U YELLOW SHARPENING SERVICE MOP 45742 TOWEL - PD SERVICE PERIOD 03-09-4 SERIVCE PERIOD 04-09-3 APPRAISAL COSTS VTL APR 2009 REIMB FOR VIOLATION DISMISSED SPECTRUM GAME EASY PACK OFFICIAL CAL -ID PROGRAM COSTS MOP 45753 DOG FOOD NC K9 - PD SCANNING OF BLDG DIVISION PERMITS FACILITIES DIVISION GAS & ELECTRIC REIMB FOR VIOLATION DISMISSED 125 PLAN REIMBURSEMENT BACKING ASSEMBLY, BUMPER DRINKING WATER POLICY COMMITTEE MEETINGS MOP 63845 LETTERHEAD IMPRINTS MOP63845 BUSINESS CARDS-PHILLIPS AIRCRAFT CABLE PERMA NET WHITE FACILITIES DIVISION WATER BILL FOOD/CONSUMABLES DEPOSIT #1288 18TH & G AVE DEPOSIT #1175 827 E 13TH STREET SB106 ANNUAL REPORT MOP 45726 LED BULB LIFE & AD&D STD LTD APR 2009 • 800 MHZ ANTENNA, 806-866MHZ, MEDICAL SERVICES 1ST QTR 2009-941 / 95-6000749 PRINCIPAL PROJECT MANAGER MUNICIPAL POOL CHEMICALS CLAIM COSTS CLAIM COSTS: YATES LAWRENCE CREDIT BACKGROUND CHECK FOR S8 EDUCATION VILLAGE EMPLOYEE ASST PROGRAM - CDC LIBRARY REMODEL MOP 45725 INK CARTRIDGE CRYSTAL REPORTS UPDATES - MAR 09 PBID ADMINISTRATION EQUIP RENTAL - AQUATIC CENTER MOP 45742 UNIFORMS -NEIGHBORHOOD CHK NO DATE AMOUNT 226562 4/21/09 1,143.00 226563 4/21/09 4,153.76 226564 4/21/09 1,093.13 226565 4/21/09 51.55 226566 4/21/09 368.79 226567 4/21/09 266.63 226568 4/21/09 45.00 226569 4/21/09 279.80 226570 4/21/09 273,454.92 226571 4/21/09 269,890.15 226572 4/21/09 3,500.00 226573 4/21/09 2,367.19 226574 4/21/09 50.00 226575 4/21/09 414.81 226576 4/21/09 8,150.00 226577 4/21/09 235.12 226578 4/21/09 1,050.00 226579 4/21/09 5,939.43 226580 4/21/09 10.00 226581 4/21/09 1,535.40 226582 4/21/09 3,742.83 226583 4/21/09 8.68 226584 4/21/09 150.60 226585 4/21/09 198.05 226586 4/21/09 31.54 226587 4/21/09 87.00 226588 4/21/09 15,149.59 226589 4/21/09 4,276.24 226590 4/21/09 978.92 226591 4/21/09 817.50 226592 4/21/09 900.00 226593 4/21/09 96.31 226594 4/21/09 10,251.74 226595 4/21/09 54.38 226596 4/21/09 603.00 226597 4/21/09 13.27 226598 4/21/09 15,868.00 226599 4/21/09 1,719.71 226600 4/21/09 31,638.66 226601 4/21/09 648.48 226602 4/21/09 79.67 226603 4/21/09 9,045 90 226604 4/21/09 114.56 226605 ' 4/21/09 11,292.00 226606 4/21/09 141.27 226607 4/21/09 1,125.00 226608 4/21/09 2,217.05 226609 4/21/09 195.00 226610 4/21/09 44.02 4/4 ��-- C.ALIFQRNIA,+ NATI c] ITT UV - INCORPORATED WARRANT REGISTER # 43 4/21/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT ROCKHURST UNIV CONT EDUC CTR REDEV LAW SEMINAR - SILVA 226611 4/21/09 525.00 SAN DIEGO GAS & ELECTRIC BAY MARINA DR WIDE - 20B 226612 4/21/09 1,446.00 XEROX CORPORATION LEASE PAYMENT 12/23/08 - 03/25/09 226613 4/21/09 439.19 Start Date End Date SECTION 8 HAPS PAYMENTS 4/8/2009 4/15/2009 PAYROLL Pad period Start Date End Date Check Date 8 3/24/2009 4/6/2009 4/15/2009 A/P Total 1,200,048.85 10,347.88 978,930.12 GRAND TOTAL $ 2,189,326.85 +�— CALIFORNIA —cf- NATIONALC W a&f.3c3ctt 'NCORPORATEv _-' Warrant Register # 43 4/21/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 136 TINY TOT CLASSES 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 348 STATE GRANT 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T&A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 1,558,165.84 27,056.95 21, 764.64 3,639.39 1,762.50 64,707.26 10,382.24 197.58 1,715.63 1,381.92 23,382.29 561.97 3,348.79 985.74 4,501.37 2,717.84 1,148.23 2,144.05 3,124.34 34,650.02 157.68 2,502.83 4,482.17 22, 511.02 5,232.46 6,059.85 2,200.00 31,651.42 559.25 99,330.10 1,419.93 49,140.45 56,958.03 2,930.75 2,740.55 24,851.45 1,876.54 18,218.62 23,232.30 52,572.58 9,450.56 1,796.42 2,113.30 2,189,326.85 City of National City, California COUNCIL AGENDA STATEMENT NimpnEETING DATE May 19, 2009 AGENDA ITEM NO. 20 ITEM TITLE Y arran - egis er Amount of $709,308.00 PREPARED BY D. Gallegos -Finance EXPLANATION_ or e pesoo roug in DEPARTMENT Financ&_- Jeanette LOdrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 04/22/09 through 04/28/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Padova Law Corp Pauley Equipment Public Emp Ret Sys Check# 226616 226680 226688 Amount Explanation 90,251.74 Liability Claim Costs 73,011.00 2-Tractors 273,352.85 PPE 04/20/09 Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $709,308.00 BOARD/ COMMISSION RECOMMENDATION 1. Warrant Register #44 ATTACHMENTS ( Listed Below) Resolution No. A-200 (Rey. 9/80) CALIFORNIA �+ 1/3 PAYEE BALLARDO MACIAS PADOVA LAW CORPORATION POWELL RAMIREZ WALTERS ACEDO AFFORTABLE BUTTONS AIRGAS - WEST ALL FRESH ALLEN BANK OF AMERICA BOOT WORLD BOYD C W REED JR CALIFORNIA BAKING CO. CENTURY WHEEL & RIM CESENA CHILDREN'S HOSPITAL CITY OF NATIONAL CITY CONDON CORPORATE EXPRESS COUNTY OF SAN DIEGO CRICKET COMMUNICATIONS DANIEL PEARCE/ RPM WELDING DEFRATIS DICERCHIO DOKKEN ENGINEERING DREDGE EWERT, PHILLIP FEDEX FIRE ETC GROSSMAN PSYCHOLOGICAL ASSOC. GUTIERREZ HAMILTON MEATS & PROVISIONS HANSON ERIC HOLLOWAY IDENTIX INC IMAGING PRODUCTS JAMES KAMAN INDUSTRIAL TECHNOLOGIES KIMBLE KOLANDA LA MAESTRA FAMILY CLINIC LOPEZ MANPOWER OF SAN DIEGO MARSHALL MUSIC NATIONAL 1-T1' — nut/ INCORPORATED WARRANT REGISTER # 44 4/28/2009 DESCRIPTION LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS MAY'09 CUSTOM PIN -BACK BUTTON BALLOON HELIUM FOOD/CONSUMABLES RETIREE HEALTH BENEFITS MAY'09 CREDIT CARD EXP - PD MOP 64096 SAFETY BOOTS - PD RETIREE HEALTH BENEFITS MAY'09 RETIREMENT 2000964-S90 MAY 2009 BREAD PRODUCTS WHEEL 16 X 7, 8-65, SINGLE, OEM,CAP REFUND PLAN CHECK FEES CHILD SEXUAL ABUSE EXAMS PETTY CASH - MARCH 2009 RETIREE HEALTH BENEFITS MAY'09 MOP 45704 OFFICE SUPPLIES-C ATTNY SHARE OF PARKING CITATION CELL PHONE NCPD CASE #0806435 LABOR -REPAIR HAND RAIL AT LIBRARY RETIREE HEALTH BENEFITS MAY'09 RETIREE HEALTH BENEFITS MAY'09 MARCH 2009 SERVICES RETIREE HEALTH BENEFITS MAY'09 RETIREE HEALTH BENEFITS MAY'09 SPECIAL HANDLING CHGS - FINANCE TRUE NORTH DUAL RADIO (2) ASSISTANCE PROG - APR/MAY/JUN 09 REPLACE DIR DEPOSIT-ACCT CLOSED MEAT PRODUCTS RETIREE HEALTH BENEFITS MAY'09 RETIREE HEALTH BENEFITS MAY'09 ANNUAL HELP DESK MAINTENANCE PANASONIC DMC-FZ28K LUMIX DIGITAL RETIREE HEALTH BENEFITS MAY'09 MAX 80 RIV 10 FT ROLLER CHAIN RETIREE HEALTH BENEFITS MAY'09 RETIREE HEALTH BENEFITS MAY'09 COMMUNITY HEALTH SUPPORT -DINNER TRANSLATION SVCS - 04/21/09 WEEK ENDING 04/12/09 NC COMMUNITY CONCERT BAND CHK NO DATE AMOUNT 226614 4/28/09 13,504.20 226615 4/28/09 13,644.76 226616 4/28/09 90,251.74 226617 4/28/09 10,860.11 226618 4/28/09 7,797.00 226619 4/28/09 6,568.05 226620 4/28/09 160.00 226621 4/28/09 305.10 226622 4/28/09 23.14 226623 4/28/09 1,819.83 226624 4/28/09 125.00 226625 4/28/09 275.00 226626 4/28/09 117.43 226627 4/28/09 145.00 226628 4/28/09 1,123.93 226629 4/28/09 638.85 226630 4/28/09 140.54 226631 4/28/09 2,031.00 226632 4/28/09 788.00 226633 4/28/09 676.06 226634 4/28/09 280.00 226635 4/28/09 328.82 226636 4/28/09 6,723.25 226637 4/28/09 105.00 226638 4/28/09 4,534.13 226639 4/28/09 120.00 226640 4/28/09 70.00 226641 4/28/09 29,160.89 226642 4/28/09 250.00 226643 4/28/09 160.00 226644 4/28/09 23.95 226645 4/28/09 38.06 226646 4/28/09 1,737.50 226647 4/28/09 107.88 226648 4/28/09 1,339.00 226649 4/28/09 135.00 226650 4/28/09 150.00 226651 4/28/09 1,143.00 226652 4/28/09 2,205.46 226653 4/28/09 140.00 226654 4/28/09 56.66 226655 4/28/09 300.00 226656 4/28/09 135.00 226657 4/28/09 50.00 226658 4/28/09 125.00 226659 4/28/09 1,446.40 226660 4/28/09 218.17 CALLFORNIA -+ 2/3 PAYEE MARTIN EVELYNE MARVISTA CONSTRUCTION MATI E NZO MCCABE MCGUIRE DISTRIBUTION MEYERS/NAVE MIRACOSTA COLLEGE MISSION UNIFORM SERVICE MOTOROLA MURRAY MYERS N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NOSAL, WILLIAM A PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES, INC PARTS PLUS AUTOSTORE #711 PARTS PLUS AUTOSTORE #711 PAULEY EQUIPMENT COMPANY PAUU PERRY FORD PERVO TRAFFIC CENTER POTTER POWERSTRIDE BATTERY CO INC PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY RCP BLOCK & BRICK INC. RUIZ SAFETY KLEEN SAK,S ALIGNMENT SD FIREFIGHTERS REGIONAL SEGALL SHORT, CRAIG STANDARD AUTO RECYCLING SYSCO SAN DIEGO TOPECO PRODUCTS ULTIMATE STAFFING SERVICES ULTIMATE STAFFING SERVICES UNION TRIBUNE PUBLISHING CO VCA MAIN ST ANIMAL HOSPITAL WEST GOVERNMENT SERVICES WESTFLEX INDUSTRIAL ZIETLOW, DAVID BEST BEST & KRIEGER LLP NATIONAL airy - INCORPORATED - WARRANT REGISTER # 44 4/28/2009 DESCRIPTION REFUND FOR SUPLICATE PAYMENT REFUND DEPOSIT#1232 PIER 32 RETIREE HEALTH BENEFITS MAY'09 RETIREE HEALTH BENEFITS MAY'09 MILK PRODUCTS MOU NEGOTIATIONS -LABOR ADVISE TUITION. FIELD EVIDENCE TECH LAUNDRY/CLEANING SVCS MOTOROLA MDC STANDARD SUPPORT RETIREE HEALTH BENEFITS MAY'09 RETIREE HEALTH BENEFITS MAY'09 ENHANCEMENT GRANT - MAR & APR 09 MOP 45735 COMING FROM DC MOP 72441 FABRIC FOR HEADLINER RETIREMENT SETTLEMENT MAY 2009 MOP 72448 WATER PUMP REPAIRS JANITORIAL SUPPLIES MOP 64946 BATTERY CHARGER MOP 64946 OIL FILTER 2 - 2009 KUBOTA TRACTORS RETIREE HEALTH BENEFITS MAY'09 MOP 45703 CK ENGINE LIGHT MOP 63846 SUPER STRIPE GRAY RETIREE HEALTH BENEFITS MAY'09 MOP 67839 TOOLS 5 GAL PAIL AQUEOUS PARTS CLEANER MOP 45742 UNIFORMS SERVICE PERIOD 04-09-4 RETIREE HEALTH BENEFITS MAY'09 YARD MASONRY SAND RETIREE HEALTH BENEFITS MAY'09 0038723871/M005551092-PICK UP/DISPOSAL LABOR TO REPAIR ANNUAL WELLNESS EXAMS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS MAY'09 PARTS TO REPAIR TRANSMISSION FOOD MOP 63849 WASHER FLAT TEMP STAFFING -NEIGHBORHOOD SVCS TEMP STAFFING - FIRE ADVERTISING FOR MARCH CONCERT K9 VET CARE AUTO TRACK DATABASE - MARCH 09 MOP 63850 ADJ HYDRANT WRENCH RETIREE HEALTH BENEFITS MAY'09 CYAC LEGAL MATTERS CHK NO DATE AMOUNT 226661 4/28/09 35.00 226662 4/28/09 15,000.00 226663 4/2809 100.00 226664 4/28/09 280.00 226665 4/28/09 429.05 226666 4/28/09 1,540 00 226667 4/28/09 130.00 226668 4/28/09 123.32 226669 4/28/09 21,672.00 226670 4/28/09 150.00 226671 4/28/09 140.00 226672 4/28/09 7,500.00 226673 4/28/09 738.33 226674 4/28/09 258.65 226675 4/28/09 1,065.60 226676 4/28/09 721.74 226677 4/28/09 263.06 226678 4/28/09 97.86 226679 4/28/09 224.81 226680 4/28/09 73,011.00 226681 4/28/09 340.00 226682 4/28/09 835.92 226683 4/28/09 454.04 226684 4/28/09 150.00 226685 4/28/09 441.53 226686 4/28/09 389.95 226687 4/28/09 358.10 226688 4/28/09 273,352.85 226689 4/28/09 190.00 226690 4/28/09 413.54 226691 4/28/09 310.00 226692 4/28/09 2,197.58 226693 4/28/09 562.48 226694 4/28/09 16,200.50 226695 4/28/09 1,925.00 226696 4/28/09 300.00 226697 4/28/09 798.75 226698 4/28/09 5,439 60 226699 4/28/09 33.69 226700 4/28/09 713.70 226701 4/28/09 87.96 226702 4/28/09 779.40 226703 4/28/09 1,089.37 226704 4/28/09 200.00 226705 4/28/09 56.54 226706 4/28/09 150.00 226707 4/28/09 5,186.11 • +r- CALIFORNIA --{� 3/3 PAYEE CALIFORNIA REDEVELOPMENT ASSO DESROCHERS GE CAPITAL HARRIS & ASSOCIATES HEALEY CONSTRUCTION CO HOUSING OPPORTUNITIES JOBS AVAILABLE INC. LASER SAVEfj INC NINYO & MOORE PYATOK ARCHITECTS INC RAULSTON RICK ENGINEERING CO SAN DIEGO TROLLEY INC STRADLING YOCCA CARLSON & SECTION 8 HAPS PAYMENTS NATIONAL CY INCORPORATED WARRANT REGISTER # 44 4/28/2009 DESCRIPTION REDEV LAW SEMINAR - SILVA RETIREMENT BENEFIT APRIL 2009 EQUIPMENT RENTAL FEES MSI DEMO FOODLAND MARKET HOME CLINIC SUBSCRIPTION -RECRUITMENT AD TONER FOR COLOR PRINTER ENVIRONMENTAL CONSULTING SVCS PARADISE CREEK REIMB MISC LUNCH MEETINGS BAY MARINA DR WIDENING/GATEWAY FLAGGING SERVICES REDEV PLAN AMENDMENT GEN SVCS Start Date End Date 4/22/2009 4/28/2009 CHK NO DATE AMOUNT 226708 4/28/09 525.00 226709 4/28/09 110.00 226710 4/28/09 209.48 226711 4/28/09 5,428.75 226712 4/28/09 39,473.06 226713 4/28/09 3,536.73 226714 4/28/09 35.00 226715 4/28/09 555.55 226716 4/28/09 8,799.90 226717 4/28/09 372.33 226718 4/28/09 129.50 226719 4/28/09 3,220.27 226720 4/28/09 16.97 226721 4/28/09 4,136.40 A/P Total 705,063.88 4,244.12 GRANT) TOTAL $ 709,308.00 + CALIFORNIA -0 ATo - L airy Inv Warrant Register # 44 4/28/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 212 PERSONNEL COMPENSATION FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 307 PROPOSITION A' FUND 312 STP LOCAL/TRANSNET HIGHWAY 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 302,259.79 133.76 118.24 2,031.00 35.74 34.33 10,123.27 2,197.58 6,469.53 12,960.40 2,135.61 1,431.20 29,160.89 15.20 4,244.12 59,398.42 12,336.63 4,602.77 144, 550.86 21,672.00 5,385.66 73,011.00 15,000.00 709,308.00 City of National City, California SECOND CITY COUNCIL AGENDA STATEMENT READING �SIEETING DATE May 19, 2009 AGENDA ITEM NO. 21 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.37 TO THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT SMOKING IN OPEN AIR DINING AREAS PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney This ordinance was introduced at the City Council meeting of May 5, 2009. After comments from a member of the public concerning the distance from an open air dining area within which smoking should be prohibited, there followed a discussion of this issue by the City Council. It was noted that existing State law prohibits smoking within 20 feet of a public building. The Council directed that the proposed ordinance be revised to prohibit smoking with 20 feet (instead of 5 feet) of an open air dining area. Environmental Review NI NSA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed ordinance A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate �. CCU .. 0.. ITED Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Prohibiting Smoking in Open Air Dinning Areas City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton I)A'I'E: April 29, 2009 Introduction At the City Council meeting of April 21, 2009, members of the South Bay Youth 4 Change made a presentation on the effects of second-hand smoke, and requested the Council consider enacting an ordinance that would prohibit smoking in open air dining areas. The City Council directed staff to prepare such an ordinance for consideration by the Council. Background Existing State law prohibits smoking in enclosed places of employment, with some exceptions including bars and taverns under certain conditions; the purchase, receipt, or possession of tobacco products by minors; smoking by public school students while on campus or attending school -sponsored activities; and smoking on playgrounds and tot lots, and within 20 feet of the entrance to a public buildings, while expressly authorizing additional regulation by local government. Chapter 9.36 of the National City Municipal Code implements the State law prohibitions against smoking in enclosed places of employment. Section 10.52.010 HH of the Municipal Code prohibits the possession of a lighted tobacco product or tobacco related product, or the chewing of such products in any City park, playground, or recreation facility. Chapter 9.38 of the Municipal Code contains comprehensive regulations restricting the sale, promotion, and display of tobacco products to minors. At the present time, neither the State nor the City of National City has enacted any law or ordinance prohibiting smoking in open air dining areas. The Proposed Ordinance The proposed ordinance would prohibit smoking in all "open air dining areas" located on private or public property, including the public right-of-way. In addition, smoking would be prohibited within 5 feet of an open air dining area, except while actively passing on the way to another destination. The ordinance defines "smoking" as possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a tobacco product, tobacco paraphernalia, or anv other weed or plant, including but not limited to a pipe, a hookah pipe, cigar, or cigarette of any kind. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 "Open Air Dining Area" is defined to mean any non -enclosed area located on private or public property made available to or customarily used by the general public that is designed, established, or regularly used for consuming food and/or beverages, or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to restaurants, hotels, bar standing and seating areas, patios, and coffee shops. The ordinance would be enforceable by any police officer, code conformance officer, building inspector, business license inspector, or fire inspector. In addition, the City Manager could designate persons from any of the City's departments as having the authority to enforce the ordinance. Violation of the ordinance would constitute an infraction, with the City Attorney's office having the discretion to elevate the offense to a misdemeanor. The proposed ordinance, if adopted, would be based on the following findings: • Scientific studies have concluded that cigarette smoking causes chronic lung disease; coronary heart disease; stroke; cancer of the lungs, larynx, esophagus, mouth, and bladder; and contributes to cancer of the cervix, pancreas, and kidneys.' • More than 440,000 people die in the United States from tobacco -related diseases every year, making it the nation's leading cause of preventable illness.' • The World Health Organizations (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide.' • The United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group "A" carcinogen, the most dangerous class of carcinogen.' Recommendation It is recommended that the proposed ordinance be considered for first reading as presented, or the City Council may wish to consider revisions to the ordinance. GEORGE I. EISER, III City Attorney GHE/gmo U.S. Department of health and Human Services, Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2002, 2 (2002), available at http://www.cdc.gov/tobacco/overview/oshaag.pdf (last accessed August 15, 2003). 2 U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Highlights Annual Smoking — Attributable Mortality, Years of Potential Life Loss, and Economic Costs - United States 1995-1999 (2002) MORBIDITY AND MORTALITY WEEKLY REPORT, available at http://www.cdc.gove/ttobacco/research data/economics/mmwr5114.highlights.htm (last accessed August 15, 2003). s U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Reducing Tobacco Use: A Report of the Surgeon General, 437 (2001). 4 U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Clean Indoor Air Regulations Fact Sheet (2001), available at http:/lwww.cdc.gov/tobacco/sgr/sgr 2000/factsheets/factsheet clean.htm (last accessed April 23, 2003). ORDINANCE NO. 2009 — 2318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.37 TO PROHIBIT SMOKING IN OPEN AIR DINING AREAS WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease; coronary heart disease; stroke; cancer of the lungs, larynx, esophagus, mouth, and bladder; and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, more than 440,000 people die in the United States from tobacco - related diseases every year, making it the nation's leading cause of preventable illness; and WHEREAS, the World Health Organizations (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group "A" carcinogen, the most dangerous class of carcinogen; and WHEREAS, with certain exceptions, State law prohibits smoking inside an enclosed place of employment, which prohibition is implemented by Chapter 9.36 of the Municipal Code; and WHEREAS, Section 10.52.101 (HH) of the National City Municipal Code prohibits possession of a lighted tobacco product or tobacco -related product in any City park, playground, or recreation facility; and WHEREAS, it is the intent of the City Council in enacting this Ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use around non -tobacco users, by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle, by protecting the public from smoking and tobacco -related pollution, and by affirming and promoting the family atmosphere of the City's public places. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.37, to read as follows: Chapter 9.37 Prohibition of Smoking in Open Air Dining Areas Sections: 9.37.010 Definitions 9.37.020 Smoking in Open Air Dining Areas --Prohibited 9.37.030 Enforcement 9.37.040 Severability 9.37.010 Definitions. A. "Enclosed" means any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside, such as, a covered porch with more than two walls. B. "Non -enclosed" means an open air area, typically outdoors, that does not meet the definition of "enclosed". C. "Open Air Dining Area" means any non -enclosed area located on private or public property made available to or customarily used by the general public that is designed, established, or regularly used for consuming food and/or beverages, or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to restaurants, hotels, bar standing and seating areas, patios, and coffee shops. D. "Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including but not limited to a pipe, a hookah pipe, cigar, or cigarette of any kind. 9.37.020 Smoking in Open Air Dining Areas --Prohibited. Smoking is prohibited in all open air dining areas located on private or public property, including the public right-of-way. In addition, smoking is prohibited within 20 feet of an open air dining area, except while actively passing on the way to another destination. 9.37.030 Enforcement. This Chapter may be enforced by any police officer, code conformance officer, building inspector, business license inspector, or fire inspector. In addition, the City Manager may designate persons from any of the City's departments as having the authority to enforce this Chapter. 9.37.040 Severability. The City Council declares that the invalidity of any section or Nui0 portion of this ordinance or the chapter or sections of the chapter thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Ordinance 2009 - 2318 2 Adding Chapter 9.37 Smoking In Open Air Dining Areas MEETING DATE 5-19 -09 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. SECOND READING 22 ITEM TITLE An Ordinance of the City Council of the City of National City Amending the National City Municipal Code Chapter 18.62 and local Coastal Program Implementation Document Section XII Pertaining to Signs and Outdoor Advertise g (Applicant: City Initiated) (Case File No. 2007-41 A. LCP) PREPARED BY Peggy Chapin 36-4319 DEPARTMENT Planning Division EXPLANATION The City Council held a public hearing on proposed changes to amend Chapter 18.62 of the Municipal Code on April 21, 2009 and voted to approve the Amendment regarding "Signs and Outdoor Advertising". The attached ordinance will fulfill that action. Environmental Review Financial Statement N/A NIA Exempt pursuant to CEQA Section 15061(b)(3) Approved By: Finance Director Account No. STAFF RECOMMENDATION PgP Adc7pt Ordinance BOARD / COMMISSION RECOMMENDATION The Commission voted to recommend approval of the Amendment to the Sign Ordinance (5-0-2) ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2009 — 2319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS, AND AMENDING THOSE PORTIONS OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION DOCUMENT REFERENCING SIGNS AND OUTDOOR ADVERTISING DISPLAYS BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. Chapter 18.62 of the National City Municipal Code, which is applicable City-wide and within the City of National City's Coastal Zone, is hereby amended to read as follows: Chapter 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent. 18.62.020 Unlawful display of signs or banners — Prohibited. 18.62.030 Definitions. 18.62.040 Site plan review --Required. 18.62.050 Design. 18.62.060 Uniform Building, Electrical, and Mechanical Code compliance --Required. 18.62.070 Maintenance. 18.62.080 Removal from abandoned site or building. 18.62.090 Permanent signs permitted in all zones. 18.62.100 Flags and banners --Regulated. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. 18.62.120 Large permanent signs in shopping centers. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. 18.62.140 Pole -mounted or freestanding signs in commercial, manufacturing, and institutional zones. 18.62.150 Roof -mounted signs. 18.62.160 Revolving signs in commercial and manufacturing zones. 18.62.170 Temporary signs permitted in all zones. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. 18.62.185 Mobile billboards 18.62.190 Signs for churches. 18.62.200 Mural -type signs in commercial zones. 18.62.210 Signs prohibited in all zones. 18.62.220 Nonconforming signs. 18.62.230 Constitutional severability. 18.62.240 Non-commercial speech. 18.62.010 Purpose and intent. The purpose and intent of this Chapter is to: A. Aid in the identification of properties, land uses, and enterprises; B. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; C. Enhance the general appearance and aesthetics of the urban environment; and D. Protect the natural beauty of the city's open space. 18.62.020 Unlawful display of signs and banners --Prohibited. A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to install, maintain, or allow the installation or maintenance of a sign or banner as defined in this Chapter in any zone. B. The reference to a specific prohibition in this Section 18.62.020 shall not affect the validity and effect of the general prohibition set forth in Section 18.02.080 or its application regulating the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code, nor shall it affect Chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. Chapter 18.62 shall not apply to any governmental agency or to any regulatory sign prescribed or required by federal or State law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. E. Within this Chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it shall be so designated. Unless so designated, off -site displays are prohibited. 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in Chapter 18.04, the following definitions or concepts shall be applicable: A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. B. "Bunting" is a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. C. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. D. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, Tight emitting diodes, or moveable background material. E. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. G. "Freestanding sign" means a sign which is permanently supported on the ground by one (1) or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. H. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to frontage when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. Ordinance No. 2009 — 2319 2 Signs and Outdoor Advertising Displays I. "Height." The distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. J. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. K. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. L. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. M. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. N. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. O. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. P. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located. Q. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. R. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. S. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. T. "Pennant" is a banner with three sides. U. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." V. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one (1) or more uprights, braces, poles, or other similar structural components. W "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. X "Shopping Center" shall mean a group of commercial buildings as defined in Section 18.04.596. Ordinance No. 2009 — 2319 3 Signs and Outdoor Advertising Displays "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a message is conveyed which is placed outdoors in any zone or is visible to the exterior of a commercial or industrial building or structure. It shall include a banner and any of the following: 1. Any advertising display defined in Section 9.32.010. 2. Any message painted, printed, or otherwise produced or affixed on or to: a. The exterior of a building or structure; b. A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free-standing; or c. An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole, or the ground. Z. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. AA. "Visible to the exterior" refers to the placement of a sign or banner within the interior first 8 feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. 18.62.040 Site plan review --Required. A. Except as exempted in Section 18.62.040(B), signs allowed by this Chapter may not be installed until a site plan review is conducted (see Chapter 18.128), and a finding of compliance with the design criteria in Appendix A of the National City Land Use Code by the planning director is completed. Signs that are not consistent with the design criteria outlined in Appendix A of the National City Land Use Code may not be installed. This determination may be appealed pursuant to the provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020. B. Site plan review shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Site plan review is not required for signs allowed by Sections 18.62.090, 18.62.100, and 18.62. 170. 18.62.050 Design. The design of all signs shall comply with the design guidelines described in Appendix A of the National City Land Use Code, "Standards for On -Premises Signs." It shall be the duty of the planning commission to interpret these guidelines in the manner prescribed in Section 18.134.020. 18.62.060 Uniform Building, Electrical and Mechanical Code compliance --Required. No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the city. Permits for installation shall be obtained, when required, prior to any installation, from the director of building and safety. 18.62.070 Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within thirty days from the date of notification from the city. Ordinance No. 2009 — 2319 4 Signs and Outdoor Advertising Displays 18.62.080 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated, or abandoned for any reason for a period of more than 120 consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty days following notice from the city. Removal, painting out, or obliteration shall be performed in a manner that does not create a blighting influence. 18.62.090 Permanent signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review pursuant to Section 18.62.040 shall not be required. A. Permanent Signs. 1. Size. The display on any parcel of any single sign, flag, or banner that is less than 6 square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of 3 square feet in size per sign and total area combined does not exceed 9 square feet. C. Freestanding or Monument Signs. A maximum of two freestanding or monument signs not to exceed a total of 100 square feet, are permitted for single-family subdivisions, multi- family developments, or mobile home parks. D. Official flags. Up to three official flags of the Unites States, the State of California, or other states of the nation, counties, municipalities, and official flags of sovereign nations. Proposals for more than three flags require a sign permit and site plan review. If flags are to be displayed on vertical flagpoles, these poles shall be permanently installed with appropriate building permits. Flags of nationally or internationally recognized organizations and corporate or business flags are only permitted if displayed in conjunction with the United States flag. The Flag Code of the United States shall be observed at all times. 18.62.100 Flags and banners --Regulated. A. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of 25 feet above the ground. B. Flags and banners may be displayed on other commercial and industrial uses for a cumulative period of 60 days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated city enforcement costs in causing the applicant to remove flags or banners shall be paid to the city treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of flags and banners: 1. Flags and banners must be removed by the owner or occupant within 15 days after a determination by the planning director that the display is improperly maintained or the flag or banner is tattered or worn. 2. Flags and banners shall not be displayed in lieu of a permanent sign. 3. Violation of the time limits established by Subsection B shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. Ordinance No. 2009 — 2319 5 Signs and Outdoor Advertising Displays 4. The restrictions of this Section shall also apply to signs and banners located within the first 8 feet of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. Except in shopping centers, large permanent signs (those exceeding 25 square feet in area) may be installed on or along the face of a building in commercial, manufacturing or institutional zones, subject to the following specifications and restrictions: A. Signs shall be limited to one sign per business premise per frontage along a street, freeway, or parking lot. B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the area of the building face or 4 square feet of sign for each linear foot of building face along that frontage, whichever is greater. C. Sign area on a secondary frontage shall not exceed fifteen percent (15%) of the area of the building face or 2 square feet per linear foot of secondary frontage, whichever is greater. D. The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than 18 inches from a building face unless an exception is approved pursuant to site plan review. 18.62.120 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of these signs shall conform with the standards specified by Subsections 18.62.110(C) and (D) as well as standards that may be applied through any required city council or planning commission approval, including but not limited to a conditional use permit, planned development permit, specific plan, or variance. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. Any permanent sign measuring Tess than 25 square feet and not described elsewhere in this Chapter shall be considered a small permanent sign that shall only be permitted in commercial, manufacturing, and institutional zones as follows: A. Small permanent signs shall be permitted only in windows or along the face of a building. B. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent (10%) of the wall or elevation on which the sign is placed. 18.62.140 Pole -mounted or freestanding signs in commercial, manufacturing, and institutional zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing zones, subject to the following requirements: A. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway, or parking lot, and may include a cluster sign identifying individual businesses on the parcel(s). B. The total area of any sign installed along the primary frontage shall not exceed 4 square feet per lineal foot of property on the primary frontage. C. The total area of any sign installed along each secondary frontage shall not exceed 2 square feet per lineal foot of property on the secondary frontage. D. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. Ordinance No. 2009 — 2319 6 Signs and Outdoor Advertising Displays 18.62.150 Roof -mounted signs. A. Except as provided in Subsection B, signs shall not be installed on roofs in any zone. B. Roof signs may be authorized in commercial and manufacturing zones if the planning commission determines that no other form of sign arrangement can effectively serve to advertise on -premises goods, services, or businesses. The maximum total area of a roof sign shall not exceed thirty percent (30%) of the area of the front building face of the building upon which the sign is to be located. Authorized roof -mounted signs shall not project outward over the face of the building. 18.62.160 Revolving signs in commercial and manufacturing zones. Signs that revolve shall be restricted to those that rotate 360 degrees and no more than 8 revolutions per minute. Revolving signs shall be permitted only in commercial and manufacturing zones. 18.62.170 Temporary signs permitted in all zones. A. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at single-family residential construction projects shall be 20 square feet per street frontage. 2. The maximum area of signage at other construction projects shall be 50 square feet per street frontage. 3. For any request for square -footage exceeding the limits set forth in Subsections A.1. and A.2., a Temporary Use Permit is required, the granting or denial of which shall be based solely on objective criteria such as time, location, and size. 4. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two temporary signs on currently for sale or for lease property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed by this section per parcel per street frontage in commercial, manufacturing, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed by this Section per parcel per frontage in single-family residential zones is 6 square feet. 3. These signs shall not be lighted. 4. Signs shall be removed within 10 days following the lease or sale of the premises on which the sign is displayed. C. Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State law. D. Additional temporary signs erected due to an event are permitted as follows: 1. Commercial/Manufacturing/Multi-Family/Institutional Zones. a. One or more temporary signs, each of which is 32 square feet or less in area, shall be permitted per parcel. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent (10%) of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This Section shall not apply to existing billboards. d. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. Ordinance No. 2009 — 2319 7 Signs and Outdoor Advertising Displays 2. Single-family Residential Zones. a. A maximum of 6 square feet of such total temporary signage is permitted per parcel, excepting corner Tots, on which 16 square feet of such total temporary signage is permitted per parcel. b. Permission of the property owner or occupant where the sign is placed shall be required. c. No temporary signs are permitted in the public right-of-way. E. Removal. If the signage was erected for an event, such signage shall be removed within 10 days after the event. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. A projecting sign may be permitted in all commercial, manufacturing, and institutional zones, subject to the following conditions: A. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in subsection D. B. The maximum height of projecting signs shall be 12 feet, and may project above any eave or parapet of less than 12 feet in height, but may not project inward over any such eave or parapet. C. The maximum area of a projecting sign shall be 32 square feet. D. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width, but in no case shall the projection exceed that allowed for marquee signs as set forth in Appendix A of the National City Land Use Code. For the purpose of this Section, "street parkway" is defined as that part of the public street right-of-way Tying between the front property line and the edge of the roadway. E. No more than one projecting sign shall be placed on each street frontage per business premises. F. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. G. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.62.185 Mobile billboards. A. It is unlawful for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street or other public place within the city in which the public has the right of travel. B. Mobile billboard advertising includes any vehicle or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising. C. This section shall not apply to: 1. Any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements; 2. Buses; or 3. Taxicabs. 18.62.190 Signs for churches. The size and placement of signs for church uses shall be subject to Sections 18.62.110 through 18.62.180, and 18.62.200. For church uses located in the RM-1, RM-2 and RM-3 zones, the following may be displayed: Ordinance No. 2009 — 2319 8 Signs and Outdoor Advertising Displays One wall mounted sign not to exceed twenty square feet in area, and one freestanding changeable copy directory sign not to exceed 6 feet in height and 20 square feet in area; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. 18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding 110 square feet in area shall be allowed in commercial zones in lieu of a fixed sign. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020(A), the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way. C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Sections 18.62.090(B) and 18.62.170(B), signs on vacant or unimproved land. F. Any sign whose intensity of illumination or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of 60 watts per bulb maximum, and shall not flash more than 60 times per minute. "Chasers" are prohibited. 2. High intensity neon lights, tubes, or flashing lights exceeding 60 watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or herein Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under Chapter 15.60. J. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding 25 square feet mounted on motor vehicles parked for more than 8 hours in any 24 hour period on private property. 18.62.220 Nonconforming signs. Any sign that is made non -conforming by enactment of Ordinance 2001-2192 may continue to be maintained or displayed subject to the provisions of Section 18.108.150 regarding the continuance and abatement of nonconforming signs. 18.62.230 Constitutional severability. The city council declares that the judicial invalidity of any section or portion of this Chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this Chapter. Ordinance No. 2009 — 2319 9 Signs and Outdoor Advertising Displays 18.62.240 Non-commercial speech. Anywhere that commercial signage is allowed, non-commercial signage is allowed subject to the same restrictions as those set forth for commercial signage, but not in addition to such allowance. Section 2. Section XII of the National City Local Coastal Program Implementation document, which is applicable within the City of National City's Coastal Zone, is hereby amended to read as follows: A. Purpose Section 18.62.010 of the Land Use Code states that the purpose and intent of signs and outdoor advertising regulations are to: a. Aid in the identification of properties, land uses, and enterprises; b. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; c. Enhance the general appearance and aesthetics of the urban environment; and d. Protect the natural beauty of the City's open space. City standards for signing are referenced by visual resources policy 5 of the Land Use Plan. B. Regulations No additional changes are anticipated to National City's ordinances for signs and outdoor advertising. For complete requirements related to signing, refer to Chapter 18.62 of National City's Land Use Code. The sections of the Land Use Code, which are listed below, implement the Land Use Plan. Reference to Section X of the LCP Implementation document is also required. Visual resources policies 2 & 4 of the Land Use Plan provide that appropriate signing for development in the area of Paradise Marsh and adjacent recreational and tourist commercial uses be determined by a specific plan. Implementing Land Use Code sections: 18.62.010 (Purpose and intent) 18.62.020 (Unlawful display of signs or banners — Prohibited) 18.62.030 (Definitions) 18.62.040 (Site plan review required) 18.62.050 (Design) 18.62.060 (Uniform Building, Electrical, and Mechanical Code compliance required) 18.62.070 (Maintenance) 18.62.080 (Removal from abandoned site or building) 18.62.090 (Permanent signs permitted in all zones) 18.62.100 (Flags and banners — Regulated) 18.62.110 (Large permanent signs in commercial, manufacturing, and institutional zones) Ordinance No. 2009 — 2319 10 Signs and Outdoor Advertising Displays 18.62.120 (Large permanent signs in shopping centers) 18.62.130 multi -family zones. 18.62.140 institutional zones) 18.62.150 18.62.160 18.62.170 18.62.180 18.62.185 18.62.190 18.62.200 18.62.210 18.62.220 18.62.230 18.62.240 ATTEST: (Small permanent signs in commercial, manufacturing, institutional, and (Pole -mounted or freestanding signs in commercial, manufacturing and (Roof -mounted signs) (Revolving signs in commercial and manufacturing zones) (Temporary signs permitted in all zones) (Projecting signs in commercial, manufacturing, and institutional zones) (Mobile Billboards) (Signs for churches) (Mural -type signs in commercial zones) (Signs prohibited in all zones) (Nonconforming signs) (Constitutional severability) (Non-commercial speech) PASSED and ADOPTED this 19th day of May, 2009. Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Ordinance No. 2009 — 2319 11 Signs and Outdoor Advertising Displays IEETING DATE _5-19-09 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING AGENDA ITEM NO. 23 ITEM TITLE An Ordinance of the City Council of the City of National City Amending the I larbor District Specific Area Plan of the Local Coastal Program Pertaining to Signs. (Case File No. 2009-2 LC'PA) PREPARED BY Peggy ('hapi 6-4319 DEPARTMENT Planning Division EXPLANATION On April 22. 2009. the City Council conducted a public hearing on proposed changes Section 5.3.4 Signs of the Ilarbor District Specific Area Plan. The ('ouncil approved the proposed changes. 'Me attached ordinance «rill fulfill that action. Environmental Review N/A Supplemental FIR was certified in 1999. No changes in land use are proposed therefore. no further environmental review is required. Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATION - Adopt Ordinance BOARD / COMMISSION RECOMMENDATION On April 6, 2009, the Planning Commission recommended approval of the amendment t6 the I !arbor District Specific Area Plan, Section 5.3.4 Vote: Ayes -Flores, Reynolds, Alvarado, Pruitt, Farias. Absent: DeLaPaz, Baca ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2009 — 2320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE HARBOR DISTRICT SPECIFIC AREA PLAN OF THE LOCAL COASTAL PROGRAM BY AMENDING SECTION 5.3.4 PERTAINING TO SIGNS BE IT ORDAINED by the City Council of the City of National City that the Harbor District Specific Area Plan of the Local Coastal Program is amended by amending Section 5.3.4 pertaining to Signs to read as follows: 5.3.4 Signs Signs in the Planning Area shall be regulated as follows: (a) Public access and directional signs shall be at a minimum be located at or near all street intersections, where public accessways cross each other or with streets, at and near the 24th Street Trolley Station, and along 1-5 north and south of the 24th street off -ramps. Signs shall be consistent with the format and appearance of the Joint Coastal Commission — State Coastal Conservancy Public Access Guidelines. (b) Building -mounted signs shall be allowed in Subareas A and B, provided that they : (1) Serve each Subarea respective commercial or marina -related industrial uses only; (2) Are consistent with the sizes permitted in Section 18.62.110 of the City of National City Land Use Code; (3) Do not illuminate any part of Paradise Marsh, adjacent delineated wetlands, habitat buffers, or environmentally sensitive areas; and (4) Are located at least one foot (1') below the Marsh View Plane. (c) Poles signs and roof -mounted signs are prohibited throughout the Planning Area. (d) Off -site commercial advertising signs are prohibited throughout the Planning Area. (e) No provision of this Section shall be deemed to supersede applicable and more stringent provision of the National City Land Use Code regarding signs. (f) Environmental, Cultural, and historical interpretive signs may be placed in park and plazas, along public accessways and bicycleways, and along the landward side of habitat buffers in consultation with, and pursuant to agreement of, the USFWS, provided they are compatible with the Marsh View lane and all applicable provisions of Chapter 3. Environmental interpretive signs should identify and explain the native plants and animals within the National Wildlife Refuge, adjacent delineated wetlands, wetland habitat buffers, Paradise Creek, and other nearby environmentally sensitive areas. (9) Up to three (3) official flags as defined in the Land Use Code may be displayed provided the flag poles do not exceed thirty feet (30') in height, are not located within the Marsh View Plane, and are provided with nixilite, or similar material, where appropriate to discourage perching of raptors. (h) All other signage shall be consistent with Land Use Code Chapter 18.62. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2009 Ordinance 2 Harbor District Specific Area Plan: Signs City of National City, California COUNCIL AGENDA STATEMENT `✓MEETING DATE May 19, 2009 AGENDA ITEM NO. 24 iEM TITLE Resolution of the City Council of the City of National City electing to exercise the provisions of Government Code Section 20903, with the purchase of two additional service years for the single incumbent classification of Director of Planning as a result of a planned consolidation of departments. PREPARED BY Stacey Steve son DEPARTMENT Human Resources EXPLANATION Sec attached staff report Environmental Review X N/A Financial Statement fhe total cost of the purchase of two additional years of service credit for the Director of Planning position is $93,302.63. This cost will be included in the City's employer contribution rate commencing in Fiscal Year 2011-2012. Based on the formula provided by PERS, the increase in the employer contribution rate will be 0.0006. This increase in contribution rate may continue for as long as 20 years. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ELECTING TO EXERCISE THE PROVISIONS OF GOVERNMENT CODE SECTION 20903 WITH THE PURCHASE OF TWO ADDITIONAL SERVICE YEARS FOR THE SINGLE INCUMBENT CLASSIFICATION OF DIRECTOR OF PLANNING AS A RESULT OF A PLANNED CONSOLIDATION OF DEPARTMENTS, WITH A 90 DAY FILING WINDOW, EFFECTIVE MAY 20, 2009 WHEREAS, it is the intent of the City Manager to create a Development Services Department by merging the Engineering Department with the Planning and Building Department, resulting in the elimination of the position of director of the Planning Department; and WHEREAS, as authorized under Government Code Section 20903, it is recommended that the single incumbent classification of Director of Planning be designated eligible to retire with two additional years of service credit, on the condition that the eligible employee retire within ninety days, effective May 20, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to exercise the provisions of Government Code Section 20903, and designates the incumbent Director of Planning eligible to retire with two additional years of service credit, on the condition that the eligible employee retire within ninety days, effective May 20, 2009. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney NN ^� INCORPORATED -J CITY OF NATIONAL CITY MEMORANDUM DATE: May 19, 2009 TO: Honorable Mayor and City Council FROM: Stacey Stevenson, Director of Human Resources SUBJECT: Staff Report: Resolution of the City Council of the City of National City to Become Subject to the Provisions of Section 20903, Purchase of Two Additional Service Years for the Single Incumbent Classification of Director of Planning as a Result of a Planned Consolidation of Departments. As discussed at the May 5, 2009 meeting of the City Council, the City Manager has enacted a number of personnel efficiency measures. Since 2004, there has been a 27% reduction in executive and management staff. Effective July 1, 2009, 15 executive or management level positions will have been eliminated resulting in an estimated $1.3 million dollars in annual savings. The efforts have included the merging of the Building and Planning Departments and the merging of the Purchasing Division and the Finance Department, each resulting in the elimination of a vacant executive and management position, respectively. It is now the intent of the City Manager to create a Development Services Department by merging the Engineering Department with the Planning & Building Department. In doing so, one of the two existing department director positions will be eliminated. With both positions filled, said consolidation results in a layoff scenario. The incumbent impacted by the layoff is eligible for retirement. Based on the above, as authorized under Government Code Section 20903, staff hereby requests that the City Council: A. Designate the single incumbent classification of Director of Planning eligible to retire with two additional years of service credit. B. Designate a ninety day period, effective May 20, 2009 during which the eligible employee must retire in order to receive the additional service credit. The impending layoff constitutes 100% of the designated job classification, resulting from the proposed reorganization for personnel efficiencies. Consistent with Government Code Section 20903, at least one vacant position within the City organization shall remain permanently unfilled resulting in . overall reduction in the workforce. City of National City, California COUNCIL AGENDA STATEMENT 'EETING DATES 05-19-09 AGENDA ITEM NO. 25 ----- (--- ITEM TITLE Resolution of the City Council of the City of National City Ratifying a Side Letter to the Memorandum of Understanding between the City and the National City Police Officers' Association, Modifying the Overtime Provisions for Sworn Personnel Assigned to Police Canine Duty on a Permanent Basis. PREPAR D BY DEPARTMENT Steve son (336-4308) Iluman Resources Director EXP ATION The current Memorandum of Understanding between the City of National City and the National City Police Officers' Association (POA), ratified by the City Council on December 19, 2006 includes a provision to compensate Police Officers, Corporals (previously titled Senior Police Officers) and Sergeants permanently assigned to the Police Department's Canine Program at an overtime rate for travel to and from the workplace. City staff and the POA have agreed that, in order to more accurately reflect the off duty activities performed by Canine Officers, the overtime compensation should be for duties associated with the off duty care and maintenance of the Police Canine. Police Canines reside with the Officer. As such, while off duty, Canine Officers are responsible for performing routine off -duty care and maintenance of the Canine (feeding, watering, exercising, grooming, administering any medication), the take home police vehicle and the facilities used to house the canine, including routine daily obedience training of their Canine. After investigation and discussion of this matter, the City and POA have reasonably determined that 30 minutes per day is the average time spent on such routine off duty activities. As a result, the agreed upon compensation shall be three and one-half (3.5) hours per week (seven (7) hours per pay period) at the overtime rate. Environmental Review ✓ N/A Financial Statement The modified overtime provision for the Police canine duty is estimated to cost the City $34,382.00 per year. The cost will increase proportionately as officers' salaries increase. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Side Letter to Memorandum of Understanding between the City of National City Police Officers' Association, and the City of National City. Police Canine Duty Pay. A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION MODIFYING THE OVERTIME PROVISIONS FOR SWORN PERSONNEL ASSIGNED TO THE POLICE CANINE DUTY ON A PERMANENT BASIS WHEREAS, the current Memorandum of Understanding between the City and the National City Police Officers' Association (POA) ratified by the City Council on December 19, 2006, includes a provision to compensate police officers, corporals (previously known as Senior Police Officers), and sergeants permanently assigned to the Police Department's Canine Program at an overtime rate for travel to and from the workplace; and WHEREAS, the City and the POA have agreed that, in order to more accurately reflect the off -duty activities performed by canine officers, the overtime compensation should be for duties associated with the off -duty care and maintenance of the police canine; and WHEREAS, it has been determined that 30 minutes per day is the average time spent on the off -duty care and maintenance of police canines, and as a result the agreed upon compensation shall be three and one-half (3.5) hours per week at the overtime rate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Side Letter to the Memorandum of Understanding between the City and the National City Police Officers' Association modifying the overtime provisions of sworn personnel assigned to police canine duty on a permanent basis. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment SIDE LETTER TO MEMORANDUM OF UNDERSTANDING EFFECTIVE JULY 1, 2006 THROUGH JUNE 30, 2009 BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND THE CITY OF NATIONAL CITY POLICE CANINE DUTY PAY Effective upon Council approval of this Side Letter, the City shall modify compensation for travel time and for off -duty care and maintenance of Police Service Dogs ("Canines") for Police Officers, Senior Police Officers (Corporals) and Police Sergeants assigned to Police Canine duty on a permanent basis. This Side Letter will serve as the controlling document for issues related to the compensation for off -duty care and maintenance of Canines for eligible Police personnel assigned to Police Canine duty on a permanent basis. Articles 12 of the Memorandum of Understanding (MOU) will be modified to eliminate travel pay for Canine Officers and to add a specific provision for the off- duty care and maintenance of Canines. NCPOA and the City have determined that the time spent by each Police Officer assigned Canine duty performing off -duty, at-home care or maintenance of the Police Service Dogs, their kennels and the K9 transport vehicles assigned to them, both on on -duty and on off -duty days, varies between Officers and between days. NCPOA and City agree that it is impractical to determine the precise amount of time each handler performs required off -duty, at-home care and maintenance work as it relates to the Canines. The City and NCPOA, through investigation and discussions with current and former Canine llandlers, have determined that on average 30 minutes per day is an adequate and reasonable amount of time to complete the necessary at-home care and maintenance activities. The parties have agreed that providing Canine Officers with 30 minutes per day, at the overtime rate, is a reasonable agreement and in compliance with the FLSA and 29 C.F.R. § 785.23. Canine Officers will not be required to document the actual amount of time they spend on these duties. The City and the NCPOA's understand there are aspects of work schedules and overtime that cannot be fully anticipated, and that the parties may need to utilize labor management meetings to discuss unforeseen circumstances should they arise. ARTICLE 12: OVERTIME 5 (d) Those e p!oyees elassif ed s Police Of�f:ce, Senior v lice Office.. P„lice Ser nt and 1 llV.lt. V111rJ1V�t. L.J L.1 U.�JI1l�.�UJ S Vll , o assigfi od Police ,aog/a„imal handler dut y o „lar b shall r e half hour of overtime p , f r o eh full shift act,l workplace "Those employees classified as Police Officer, Corporal or Police Sergeant who are assigned Police Canine duty on a regular basis shall receive three and one-half (3.5) hours of overtime per week (7 hours per pay period) to compensate them for the routine care and maintenance of their assigned Canine. Care and maintenance includes routine off -duty care and maintenance of the Canine (feeding. watering. exercising. grooming. administering any medication), the take home police vehicle and the facilities used to house the canine. including routine daily obedience training of their Canine. Periodic duties, such as taking the Canine to the veterinarian, the purchase of dog food or supplies, more extensive cleaning of the police vehicle, repairs to the police vehicle, repairs to or construction of the facilities used to house the Canine, and time spent with the City's Canine trainer, are not considered to be routine care and maintenance activities, and are not intended to he compensated by this agreement. All such periodic duties shall be performed during the Police Canine Handler's assigned shift. Any need for overtime beyond the 3.5 hours per week and/or outside the scope of routine care and maintenance must be specifically ordered, requested, and approved by the Canine Lieutenant or a designated representative. Requests to repair the police vehicle and the facilities used to house the Canine shall he made to the Public Works Department during the Canine Officer's shift. For the purpose of consistency in language only, the following revisions to Article 11, Pay Differential shall also be in effect for the duration of this side letter agreement. ARTICLE 11: PAY DIFFERENTIAL Section 2: Those employees classified as Police Officer, Seni Officer Corporal or Police Sergeant and assigned Police Dog/^ nimal Handier Canine duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. City of National City, California COUNCIL AGENDA STATEMENT ,„,,,,AEETING DATE May 19, 2009 AGENDA ITEM NO. 26 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO WAIVE THE FORMAL BID PROCESS AND AUTHORIZE THE PURCHASE OF A PIERCE ARROW XT 105' QUINT TRUCK FROM PIERCE MANUFACTURING FOR THE NATIONAL CITY FIRE DEPARTMENT FOR A TOTAL OF $953,669 PREPARED BY Walter Amedee OP— DEPARTMENT Homeland Security Manager EXPLANATION As allowed by Purchasing Ordinance #1480, Section 1F, this award will be made as a result of competitive bids solicited by the City of Santa Clara, where Pierce Manufacturing, was determined to be the lowest responsive, responsible bidder, and was awarded their bid for a Pierce Arrow XT 105' Quint Truck. Pierce Manufacturing is pleased to offer the City of National City the opportunity to take advantage of this competitive bid price. The City of Santa Clara specification did not include modifications required by the City of National City. Their award was made for $759,335.1.3 unit price ($821,980.28 with tax). Due to equipment modifications, National City's cost will be $868,947.00 ($953,669.33 with tax). The City of Santa Clara bid fully complies with Section 11 of Ordinance #1480. Additional market research has been conducted to consider current pricing, other brands, other purchasing options, and it is in the City's best interest to take advantage of this opportunity. Environmental Review N/A Approved B Finance Director Financial Statement The funding will come from the FY08 Assistance to Firefighters Grant, development impact fees, and Civic Center Refurbishing Fund 189. NCFD budget re -allocations (001-412-125-318-0000 and 001-412-125-299-0000) will repay Fund 189. Account No. STAFF RECOMMENDATION Staff recommends that the award be made to Pierce Manufacturing, and that authority be given to the Finance Department to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. City of Santa Clara Purchase Order Number 10319 7 2. Pierce Proposal for Furnishing Fire Apparatus 3. Resolution. 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 PURCHASE OF A PIERCE ARROW XT 105' QUINT FIRE TRUCK FROM PIERCE MANUFACTURING IN THE AMOUNT OF $953,669 FOR THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, the National City Fire Department's Truck 34 is a 1996 Central States Quint, and a vital piece of equipment to the region; and WHEREAS, due to the vehicle's age and extent of use, it has often been out of service for maintenance issues, and needs to be replaced; and WHEREAS, the Federal Department of Homeland Security has announced that the City of National City would be awarded $248,456 in new grant funding for the Fire Department to purchase a Pierce Arrow XT 105' Quint Fire Truck in the amount of $953,669; 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 Santa Clara, 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 Pierce Arrow XT 105' Quint Fire Truck from Pierce Manufacturing, in the amount of $953,669. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney r ASA vvc./ vv6 1 uA .wA VGA City of Santa Clara Purchasing - City Hall 1500 Warburton Ave. Santa Clara CA 95050-3796 Vendor: 0000015471 GOLDEN STATE FIRE APPARATUS 1237 DOKER DR MODESTO CA 95351-2868 Purchase Order Dispatch via Fax Purchase Order Date Revision Page 10319 12/19/2008 1i Payment Terms Freight Terms Ship Via 30 Days FOB Prepaid Cornm<;n J Buyer Phone Currency I Todd White 408/615-2040 USD Ship To: City of Santa Clara Automotive Services 1700 Walsh Avenue Santa Clara CA 95050 Bill To: City of Santa Clara Finance - Accounts Payable (408-615-2369) 1500 Warburton Ave. Santa Clara CA 95050-3796 [Line-Sch Item/Description 1 -1 NEW, 100' AERIAL LADDER QUINT FIRE APPARATUS, PER BID SPECS ACCEPTED WITH QUOTE# 41106-08. THE CITY OF SANTA CLARA INTENDS TO PURCHASE ONE ADD'L UNIT AFTER JULY 1, 2009 FOR A TOTAL OF TWO UNITS. P.O. INCL: FACTORY INSPECTION TRIP(S), DEL'Y AND BOND Quantity UOM PO Price Extended Amt Delivery Date] EA 759,335.1300 759,335.13 09/15/2009 Sub -Total Tax Total SCC (8.25%) Total PO Amount 759,335.13 62,645.15 821,980.2E TERMS & CONDITIONS: Vendor warrants that the product(s) on this purchase order are fit for the intended use as represented and agrees to replace any product that is defective or not as represented. By delivering product against this purchase order, vendor further agrees to indemnify, protect. defend and hold harmless City, its City Council, officers, employees, agents and volunteers from and against any claim of liability arising from the transacton or cost incurred in responding to or defending such claim. Purchase orders for services are issued by the City tor accounting and record keeping purposes only. Reference "Agreement for Services' for contract details (including scope of work, specifications, insurance requirements, and other terms. and concitions). NOTICE OUT-OF-STATE VENDORS Do not include any sales or use tax on this purchase. City of Santa Clara will self- -accrue and pay all applicalLle sales/use tax directly to the State of California under Use Tax Direct Payment, Permit Number SR GH 26-058299 DP Authorized Signature April 30, 2009 National City Fire Department 333 E. 16th Street. National City, CA. 91950 Proposal for Furnishing Fire Apparatus The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc. at its corporate office in Appleton, Wisconsin, the apparatus and equipment herein name for the following prices. One (1) Pierce 105' Aerial apparatus per City of Santa Clara pricing agreement $759,335.13 Additional cost for not ordering two units $+15,000.00 Sub total for City of Santa Clara price for one unit $774,335.13 National City changes to Santa Clara specification $ 94,611.87 National City price prior to May15, 2009 $868,947.00 Total contract price Not including Sales Tax $868,947.00 Pending prior sales as this is a stock unit. This unit will not be available for delivery until July 2009. Said apparatus and equipment are to be built an shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 3 to 4 months after `r/ receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to National City, California. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company or the order to purchase, and provided such alternations do not materially affect the cost of the construction of the apparatus. The proposal for the fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of initial purchase and with all National Fire Protection Association (NFPA)' Guidelines for Automotive Fire Apparatus as published at the time of initial purchase, except where modified by customer requirements. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within sixty (60) days form date, the right is reserved to withdraw this proposition. PIERCE MANUFACTURING, INC. By: Sales Representative Timothy J. 011ey City of National City, California COUNCIL AGENDA STATEMENT �,,,.IEETING DATE May 19, 2009 AGENDA ITEM NO. 27 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $248,456 FROM THE FY08 ASSISTANCE TO FIREFIGHTERS GRANT TO PURCHASE A PIERCE ARROW XT 105' QUINT TRUCK FOR THE NATIONAL CITY FIRE DEPARTMENT FOR A TOTAL OF $953,669 PREPARED BY Walter Amedee (J DEPARTMENT Fi Homeland Security Manager EXPLANATION The federal Department of Homeland Security has announced the City of National City would be awarded $248,456 in new funding for the National City Fire Department (NCFD) to purchase a Pierce Arrow XT 105' Quint Aerial Fire Truck valued at $953,669. In order to take advantage of the grant funding, the City must purchase/receive a Pierce Arrow XT 105' Quint Truck by the grant deadline of January 29, 2010. Additional funding sources to be used toward the purchase of the fire truck are: development impact fees and Civic Center Refurbishing Fund 189. NCFD budget re -allocations (001-412-125-318-0000 and 001-412-125- 299-0000) will repay Fund 189. This will allow the NCFD to replace an aging fire truck that is a vital piece of equipment to the region. Truck 34 is a 1996 Central States Quint. In 2008, Truck 34 responded to 1,233 calls. In recent months, Truck 34 has been showing increasing maintenance issues causing it to be out of service more often. Staff recommends the acceptance of the $248,456 in grant funds toward the purchase of the fire truck. The FY08 Assistance to Firefighters Grant Program was a competitive grant that required agencies to complete an on-line application and narrative justifying the use of funds. Environmental Review Ni N/A Approved By:/\ finance Director Financial Statement The funding will come from the FY08 Assistance to Firefighters Grant, development impact fees, and Civic Center Refurbishing Fund 189. NCFD budget re -allocations (001-412-125-318-0000 and 001-412-125-299-0000) will repay Fund 189. Account No. STAFF RECOMMENDATION Staff recommends the acceptance of $248,456 from the FY08 Assistance to Firefighters Grant Program to purchase a Pierce Arrow XT 105' Quint Aerial Fire Truck for the National City Fire Department BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 71. Grant Agreement Articles. 2. Resolution. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $248,456 FROM THE FY 2008 ASSISTANCE TO FIREFIGHTERS GRANT TO PURCHASE A PIERCE ARROW XT 105' QUINT FIRE TRUCK IN THE AMOUNT OF $953,669 FOR THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, the Federal Department of Homeland Security has announced that the City of National City would be awarded $248,456 in new grant funding for the Fire Department to purchase a Pierce Arrow XT 105' Quint Fire Truck in the amount of $953,669; and WHEREAS, the additional funds to purchase the Fire Engine will be provided through Development Impact Fees and Civic Center Refurbishing Fund 189; and WHEREAS, to take advantage of the grant funding, the City must purchase and receive the Pierce Arrow XT 105' Quint Fire Truck by the grant deadline of January 29, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of $248,456 from the FY 2008 Assistance to Firefighters Grant to purchase a Pierce Arrow XT 105' Quint Fire Truck for the National City Fire Department. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Panel Review Page 1 of 8 ynA r Zr Mr. Walter Amedee City of National City 140 East 12th Street, Suite A National City, California 91950-3312 Re: Grant No.EMW-2008-FV-03413 Dear Mr. Amedee: U.S. Department of Homeland Security Washington. D.C. 20472 j.. FEMA On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2008 Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate, in consultation with the U.S. Fire Administration, carries out the Federal responsibilities of administering your grant. The approved project costs total to $310,570.00. The Federal share is 80 percent or $248,456.00 of the approved amount and your share of the costs is 20 percent or $62,114.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from DHS. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should basically request funds when you have an immediate cash need (i.e. you have a bill in -hand that is due within 30 days). If you have any questions or concerns regarding the awards process or how to request your grant funds, please call the helpdesk at 1-866-274-0960. Sincerely, W. Ross Ashley, III, Assistant Administrator Grant Programs Directorate https://portal.fema.gov/firegrant/jsp/fire_admin/awards/spec/view_ award_package.do?agreem... 4/23/2009 Panel Review Page 3 of 8 FEMA Agreement Articles U.S. Department of Homeland Security Washington, D.C. 20531 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Vehicle Acquisition program GRANTEE: City of National City PROGRAM: Vehicle Acquisition AGREEMENT NUMBER: EMW-2008-FV-03413 AMENDMENT NUMBER: Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article I - Project Description TABLE OF CONTENTS Project Description Grantee Concurrence Period of Performance Amount Awarded Requests for Advances or Reimbursements Budget Changes Financial Reporting Performance Reports DHS Officials Other Terms and Conditions General Provisions Audit Requirements Additional Requirements The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, DHS has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from DHS. However, in keeping with this year's program guidance, grantees that have grant funds left over after completing the approved scope of work prior to the end of the period of performance have three options for the use of the excess funds: 1) they may return the unused funds to the Federal government, 2) they may use a maximum of $5,000 to expand the activities for which they were awarded, or 3) create or expand an existing fire prevention program. https://portal.fema.gov/firegrant/jsp/fire admin/awards/spec/view_award_package.do?agreem... 4/23/2009 Panel Review Page 4 of 8 Grantees are encouraged to review the program guidance for more information on this topic. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, grantees agree that they will use the funds provided through the Fiscal Year 2008 Assistance to Firefighters Grant Program in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2008 Assistance to Firefighters Grants program guidance. The grantee agrees that Federal funds under this award will be used to supplement, but not supplant, State or local funds for first responder preparedness. All documents submitted as part of the application are made a part of this agreement by reference. Article III - Period of Performance The period of performance shall be from 30-JAN-09 to 29-JAN-10. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments without prior written approval from DHS. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for each object classes of this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $310,570.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $310,570.00 Article V - Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable basis for immediate cash needs. In order to request funds, the grantee must logon to the Fire Grant System using their user id/password (used to submit the application) the grantee fills out the on-line Request for Advance or Reimbursement. If an authorized user needs access to the application but does not have the user id or password, they may be obtained by calling the help desk at 1-866-274-0960. Article VI - Budget Changes With prior DHS approval, grantees may make changes in funding levels between the object classes (as detailed in Article IV above), in order to accomplish the grant's scope of work. The grant's scope of work is outlined in the project narrative and in the request details of the grant application. The provisions of this article are not applicable to changes in the budgeted line -items listed in the request details section of the application as the line -items in the request details section (i.e., scope of work) cannot be changed. https://portal. fema.gov/firegrant/jsp/fire_admin/awards/spec/view_award_package.do?agreem... 4/23/2009 Panel Review Page 5 of 8 Article VII - Financial Reporting The Request for Advance or Reimbursement mentioned above will also be used for interim financial reporting 19 purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report is due within 90 days after the end of the performance period. Article VIII - Performance Reports The grantee must submit a semi-annual and a final performance report to DHS. The final performance reportshould provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. If a grantee's performance period is extended beyond the initial 12-month period, a periodic performance report is due every six month increment until closeout. Article IX - DHS Officials Program Officer: Tom Harrington, Deputy Director of the Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: ARLENE RAMSEY is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Branch POC: Walter Pickett is the point of contact for this grant award and shall be contacted for all financial and administrative grant business matters. If you have any questions regarding your grant please call 202-786-9524. Article X - Other Terms and Conditions 440 A. Pre -award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS program office. In order to be reimbursed for items purchased prior to award, grantees must submit a payment request and provide rationale for incurring the costs prior to award. All pre -award expenses should have been disclosed during the award negotiation process. Failure to disclose pre -award expenses during the award negotiation process may affect the costs' eligibility. B. Quotes obtained prior to submittal of the application - for the purposes of applying for this grant - are not considered to be sufficient to satisfy the requirements for competition as outlined in OMB Circular A-110 below. All bidding activities implemented for competition must be sought and obtained after award, i.e., during the period of performance. Grantees may be jeopardizing their awards if the requirements set forth are not adhered to. Article XI - General Provisions The following are hereby incorporated into this agreement by reference: The program's annual Program Guidance. 44 CFR, Emergency Management and Assistance Part 7 Nondiscrimination in Federally -Assisted Programs Part 13 Uniform administrative requirements for grants and cooperative agreements to state and local governments Government -wide Debarment and Suspension (Non -procurement) Part 17 and Government -wide Requirements for Drug -free Workplace (Grants) Part 18 New Restrictions on Lobbying https://portal. fema. gov/firegrant/j sp/fire_admin/awards/spec/view_ award_package.do?agreem... 4/23/2009 Panel Review Page 6 of 8 31 CFR 205.6 Funding Techniques OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes OMB Circular A-122 Cost Principles for Non -Profit Organizations OMB Circular A- Uniform Administrative Requirements for Grants and Agreements With State and Local 102 Governments Assistance to Firefighters Grant Application and Assurances contained therein. OMB Circular A Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher 110 Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein. Article XII- Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $500,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years upon the official closeout of your grant. You must also agree to make your grant files, books, and records available for an audit by DHS, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. Article XIII- Additional Requirements (if applicable) Vehicle Awardees: Vehicle awardees for FY 2008 will be required to include an advance payment bond as part of the contract with their vehicle manufacturer. An advance payment bond is like an insurance policy that protects you in the event that the manufacturer with whom you contracted to build your vehicle cannot fulfill the contract, i.e., cannot finish building your vehicle for any reason. An advance payment bond is a financial tool used to guarantee that , in the event of manufacturer/contractor default, funds will be available to finish the construction of your vehicle and ensure its proper operation. From the vehicle grantee's point of view, the insolvency of a contractor during the construction of a vehicle will most likely result in delayed completion of the vehicle, additional expenses for a different manufacturer/contractor to finish the work, or even Toss of grant funds. For this reason, we now require manufacturers/contractors to provide a bond from an independent bank, insurance company or bonding agency so that the vehicle grantees can recover damages they may sustain if the manufacturer/contractors default during the construction of a vehicle. The amount of the bond should be equal to, or greater than, the sum of any payments, compensation and/or consideration provided prior to the delivery of the vehicle. If no down payment is required in the purchase contract, an advance payment bond is not required. Regardless of whether a performance bond is obtained, each vehicle purchase contract must include a performance clause. The performance clause stipulates a certain date when the vehicle will be delivered by the vendor. If the vendor does not deliver the vehicle by the date stipulated in the performance clause, penalties are administered to the vendor. These penalties should be of a severity sufficient to provide the vendor with incentive to deliver the vehicle at the earliest possible date but no Tess than $100 per day. Regional Hosts: Grantees that are the hosts of regional projects as provided for in the annual program guidance are accountable for the equipment purchased with grant funds and disbursed to other first -responder organizations under a memorandum of understanding. Responsibility for maintenance of the equipment may be placed in the hands of the recipient if specifically delineated in the memorandum of understanding between the host and the recipient. https://portal.fema.gov/firegrant/jsp/fire_admin/awards/spec/view_award package.do?agreem... 4/23/2009 5 Panel Review Page 7 of 8 Modification to Facilities Requirements: Modification to facility projects (including renovations associated with equipment installations) are subject to all applicable environmental and historic preservation requirements. Applicants seeking assistance to modify their facilities or to install equipment requiring renovations may undergo additional screening. Specifically, DHS is required to ascertain to what degree the proposed modifications and renovations might affect an applicant's facility relative to the National Environmental Policy Act, National Historic Preservation Act of 1966, National Flood Insurance Program regulations, and any other applicable laws and Executive Orders. No project that involves a modification to facility can proceed — except for project planning — prior to formal written approval from DHS. If your award includes a modification to a facility, you are responsible for contacting the Program Office so you can be given direction on how to proceed; your contact in the AFG Program Office is Stephen.pezzetti@dhs.gov. Noncompliance with these provisions may jeopardize an applicant's award and subsequent funding. Grants Management Adjustments to Original Application (if applicable): https://portal.fema.gov/firegrant/jsp/fire_admin/awards/spec/view_award package.do?agreem... 4/23/2009 1 Panel Review Page 8 of 8 la. AGREEMENT NO. EMW-2008-FV-03413 6. RECIPIENT NAME AND ADDRESS City of National City 140 East 12th Street, Suite A National City Califomia, 91950-3312 9. NAME OF RECIPIENT PROJECT OFFICER Walter Amedee 11. EFFECTIVE DATE OF THIS ACTION 30-JAN-09 15. DESCRIPTION a. (Indicate funding PROGRAM NAME ACRONYM AFG FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 95-6000749 0 7. ISSUING OFFICE AND ADDRESS Grants Management, Operations Directorate 245 Murray Lane - Building 410, SW Washington DC, 20528-7000 POC: Walter Pickett 202-786-9524 PHONE NO. 6193364550 12. METHOD OF PAYMENT SF-270 OF ACTION data for awards or financial changes) CFDA NO. 4. TYPE OF ACTION W462110N AWARD 8. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF PROJECT COORDINATOR Tom Harrington 13. ASSISTANCE ARRANGEMENT Cost Sharing ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX-XXXXX- XXXX-XXXX-X 97.044 2009-M8-0001 GF-25000000- 4101-D PRIOR TOTAL AWARD 5. CONTROL NO. PHONE NO. 1-866-274-0960 14. PERFORMANCE PERIOD From:30-JAN To:29 JAN 10 09 Budget Period From:01 OCT To:30-SEP-09 08 AMOUNT CURRENT AWARDED THIS TOTAL AWARD ACTION + OR (-) CUMMULATIVE NON- FEDERAL COMMITMENT $0.00 $248,456.00 $248,456.00 $62,114.00 TOTALS $0.00 $248,456.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A $248,456.00 $62,114.00 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Arlene Ramsey DATE N/A DATE 22-JAN-09 https://portal. fema.gov/firegrant/jsp/fire_ admin/awards/spec/view_award_package.do?agreem... 4/23/2009 City of National City, California COUNCIL AGENDA STATEMENT 'MEETING DATE May 19, 2009 AGENDA ITEM NO. 28 (.."- ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FINANCE DEPARTMENT TO PROCEED WITH THE PURCHASE OF A PIERCE ARROW XT 105' QUINT TRUCK FOR THE NATIONAL CITY FIRE DEPARTMENT BY UTILIZING $248,456 FROM THE FY08 ASSISTANCE TO FIREFIGHTERS GRANT, $90,000 IN DEVELOPMENT IMPACT FEES, AND BORROWING $615,213 FROM THE CIVIC CENTER REFURBISHING FUND 189 TO PAY THE REMAINING BALANCE FOR THE 953,669 FI E TRUCK PREPARED BY Walter Amedee )r DEPARTMENT ire Homeland Security Manager EXPLANATION After utilizing FEMA's Assistance to Firefighters Grant ($248,456) and Development Impact Fees ($90,000), the remaining balance of the new fire truck worth $953,669 will be $615,213. Staff recommends borrowing the remaining balance of $615,213 from the Civic Center Refurbishing Fund 189 and establishing a ten (10) year re -payment agreement with the NCFD at an interest equal to 3.69% per annum. The NCFD will absorb the balance of the new fire truck purchase through re -allocations of NCFD budget line items. The re -allocations to the NCFD budget from FY2010-FY2019 will come from Contract Services (001-412-125-299-0000) $73,060 and Wearing Apparel (001-412-125-318-0000) $602 totaling $73,662. Future Development Impact Fees (approximately $25,000 per year) may be used to offset the re- allocation of the NCFD budget line items. Environmental Review Ni N/A Financial Statement Approved By: Finance Director Civic Center Refurbishing Fund 189 will pay the $615,213 balance. NCFD budget re -allocations (001-412-125-318-0000 and 001-412-125-299-0000) will repay Fund 189 with 3.69% interest. Account No. STAFF RECOMMENDATION Staff recommends authorizing the Finance Department to proceed with the purchase of a Pierce Arrow XT 105' Quint Truck by borrowing $615,213 from the Civic Center Refurbishing Fund 189 to pay the remaining balance for the fire truck and establishing a ten (10) year re -payment agreement with the NCFD at an interest equal to 3.69% per annum. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. `,,. 1. Fire Truck Replacement Proposal Report 2. Resolution. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FINANCE DEPARTMENT TO PROCEED WITH THE PURCHASE OF A PIERCE ARROW XT 105' QUINT FIRE TRUCK IN THE AMOUNT OF $953,669 FOR THE NATIONAL CITY FIRE DEPARTMENT UTILIZING $248,456 FROM THE FY 2008 ASSISTANCE TO FIREFIGHTERS GRANT, $90,000 IN DEVELOPMENT IMPACT FEES, AND BORROWING $615,213 FROM THE CIVIC CENTER REFURBISHING FUND 189 TO PAY THE REMAINING BALANCE FOR THE FIRE TRUCK WHEREAS, after utilizing FEMA's Assistance to Firefighters Grant in the amount of $248,456, and Development Impact Fees in the amount of $90,000, the remaining balance of the $953,669 cost of the new Pierce Arrow XT 105' Quint Fire Truck will be $615,213; and WHEREAS, Staff desires to borrow the remaining balance of $615,213 from Civic Center Refurbishing Fund 189, and establish a ten year re -payment agreement with the National City Fire Department (NCFD) at an interest equal to 3.69% per annum; and WHEREAS, NCFD will absorb the balance of the new fire truck purchase through re -allocation of NCFD budget line items. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Finance Department to proceed with the purchase of a Pierce Arrow XT 105' Quint Fire Truck in the amount of $953,669 for the National City Fire Department utilizing $615,213 from Civic Center Refurbishing Fund to pay the remaining balance for the Fire Truck. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY FIRE DEPARTMENT TRUCK 34 REPLACEMENT PROPOSAL PROBLEM STATEMENT: The National City Fire Department (NCFD) is seeking assistance to replace an aging fire truck that is a vital piece of equipment to the region. Truck 34 is a 1996 Central States Quint. In 2008, Truck 34 responds to 1,233 calls; making it the busiest in the South Bay serving the communities of National City, Chula Vista, Bonita, Coronado, Imperial Beach, and San Diego. In recent months, Truck 34 has been showing increasing maintenance issues causing it to be out of service more often. This proposal will summarize the issues; propose a solution and funding • plan to purchase a new fire truck. NATIONAL CITY FIRE DEPARTMENT: The NCFD is composed of 48 personnel (40 in Fire Operations and 8 in Fire Administration). The Fire Administration Division provides overall administrative support to all department activities to ensure the fire department meets its mission. The Fire Operations division runs two engine companies and one truck company. Typical staffing levels are four personnel per engine and truck company. Automatic and mutual aid agreements with regional departments expand the responsibility of the NCFD beyond the city limits. In 2008, the NCFD responded to 5,497 calls for service. This ranks the department as fourth busiest of the 11 fire departments dispatched by the Heartland Communications Facility Authority. 77% of the responses were for EMS incidents and the remaining 23% were calls for fires or other incidents. National City experienced $577,520 in structural fire loss in 2008. NCFD FLEET: Unit Age Status Mileage Unit Type 470 3 Front Line 32,626Pumper 460 5 Front Line 38,748 Pumper 281 13 Front Line 70,055Quint Truck 236 18 (Reserve 128,442 Pumper 171 20 Reserve 131,414Pumper 923 27 Non -Operable Training Unit 90,706Pumper STANDARD OPERATING FUNCTIONS: Standard fire ground operations normally performed by engine and truck companies are as follows: Engine Company Functions: • Establish water supply • Stretch hose lines • Pump hose line • Operate nozzles • Rescue/Rapid Intervention Team • Primary emergency medical response unit Aerial Truck Company Functions: • Rescue • Ventilate • Laddering • Forcible entry • Check fire extension • Salvage • Ladder -pipe operations • Utility control • Overhaul • Rapid Intervention Team • Secondary emergency medical response unit STRATEGIC PLAN: The NCFD's Strategic Plan addresses the replacement of fire apparatus as follows: III. Goal: Develop, Adopt and Implement a Long -Range Fire Apparatus Replacement Schedule per NFPA Standard 1911 Strategy Work in conjunction with Fleet Maintenance and Finance to develop a fire truck replacement schedule which assures apparatus are replaced in a systematic, economical and efficient manner. Potential Action Steps Develop and implement a marketing plan aimed at citizens, elected officials and the City Manager with reference to the benefits of adopting a long-range Fire Apparatus Replacement Schedule. III. lb Establish a process to educate decision makers about the long range cost effectiveness and efficiency of a Fire Apparatus Replacement Schedule. III.1 c Research the current NFPA and manufacturer's recommendation regarding criteria for preventive maintenance and replacement schedules. 11I.1 d Research the history and customer service of manufacturers to assure the most cost effective apparatus are initially purchased, with the appropriate equipment. Determine the benefits of purchasing standard fire apparatus. lll. l e Research the advantages and/or disadvantages of leasing fire trucks. III. I f Ensure replacement for Truck 34 is purchased. 2 AERIAL LADDER: Truck 34 is housed at the Headquarters Fire Station located at 343 East 16th Street about a block away from Morgan and Kimball Senior Centers, which are both 9 stories high; and a few blocks away from Plaza Manor, which is 7 stories high. Currently, the 75' aerial ladder on Truck 34 is only capable of reaching up to the 7th floor with ideal placement, but in most instances will only reach the 4th floor. This is due to parking accessibility and the distance away from the building that is required for proper fire truck placement. Our inability to reach the higher floors poses a risk to residents. We frequently respond to emergencies at Plaza Manor, Morgan, and Kimball Senior Centers. Most of the responses are for emergency medical services. Fortunately we have only experienced small scale fires in these high-rise residential buildings; however, should a large scale fire occur, the use of Truck 34 is an invaluable piece of equipment. Truck 34 could save the lives of residents living in these buildings by utilizing its aerial ladder to remove them from harms way within minutes. MILEAGE: With mutual aid and automatic aid agreements in place with adjacent cities, the NCFD has responded numerous times over the years to assist all of these agencies. On average, Truck 34 drives about 500 miles a month and currently has 70,055 miles on the odometer. Although 70,055 miles on the odometer may not seem like a lot of miles for a regularly sized vehicle, for a 25 ton fire truck riding on city streets several times a day can be taxing. MAINTENANCE: Considering that Truck 34 is 13 years old and is starting to show major maintenance issues, it is extremely important for the NCFD to purchase a new fire truck to replace it. This would allow the NCFD to place Truck 34 in reserve status to be activated when needed. Truck 34 responds to all structure fires in our city, as well as those outside the city, all traffic accidents, all technical rescues, hazardous materials incidents, and emergency medical responses. There -are only four fire trucks serving the South Bay. Should Truck 34 break down for an extended period of time, not only will National City's ability to respond be hindered, but responses throughout the South Bay will be drastically hampered. To make matters worse, National City does not have a spare fire truck in reserve. When Truck 34 goes in for annual maintenance or emergency repairs for an extended period of time, Reserve Engine 234 with over 125,000 miles is placed into service, which significantly changes the NCFD's mission. By using Reserve Engine 234 the NCFD would be unable to provide a ladder that is taller than 24 feet or be able to reach higher than a second floor window. If Engine 460 and Engine 470 were down for repairs the use of a 1989 Reserve Engine 171 and 1982 Reserve Engine 923 becomes a reality. Reserve Engine 923 is currently out —of — service and classified as a training engine only. It has an open cab configuration that jeopardizes the safety of our firefighters. NFPA Standard 1901, Annex D recommends: "apparatus that was not manufactured to the applicable NFPA fire apparatus standards or that is over 25 years old should be replaced". The purchase of a new fire truck will allow us to permanently retire Reserve Engine 923. 3 RESCUE EQUIPMENT: When Tnick 34 is out of service, the NCFI) is not able to provide very critical rescue equipment to the scene of an emergency in a timely manner. Over the last five years, the NCFD has received grant funding from the Urban Area Security Initiative, State Homeland Security Grants, San Diego Service Authority for Freeway Emergencies, and California Office of Traffic Safety. These grants have been used to purchase approximately $100,000 worth of rescue equipment. Reserve Engine 234 has no storage areas to carry the new rescue equipment. When Truck 34 is out of service, most of the equipment is placed in storage on a utility unit that is unmanned at this time. If rescue needs arise in the field, personnel have to be transported back to the station to bring the equipment to the scene or drive the utility unit along with Reserve Engine 236 when a rescue call is dispatched. PROPOSAL: The NCFD proposes that the City purchase a Pierce Arrow XT 105' Quint Truck for approximately $953,669. This program will deliver personnel and rescue equipment to reduce the loss of life and property at all structure fires, vehicle accidents, confined space rescues, emergency medical incidents, and, most importantly, high-rise rescue operations. The benefits of purchasing a Pierce Arrow XT 105' Quint Truck are: • To improve the rescue delivery system in National City and neighboring jurisdictions • To add length in aerial ladder reach • To add equipment capacity for use in a more varied scope of service • To reduce down -time and maintenance costs • To place Truck 34 in reserve status as a back-up truck • To permanently retire Reserve Engine 923 • To have standardized apparatus saving time and money in maintenance costs. PIERCE MANUFACTURING: Pierce is the leading North American manufacturer of custom fire apparatus. Pierce manufacturers custom and commercial pumpers, aerials, rescue trucks, wildland trucks, minipumpers, elliptical tankers and homeland security apparatus. The City has recently purchased two fire engines from Pierce Manufacturing. The purchase of a Pierce Arrow XT 105' Quint Truck will standardize our fleet by having all front line apparatus from the same manufacturer. This will allow the usage of the same parts, save time/money in maintenance due to the familiarity of public works mechanics. The NCFD recommends that the award be given to Pierce Manufacturing. GRANT FUNDING: In April 2008, the NCFD submitted a grant application to the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant for the purchase of a fire truck. On January 30, 2009, the NCFD received a notice from FEMA that the City of National City had received a grant award of $248,456 toward the purchase of a Pierce Arrow XT 105' Quint Truck. In order to take advantage of the grant funding, the City must purchase/receive a Pierce Arrow XT 105' Quint Truck by the grant deadline of January 29, 2010. 4 DEVELOPMENT IMPACT FEES: New development increases the demand for health and safety services provided by the City, affects the quality of the community's infrastructure, and increases the need for public facilities. Impact fees help pay for the cumulative impact of new development through infrastructure improvements and additions, thereby also contributing to the community's economic development. Development impact fees are one-time charges applied to offset the additional public-service costs of new development. They are usually applied at the time a building permit is issued and are dedicated to the provision of additional services, such as water and sewer systems, roads, schools, libraries, and parks and recreation facilities, made necessary by the presence of new residents in the area. The funds collected cannot be used for operation, maintenance, repair, alteration, or replacement of existing capital facilities and cannot just be added to general revenue. They are essentially user fees levied in anticipation of use, expanding the capacity of existing services to handle additional demand. The amount of the fee must be clearly linked to the added service cost, not some arbitrary amount. The NCFD receives a share of the development impact fees that are charged by the City. Currently, the NCFD's share of development impact fees is approximately $90,000. The NCFD would like to apply this amount toward the purchase of the new fire truck. It is anticipated that approximately $25,000 may be raised annually that could he applied to pay down the annual lease payment in subsequent years. FIRE OPERATIONS BUDGET: Due to the realization of how important the purchase of a new fire truck is to the City, the NCFD has conducted a line item review of its current budget to help decrease the funding gap. The NCFD is proposing cuts to its budget in the amount of $73,662 to offset the costs of the fire truck. Although the NCFD realizes that these cuts will drastically affect the entire operation of the NCFD, we also realize the need for a new fire truck. These cuts will reduce contract services and reduce the purchase of wearing apparel for the protection and safety of firefighters. The NCFD plans to request grant funding for personal protective equipment; thereby, offsetting these budget re -allocations. The reallocation of these funds should he sufficient to pay the balance of the new fire truck. CDBG FUNDING: Over the past few years, the NCFD has relied heavily on Community Development Block Grant (CDBG) funds. CDBG funds are being used to fund 20-year annual payments of $524,633 on a Section 108 Loan that was used to build the new Headquarters Fire Station completed in 2004. CDBG funds were also used to purchase two Fire Engines (Engine 460 and 470). For Fiscal Year 2010, Engine 470 entered its 5th year payment of $84,906, which brings the total cost of CDBG funds being allocated to the NCFD to $616,556. As a result of these large appropriations, the U.S. Department of Housing and Urban Development (HUD) has not allowed future CDBG funding be allocated to the NCFD for firefighting equipment, personal protective gear, or fire hose. 5 FINANCIAL STATEMENT: The NCFD considers replacing aging equipment and adopting new technologies a high priority. Unfortunately, the amount of funds needed for a new fire truck is enormous. To make matters worse, requesting funds to purchase a new fire truck will become increasingly difficult as we face budget shortfalls. However, the NCFD hopes that with FEMA's Assistance to Firefighters Grant, Development Impact Fees, and NCFD Budget Re -allocations, the cost for a new fire truck worth $953,669 will be manageable for annual lease/purchase payments. BUDGET ITEM Pierce Arrow XT 105' Quint Truck Sales Tax/Delivery Subtotal Cost of Pierce Arrow X"I' 105' Quint Truck COST $868,947 $84,722 FEMA Assistance to Firefighters Grant Development Impact Fees (cumulative balance from FY 04 to FY 08) Remaining Balance $953,669 -$248,456 -$90,000 $615,213 The NCFD will absorb the balance of the new fire truck purchase through re -allocations of NCFD budget line items. However, future Development Impact Fees (approximately $25,000 per year) will be used to offset the NCFD budget line items. Below is the detailed listing of re- allocations in the appropriations for future years: Re -allocations to Fire Department Budget Base Budget Amount Adjusted Base Budget 001-412-125-299-0000, Contract Services $346,289 -873,060 $273,229 001-412-125-318-0000, Wearing Apparel $39,885 - $602 S39,283 Total NCFD Re -allocations Each Fiscal Year -$73,662 RE -PAYMENT AGREEMENT BETWEEN THE NCFD AND CIVIC CENTER REFURBISHING FUND (FUND 189): Rather than entering into a lease/purchase agreement at an interest rate of 5%, the staff recommends borrowing the remaining balance of $615,213 from the Civic Center Refurbishing Fund and establishing a ten (10) year re -payment agreement with the NCFD at an interest equal to 3.69% per annum. Below is a draft ten (10) year amortization schedule. Fiscal Year Principal Interest Total 2010 $51,831.41 $21,830.59 $73,662.00 2011 $53,776.67 $19,885.33 $73,662.00 2012 $55,794.93 $17,867.07 $73,662.00 2013 $57,888.95 $15,773.05 $73,662.00 2014 $60,061.55 $13,600.45 $73,662.00 2015 $62,315.69 $11,346.31 $73,662.00 2016 $64,651.43 $9,007.57 $73,662.00 2017 $67,080.94 $6,581.06 $73,662.00 2018 $69,598.52 $4,063.48 $73,662.00 2019 $72,209.92 $1,451.41 S73,662.00 TOTAL $615,213.01 $121,406.32 $736,619.33 6 COS'I'/BENEFIT: As a result of the issues identified above, the NCFD proposes assistance to purchase a Pierce Arrow XT 10.5' Quint Truck. Purchasing a new fire truck will allow us to access and perform high rise rescue missions in the tallest buildings in the City. The new fire truck's increased storage capacity will he able to carry all of the grant funded rescue equipment purchased over the last five years. The standardization of fire apparatus may decrease maintenance costs by eliminating the need for several parts for different apparatus. .Finally, the most important reason for purchasing a new fire truck is the on -going maintenance issues that lead to increased downtime. The maintenance issues negatively impact the region due to only having four aerial fire trucks in the South Bay. The risk to lives and property increases when aerial fire trucks are out of service. With this funding plan in place, the NCFD will increase firefighter capabilities in various situations by providing a rapid response to structure fires, confined space rescues, high-rise incidents, and vehicle rescues. A new fire truck is essential for the deployment of effective NCFD rescue teams and the successful extinguishment of structure fires, confined space rescues, and high-rise incidents. This would also allow us to retire the 1982 Reserve Engine 923 that has an open cab configuration and place the current Truck 34 into reserve status. STATEMENT OF EFFECT: The NCFD hopes that the City will find enough justification and the funds to move forward with the purchase of the Pierce Arrow XT 105' Quint Truck. If the City decides not to purchase the truck, we will need to formally decline the FEMA Assistance to Firefighters Grant of $248,456. FEMA will not view this positively. Given that over the last five years the NCFD has received $365,525 in grant funding from this grant to purchase portable/mobile radios, SCBAs, fire safety house, Patches and Pumper robot, and participation in the San Diego Firefighters Regional Wellness Center, it may not be in the best interest of the NCFD or the City to decline this award. The City of National City was 1 of only 16 cities in California to receive a grant award toward the purchase of a vehicle in 2008. The grant is 25% of the cost of the fire truck. Close to 50% of the cost will come from NCFD operations budget re -allocations and NCFD development impact fees. The remaining 25% should hopefully be viewed as a one-time long term investment for the residents of National City. Our firefighter's ability to respond in a new fire truck will have huge benefits toward saving lives and property, which by far outweigh its costs. Any life saved through the use of the new fire truck will justify its costs. STAFF RECOMMENDATIONS: • Accept FEMA Assistance to Firefighters Grant Award - $248,256 • Use Development Impact Fee - $90,000 plus estimated $25,000 per year • Use Fire Operations Budget - $73,662 • Approve award to Pierce Manufacturing • Establish Re -Payment Agreement between the Civic Center Refurbishing Fund and NCFD • Direct Staff to purchase Pierce Arrow XT 105' Quint Truck 7 City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE May 19, 2009 AGENDA ITEM NO. 29 (-'i-TEM TITLE A Resolution of the City Council of the City of National City Denying a Proposed Seven Lot Residential Tentative Subdivision Map, Including Requests for Exceptions, for Lot Size, Lot Width, and Street Frontage, a Variance Request for Three Story Units, Setbacks, and a Request to Waive Undergrounding of Utilities Fronting on Prospect Street on 0.71-Acre Site at 2121 Grove Street (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Planning Division EXPLANATION The City Council conducted a public hearing on May 5, 2009 and considered public testimony and Planning Commission's recommended findings for denial of the proposed Tentative Subdivision Map with exceptions, variances, and request to waive undergrounding. The Council concurred with the Planning Commission decision and denied the proposed development. The attached Resolution is necessary to complete this action. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended denial of the proposed development on April 6, 2009. ATTACHMENTS ( Listed Below) Resolution No. `. - Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A SEVEN LOT RESIDENTIAL TENTATIVE SUBDIVISION MAP INCLUDING REQUEST FOR EXCEPTIONS FOR LOT SIZE, LOT WIDTH, AND STREET FRONTAGE, A VARIANCE REQUEST FOR THREE STORY UNITS, SETBACKS, AND A REQUEST TO WAIVE UNDERGROUNDING OF UTILITIES FRONTING ON PROSPECT STREET ON A 0.71-ACRE SITE AT 2121 GROVE STREET APPLICANT: ARNOLD SCHMIDT APN: 561-380-24 WHEREAS, application was made for approval of a Tentative Subdivision Map Request for seven parcels with exceptions for density, setbacks, lot size, and frontage, a variance request for three-story units and reduced front and side yard setbacks, and a request to waive undergrounding of utilities fronting Prospect Street on an approximately 0.7 acre site at 2121 Grove Street on property generally described as: Lot 15, 16, 17, 18 and 19 in Block 1 of Westview First Subdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the County Recorder of San Diego County, March 6, 1924; Also Lots 30 to 34 inclusive in Block 1 of Westview First Subdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the County Recorder of San Diego County, March 6, 1924, excepting therefrom the easterly 100 feet of Lots 30 and 31 and the southerly 12 feet of the easterly 100 feet of Lot 32 in said Block 1. WHEREAS, the Planning Commission of the City of National City considered said applications at a duly advertised public hearing held on April 6, 2009, at which time the Planning Commission considered oral and documentary evidence; and WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-59 S, IS, Z, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and recommended denial of the proposed Tentative Subdivision Map with exceptions, variance, and underground waiver request, and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on May 5, 2009, denied the Tentative Subdivision Map with exceptions, variance, and waiver of undergrounding based on the following findings: Resolution No. 2009 — May 19, 2009 Page 2 1. The proposed subdivision map would have a significant effect on the surrounding neighborhood since the proposed seven parcels would result in a development at a density of 9.85 dwelling units per acre which is greater than the permitted density of 8.7 dwelling units per acre, and four Tots with significantly smaller than the 5,000 square foot minimum lot size within the Residential Single-Family-3 (RS-3 zone), which would have the potential to diminish the character of the neighborhood of predominantly single-family residences on minimum 5,000 square foot parcels. 2. The proposed exceptions for reduced lot size, reduced street frontage, and reduced lot width are excessive in allowance of exceptions and would result in an increase in allowable density for the RS-3 zone, and the lot sizes would be inconsistent with surrounding development that reflect parcel sizes typical of the RS-3 zone, and the proposed development includes three Tots with 2,790 square feet each and one lot of 3,255 square feet and would not comply with the intent of the Subdivision Ordinance. 3. The property is not so unduly constrained by topography and/or configuration that would deprive the property owner's ability to develop the property in a similar, Tess divergent manner from surrounding properties by adhering to the Land Use Code, and that the proposed development might affect the stability of the neighborhood and quality of life, since it would introduce three story structures into a residential area where three story units are not permitted and diminish privacy to adjacent residences; establish units with minimal separation that would appear as multi -family units into a primary single-family residential community; and create minimal area for front yard landscaping for units fronting on Grove Street 4. The waiver to underground existing utilities fronting on Prospect Street would be detrimental to the public health, safety, or welfare since the General Plan supports undergrounding of utilities with new development in order to increase aesthetics of surrounding areas, and thereby waiving the requirement to underground all utilities on or fronting the property would be inconsistent with General Plan goals. BE IT FURTHER RESOLVED that the City Council has considered the proposed Tentative Subdivision Map, exceptions, variances, and waiver of undergrounding (Case No. 2007-59 S, IS, Z) requested by the applicant, together with any comments received during the public review process, and finds on the basis of the whole record finds that the project will have a significant adverse effect on the preservation of the public health, safety, and general welfare, and denies the proposed development. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. -- Signature Page to Follow -- Resolution No. 2009 - May 19, 2009 Page 3 PASSED and ADOPTED this 19th day of May, 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 CITY COUNCIL AGENDA STATEMENT EETING DATE May 19, 2009 AGENDA ITEM NO. 30 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE TO THE CITY, AT AN ANNUAL RENT OF $2,000, OF APPROXIMATELY 1,999 SQUARE FEET OF LAND AT 2805 N AVENUE FROM IGNACIO AND BEATRIZ MORALES FOR USE AS A PORTION OF THE NATIONAL CITY GOLF COURSE PREPARED BY EXPLANATION George H. Eiser, III p DEPARTMENT City Attorney (Ext. 4221) Please see attached memorandum. Environmental Review ' N/A Financial Statement Approved By. Funds are available in account 001-441-000-455-0000 — Lease Payment Account No. ance Director STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Proposed resolution Proposed lease A-200 (9/99) * CALIFORNIA Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate IY): FROM: St J BJ F.('"l: NATIONAL CITY C ' INCORPORATED Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attomey Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton Mayor and (.'itv Council D A I i': May 12. 2009 ('ity Attorney Lease of I.and for the National ('itv Golf Course from Ignacio and Rcatrii Nlorales When the Las Palmas Golf Course ‘‘,as refurbished in the early 1980's, the contractor doing the work inadvertently installed golf course improvements so as to encroach upon certain privately -owned areas of land. One of the encroached -upon areas, owned by the Walton family, was purchased by the City when the contractor's mistake was discovered. The other area was a portion of 2805 N Avenue, and was leased to the City for several years by Austin and Evelyn Oliver for $300 per year. The property at 2805 N Avenue, which is improved with a residence, was purchased by Ignacio and Beatriz Morales in December. 2005. Although the Morales's land has been continuously used by the City for the golf course during that time, the City never entered into a lease with the Moraleses, and they have received no rent from the ('ity. in anticipation of entering into a lease for the Morales's land, the City recently had the land surveyed in order to obtain an accurate legal description and plat of the land. According to the surveyor, the subject land is approximately 1,999 square feet in area. Also in anticipation of the lease, the ('ity obtained an appraisal of the land from real estate appraiser Randall IL l3laesi, ASA. Mr. 13laesi concluded that the fair market value of the land is S20,000, and that the fair rental value is $2,000 per year. The possibility of the City buying this portion of the land was explored with the Moraleses, but their preference was to lease the land to the City. The proposed lease has the following main features: • The area being leased is approximately 1,999 square feet: • Rental is S2,000 per year; • The initial term is for five years, which will automatically be reviewed each year, unless either party elects to terminate the lease upon 60 days' written notice; and • As further consideration for entering into the lease, the City will pay the Moraleses $7,014 in hack rent. GIORGE FI. EISER, III City Attorney GI IE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE TO THE CITY, AT AN ANNUAL RENT OF $2,000, OF APPROXIMATELY 1,999 SQUARE FEET OF LAND AT 2805 N AVENUE FROM IGNACIO AND BEATRIZ MORALES FOR USE AS A PORTION OF THE NATIONAL CITY GOLF COURSE WHEREAS, the City is desirous of leasing from Ignacio and Beatriz Morales approximately 1,999 square feet of their property at 2805 N Avenue for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and the Moraleses are willing to lease their property to the City for said purpose; and WHEREAS, the rent for said lease would be $2,000 annually, as established by a professional appraiser; and WHEREAS, the use of said property for the purpose aforementioned will benefit the users of the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a lease between the City and Ignacio and Beatriz Morales for an approximately 1,999 square feet of their property at 2805 N Avenue, at an annual rent of $2,000, for use as a portion of the Las Palmas Golf Course. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney LEASE by and between IGNACIO MORALES and BEATRiZ MORALES and the CITY OF NATIONAI, CITY This Lease, made and entered into this day of May, 2009, by and between Ignacio Morales and Beatriz Morales, hereinafter designated as "LESSOR," and the City of National City, hereinafter designated as "LESSEE". RF.CiTALS A. LESSEE is desirous of leasing from LESSOR certain real property for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and LESSOR is willing to lease their property to LESSEE for said purpose. B. The use of said property for the purpose aforementioned will benefit the users of the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of the City of National City. NOW, "THEREFORE, in consideration of the mutual benefit to he derived herefrom, the parties hereto agree as follows: 1. LEASED PREMISES. LESSOR does hereby lease, demise and let to LESSEE approximately 1,999 square feet of land that is part of Assessor's Parcel No. 563-153-01, and commonly known as 2805 "N" Avenue, National City, CA, 91950. The Leased Premises are described in thc attached Exhibit "A", and depicted on thc attached Exhibit "B". 2. TERM. This Lease shall commence May 6, 2009, and expire May 5, 2014, provided, however, that commencing May 6, 2010 and May 6 of every year thereafter. one year shall automatically be added to the remaining term of this Lease. Should either party desire that said automatic one year renewal and extension not occur, such party shall give the other party 60 days' prior written notice of such fact prior to May 6 of any year of the Agreement. Such notice shall eliminate the automatic one year renewal and extension provision, and the Agreement shall remain in effect for the balance of the term then outstanding. 3. Rent. LESSEE shall pay as rent for the Leased Premises the sum of $2,000.00 per year, payable by June 1 of each year. The parties acknowledge and agree that LESSEE has occupied the Leased Premises without payment of rent since approximately December 9, 2005, and accordingly, it is agreed that concurrently with the first payment of rent, LESSEE will additionally pay LESSOR the sum of $7,014 as hack rent, and as consideration for entering into this Lease. 4. Use. The above described premises are leased to LESSEE by LESSOR for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course. 5. Assignment. This Lease shall not be assigned or transferred nor shall LESSEE have the right to sublet the leased premises or any part thereof, without the consent in writing of LESSOR. b. Improvements. During the term of this Lease, LESSEE shall be permitted to maintain on the leased premises landscaping and an irrigation system. LESSEE shall hear the entire expense arising by reason of this and any other improvements on the leased premises, and any improvements shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 7. Repair. LESSOR shall not be liable for the repair or upkeep and/or maintenance of any improvement to be located on the leased premises. LESSEE shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. LESSEE shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. 8. Hold Harmless. LESSEE hereby agrees to indemnify, defend, and hold harmless LESSOR from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the negligent use and maintenance of the leased premises and the improvements thereon by LESSEE. 9. Inspection. LESSOR shall always have the right to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof LESSOR shall provide LESSEE'S City Manager 24 hours' notice prior to entering the premises. 10. Removal of Improvements. At the termination or expiration of this Lease or any renewal thereof, and upon written request of LESSOR, LESSEE shall within ninety (90) days remove any and all improvements, fixtures, or personal property placed or erected on the leased premises, during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by LESSEE. 11. Mailings and Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by ordinary mail, postage prepaid; or delivered or sent by facsimile, fax, or email. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: To LESSEE: City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To LESSOR: Ignacio Morales Beatriz Morales 2805 N Avenue National City, CA 91950-7550 2 2009 Lease between City of National City and Ignacio and Beatriz Morales 12. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall he of any effect unless it is in writing and executed by the party to he bound thereby. 13. Recording. This Lease may he recorded by either party hereto. 1N WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and Ignacio Morales and Beatriz Morales have executed this Lease. LESSEE THE CITY OF NATIONAL CITY LESSOR By: Ron Morrison, Mayor Ignacio Morales APPROVED AS TO FORM: By: George fl. Eiscr, III City Attorney 3 Beatriz Morales 2009 Lease bchvicen (liv of National (a:, and Ignacio and Hearn / 'Morales EXHIBIT "A" A portion of 40 Acre Lots 1 and 2 in Quarter Section 134 of Rancho De La Nacion, all in the City of National City, County of San Diego, State of California, described in Deed to Ignacio and Beatriz L. Morales recorded December 14, 2005 in Document No. 2005- 1073847 of Official Records of said San Diego County, described as follows: COMMENCING at the Southwest corner of Lot 1 of Jerauld's Subdivision, according to Map thereof No. 1034, filed in the Office of the County Recorder of San Diego County; thence Easterly along the Southerly line of said Lot 1 and along the Easterly prolongation of thereof North 72°05'35" East, 122.70 feet to the POINT OF BEGINNING; 1. Thence leaving said line, North 19°59'18" West, 81.44 feet; 2. Thence North 34°36'05" West, 10.35 feet; 3. Thence North 42°11'05" West, 9.79 feet; 4. Thence North 49°50'50" West, 10.07 feet; 5. Thence North 55°03'07" West, 20.07 feet; 6. Thence North 62°34'33" West, 10.34 feet; 7. Thence North 81°16'26" West 8.76 feet; 8. Thence South 79°50'16" West, 58.95 feet to the Northerly line of land described in said Deed; 9. Thence Easterly along said Northerly line North 72°05'35" East, 103.69 feet to the Easterly line of land described in said Deed; 10. Thence Southerly along said Easterly line South 17°43'22" East, 144.00 feet to a point on said Easterly prolongation of the Southerly line of Lot 1; 11. Thence Westerly along said prolongation South 72°05'35" West, 2.30 feet to the POINT OF BEGINNING. Said land contains 1,999 sq. ft. 0.046 acres, more or Tess. This legal description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Jahn R. B:'ggren, L.S. 6000 icense Expires 12/31/2010 Date: February 10, 2009 Exhibit B LINE 1.1 1.2 1_3 L4 L5 L6 BEARING N 19'59'18"W N34'36'05"W N42'11'05'W N 49'50' 50" W N55'03'07'W N67'34'33"W LINE IABI E. DISTANCE 81.44' 10.35' 9.79' 10.07' 20.07' 10.34' 1 LINE BEARING L7 N81'16'26"W L8 S79'50'16"W 1_9 N72'05'35"E l_10 S17'43'22"E 1.11 N72'05'35"E — LB PORTION OF 40 ACRE LOT 1 DISTANCE 8.76' 58.95' 103.69' 144.00' 2.30' L7 6 LOT 1 MAP 1034 5'E 122 1° 37 cri m LOT 2 POINT OF COMMENCEMENT SOUTHWEST CORNER LOT 1, MAP 1034 LOT 3 • SCALE 1"== 50' (Er3 / NN ,10 0\oN fw a t L11 POINT OF BEGINNING PORTION OF 40 ACRE LOT 2 LEGEND LEASE AREA 1,999 SF 2805 N STREET NATIONAL CITY, CA LEASE AREA = 1,999 SF IN ASSOCIATION WITH: TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST #116 SAN DIEGO, CALIFORNIA 92121 (858) 824-0034 / (858) 824-0036 5 City of National City, California CITY COUNCIL AGENDA STATEMENT /IEETING DATE May 19, 2009 AGENDA ITEM NO. 31 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A ONE-TIME PERFORMANCE INCENTIVE OF $15,000 TO THE CITY ATTORNEY PREPARED BY George H. Eiser, III �/DEPARTMENT City Attorney (Ext. 4221) EXPLANATION In keeping with the recent practice of the City to adjust employee compensation by granting a "one time" incentive payment, it is proposed that the City Attorney be granted a one-time performance incentive of $15,000, effective immediately. Environmental Review J N/A Financial Statement Approved By. Funds are available in account 001-2501 - Undesignated Fund Balance Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution finance Director Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A ONE-TIME PERFORMANCE INCENTIVE OF $15,000 TO THE CITY ATTORNEY WHEREAS, in keeping with the recent practice of the City to adjust employee compensation by granting a "one time" performance incentive, it is proposed that there be granted to the City Attorney a one-time performance incentive of $15,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a one-time performance incentive to the City Attorney of $15,000, effective immediately. PASSED and ADOPTED this 19th day of May, 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 ``''MEETING DATE May 19, 2009 AGENDA ITEM NO. 32 -- (ITEM TITLE TEMPORARY USE PERMIT (modification) —Request for the City Council to modify a previously approved TUP for the Philippine Faire on June 6, 2009 to authorize use of the City Stage, tables and chairs. PREPARED BY DEPARTMENT Vianey Rolon, 336-4364 Neighborhood Services Division EXPLANATION The original TUP was approved on April 7, 2009. A request has been made to modify the original TUP requesting authorization to use the city stage, 21 tables and 80 chairs. City Council Policy 802 limits the use of the City stage as follows: "The mobile stage and the equipment attendant thereto shall be used only on city parklands, and/or other public property within the city limits of National City." Use of the City Stage off of City property requires authorization by the City Council. Fees for the use of City stage and equipment total $1,940.29. The applicant has NOT requested a fee waiver. Environmental Review X N/A Financial Statement Approved By: Fees are .75 per chair per table, $1.00 per table, and $1,863.04 Finance Director for the stage. Public Works assesses fees for the requested equipment at a total of $1,940.29. Account No. STAFF RECOMMENDATION Approve modification of the TUP to permit use of the City stage, tables and chairs subject to all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Application for a Temporary Use Permit, email request for stage and equipment, with recommended approvals and conditions of approval. A-200 (9/99) Page 1 of 3 Vianey Rolon r.. From: Ditas Yamane [ditasyamane@cox.net] Sent: Monday, May 11, 2009 3:26 PM To: Vianey Rolon Subject: RE: Staging Hi! Vianey — The stage is 20x28 for 1863.04 The chairs 75 folding chairs = $0.75 each The tables 21 - 6 ft. tables = $ 1.00 each Thank you very much. ditas From: Vianey Rolon [mailto:vrolon@nationalcityca.gov] Sent: Monday, May 11, 2009 3:08 PM To: Ditas Yamane Subject: RE: Staging I Ii, Ditas! What was the quote you were given for these? Vianey Rolon ram.. City of National City Neighborhood Services Division Phone (619) 336-4364 * fax (619) 336-4217 vrolon@nationalcityca.gov The City has implemented a 4/10 work schedule. We are now open 7:00 a.m. - 6:00 p.m., Monday through Thursday. City Offices are closed on Fridays. For more information, log on to www.nationalcityca.gov. From: Ditas Yamane [mailto:ditasyamane@cox.net] Sent: Tuesday, May 05, 2009 4:29 PM To: Miguel Diaz Cc: Vianey Rolon; 'Podschun, Benjie'; Joe Smith; Dwight Fowler Subject: RE: Staging Hi! Vianey, Can we add the stage — 20 x 28 plus 21 tables -6ft ones and 80 folding chairs please advise moving forward thank you very much - ditas 5/13/2009 1 Page 2 of 3 From: Miguel Diaz[mailto:MDiaz@nationalcityca.gov] Sent: Monday, April 27, 2009 5:56 AM To: Ditas Yamane Cc: Vianey Rolon; Podschun, Benjie; Joe Smith Subject: RE: Staging Ditas, You will need to contact Rick Hernandez for tables and chairs. Vianey, Has this gone to council? We can be making changes if it hasn't or is their new TUP going out with their new request were we can fill out our information on cost. From: Ditas Yamane [mailto:ditasyamane@cox.net] Sent: Sunday, April 26, 2009 1:48 AM To: Miguel Diaz Cc: Vianey Rolon; 'Podschun, Benjie' Subject: RE: Staging Hi! Miguel, Thank you very much — We would prefer the big stage - May 1 also request the use of tables and chairs, please? What would it cost to use these? We were advised that we used these tables and chairs at the Last Philippine faire event at Kimball Park Please advise. Thank you very much ditas From: Miguel Diaz [mailto:MDiaz@nationalcityca.gov] Sent: Thursday, April 16, 2009 8:47 AM To: Ditas Yamane Cc: Vianey Rolon Subject: RE: Staging I do not have any vendors that we have worked with in the past. Our 13 x 28 stage cost $737.20 Our 20 x 28 stage cost $1863.04 Once I receive a TUP I will enter our information. From: Ditas Yamane [mailto:ditasyamane@cox.net] Sent: Thursday, April 16, 2009 12:26 AM To: Miguel Diaz 5/13/2009 Page 3 of 3 Subject: RE: Staging Hi! Miguel, Thank you very mulch for your guidance at the TUP meeting last Tuesday - as mentioned -- we are getting quotes from outside vendors re. staging -- ! was given datos by Vianey so will make sure to comply with these dates if and when we are going to request the use of the City Stage - Miguel remember the event - "The One" in May last year - that stage will cost us S6K -- (16 x 28) can you recommend a vendor, by any chance? Thank you very much - ditas Ditas Yamane Direct: (619) 474-2500 5/13/2009 9 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 [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDTl'IONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: ENGINEERING 0619)-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 coverage to be determined by the Risk Manager.employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 5 POLICE (619) 336-4400 On February 19, 2009, 1 received a copy of the Temporary Ilse Permit (TUP) Application for the Philippine Fair and Parade scheduled for June 6, 2009, from Corporal Aydelotte. I reviewed the TUP for traffic related considerations. According to the TUP, the event organizers are 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 be 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: 1 sergeant (0?, 4 hours x $76.90 and 6 officers (u) 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 he 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 "CODA -SD volunteers plus off duty SDPD officers will provide crowd a 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 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 g 8 hours x $76.90 and 18 officers 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 he 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 information 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 fbr 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 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 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:10BC tire extinguisher at stage. Extinguisher to he mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 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. Nierf 9) Provide 2A:10BC fire extinguishers in the child play and food areas. 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 one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag 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 he obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies nseet "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 1 1) First Aid will he 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 he 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 he placed within 20 feet of tent/canopy. Fire Department fees can only he waived by City Council. r/` FINANCE: (619) 336-4330 A Business License is required IF monies arc solicited, admission tee 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 be 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 be 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 be 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 I fold 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 be 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 he 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 torm) prior to the event. Let me know if you have any questions. 9 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. The 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 (a), 35¢ each b. Equipment 4 a $19.09 c. Overtime }lours 8 hrs (cp, $15.32 d. Total Parks Division No involvement Facilities Division: No involvement $ 5.25 76.36 285.60 $ 367.21 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. 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. l(� 'IN. -MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 7, 2009 AGENDA ITEM NO. ITEM TITLE 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. 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 for the Fire Permit(s), 12,91 1.04 for Police (estimated), and $367.21 for Public Works. The co-sponsorship credit is ($1,500.00). Total cost: $14,115.25. Account No. Finance Director STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) [1 IA 0202/20ED 15:41 6194746888 DITAS YAMANE PAGE 01 1 _'te"��n1?�.�. �r1b .1a7 ?' ' -Tfw),..J .a..1. jw r:Y • • • • • • %•`S Y^ 4 ti',1141..D.,.. ter? oi'r, .a f-t .. . f V .t!''IA yI. :i ✓r!. ` ..• -•.nd xv -,'.{. d . . •.,_d.r w h qm .l. n , .r .0i -,:.a Type of Event: Public Concert ✓ Fair ✓ Festival / Community Event 7 Parade _� Demonstration _ Circus Block Party T Motion Picture — Grand Opening _ Other Event Title: Tl t-Stt.lentl.* TA, 2col Event Location: LA)artf(E t✓'D rLt.'xA a114 - rke611314 Event Dete(s): From (.-01 19 Wirot f t° `` Total Anticipated Attendance: (fir 0W • MonthtDay/Year (2000 Participants) (kak$s0Q /J arn/pm Spectators) Actual Event Hours: apm to (.4:tY Setup/assembly/construction Date: CG 1•6131 Start time: 12: nn Please describe the scope of your setup/assembly work (specific details): (1 4fa+1S eoVb.0 btLiv Amn1/45ed • Dismantle Date: tD i W 109 Completion Time: 11: Cr3 ami`mrn List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day 30 time of reo Wing. fO{ZTH %Ot zo, NtAI,S'T4 0040 StARTt t,SG /pi,'tit, 1-16.5k 940 1ft/4 -5 cif o, -nit eD.i1 JC, &1 JAPEj'f O (6C Sponsoring Organization:OAO " S an A4rtl Profit V Noi�Fu�, , ► For Profirofit Chief Officer of Organization (Nome) ,_ 4 Applicant (Name): JO �0 - vC t 4 Address: c6512. e vde, Y N� �) 1_4C 414•'.53Fax: 4A9y di4.u�8`4 -iyake Daytime Phone: Evening Phone: event. ill-klettenqbleiltig 1 flirM 4tMg,JE Pager/Celtular. } ' 243° r t944 414.25C:Q1 Contact Person on site" day of the ts4wItA a ona4Gf� `sue NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1`5 02/02/2009 15:41 6194746888 DI TAS YAMANE PAGE 02, 'r rl '*• ,i l-p,- i - 0' ..}--:-•-- i*' `.. �, .+.. 1,• 1T (r , t � ga i }rr..�, c 1 w.,1 s 4'- .(4' h;, Y y� + •} •• L+L•-.r •}•hiv i 7r•. yp.•-1,- ra t . .Y'� t- +:. : ` .o.t J • i' -.�•+ . ( +c:t•a'. 7�Y ••••rr�ln�'•v..•w•a?•y.�.4?+. 4�. .;i.�+yr Yh tip. ;+,-. a.Lh"�.T.+;i•4,}„} i.„,_ Is your organization a "Tax Exempt, nonprofit' organization? DYES NO Are admission, entry, vendor or participant fees required? V YES _ NO If YES, please explain the purpose and provide amount(s): tecrro 46 0 R - t4 t to to el-urt) (p t S�bc ►.2 R & t? `i Aes4sC- $ Estimated Gross Receipts Including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? • Please provide a DETAILED DESCRIPTION of your event include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. iM1t ih4'1A,4Q 2 O4 noNMd4otirm ct4 o e A c i tfAp. S4f t v& t, o i xa-ka, ,ba d G r Via# 4. fiRStt4� a(f S ande�S l tact� 1i aS l ,\Axyg 94. 0, torrvntAniiV tc,un S)t• 16V s Y . Tair4 is lippj 4"-)".3j4 toff-% ‘14)0ctOc.4 0 cd(Ael a NOiej,i ihco- tneinActod AwcA &rt civli'tn 01,eff. 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. U2/1J2I2 by 15: 41 b1y4 /4bEiEi8 DlIAS YAMANE PAbE 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: *Cif w it e,%k- J 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. J YES NO showing all streets impacted by the event. acid • eal0e, IYES — NO Does the event involve the use of tents or :'r Y ,S: � �O� Number of tent/canopies ft5 Sizes i (4 �p NOTE: A separate Fire Department permit is required for tents or canopies. t.4 i n g YES "NO N1fiII the event involve the use of the City stage or PA system? CV44"tt Does the event involve a fixed venue site? If YES, attach a detailed site ma 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 0446026, 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 retumed 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: CtUr, 14►Ii9 °�rtecittli f dO Sad Ei� c64 Yl be. claian 1� b2/h2/2 i J 15:41 b14/4b03b8 ll 1 I A5 YAMANL I'AUL Ii4. AA Please describe your procedures for both Crowd Control and Internal Security_ ,14)6,,810,43 'tut tw mz6 YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES /NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. q6;‘, rIAN ittoc4on irpnr,oic 4644041.,,knro4ktt t k to ��rrowli- Please describe your AcceYsibility Plan for access at your event by individuals with disabilities: J • r _ �. f. 4 1i• 1- , 1 •1 Y .. -< V , " s 1 __ ,- .iw.v AVM n j v. 4 ( '..;,�., .. i .: I 11. ^ .'R 1<1.:!•.r'^ll.;'.«.�.. . .,1'. . " )' •" i Y. 1h-'..z.v.-4...u4 N•.. 'r>`. .I.ti.^•. ...n.<.....•, f!`r'"1'" •:..1i.1., 1.4.. Please provide a detailed description of your PARKING plan: aS 10 W)tSi a C CS f- (aAiZenck4 A(ItYnrVown • Please describe your plan tor DISABLED PARKING: cn S►aCto letti;n 4qQn4 tr,ai eta.ar MGK Ito 02/02/2009 15:41 6194746888 DITAS YAMANE PAGE 05 Please describe our plans to notify all residents, businesses and churches impacted by the evenx�c4st 1440f t acS, 'a.% o .1 �A.i� 'e�ci 044)44 Mr MA • NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. '._..�: •r.i t P ,,..,.F:._-... -ti it i .i-�: K •1 i - v•: mac- ai•^; +^l v:r c1 • .. ..�• �:. L.... .. a, ..i.0 .a... YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music:(` e",'1r: ntJ • / YES ^ NO MU sound amplification be used? If YES, please indicate: Start time: 10.0 0 aslpm Finish Time ` 4:)3 am! YES ^ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: '9to a pfpm Finish Time I0 �00 ar�/pm Please describe the sound equipment that will be used for your event. ��► ►��nG d f v.1 imi°ir)1 r Y+auS1 d �#. YES ! NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: lJ('• f YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 1 a; S n caS , ; �+t � ic�na ck t - Revised 08/10/05 11- b1/112/1111Y3 lb:41 bl34/4b3*3 ll11A5 YAMANE NA(± Ob. Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Budding & Safety Department 02/02/2009 15:41 6194746888 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. clan `fit sap Organization C-4)1-611'10 Person in Charge of Activity 14 SC�Uh Address 532 E • 4, nun°. Or dt ci 1 t crIct.,,, Telephone'QIL' 414. agcs3 Date(s) of Use II t.° ( 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 Trtle Data ice Use Only Certificate of Insurance Approved Date 02/02/2009 15:41 6194746888 DITAS YAMANE PAGE 08 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 sponsorina orrgganization CAS0s0 ' \IQ"'r-6a e u h1, (M 1kA Iat) twwczC4ta ggrs-DoTo Type of Organisation •0 t ( TA O A 61.E t ,f -k6t4, 'On''1 r1/ (5ervica Club, Church, Social Service Agency, efiC-) 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. JNo (Please proceed to Question 5) ao 02/02/2009 15:41 6194746888 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 an explanation and details. friodg °I c)cwie,tt Aold rat 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 Giris 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; f No (P lease sign the form and submit it with the TUP Application) Signature Date 02/02/2009 15:41 6194746888 Wstfie[d Plaza Bonita January 22, 2009 Mr. Joe Olson Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 DITAS YAMANE PAGE 1B 3030 Plaza Bonita Road $2075 National City, CA 91950 F 619.267.2850 F 619.472.5652 RE: TEMPORARY USE PERMIT, Council of Philippine American Organizations of San Diego Dear Mr. Olson, This letter serves as official authorization for COPAO San Diego to hold an annual Heritage Festival at Westfield Plaza Bonita located at 3030 Plaza Bonita Road, National City, CA. COPAO San Diego is approved to occupy the parking lot on our property from June 5, 2009 through June 7, 2009 for setup, operation, and removal of the heritage festival. The actual festival event is June 6, 2009. Please call me at 619.267.2850 if you have any questions. Thank you. Sincerely, Ryan Pdcq. CSM General Manager 02/02/2009 15:41 6194746888 Map of Mervyns (619) 267-4700 DITAS YAMANE PAGE 11 Page 1 of 1 Map of Mervyns (619) 267-4700 Y$Hloc 1 LOCAL Kap. 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 precaut►ons. This Is only to be used as an aid in planning. http://maps.yabtoo.comlprint?ard=1 &v3=0&.int1=us&&.nnvt�m&tp=1 &stx=&c1at=32.6559... 1/26/2009 1,11/ 2 if Uby 18: 5ti b1 4l4b8titi ll1IA5 YAMANL NAC* Intez 1 Rever u;: S -v1.o P LnnInj Cc £Cc17i-j r..ocrzt7 21;7 grit S.:aft. EP/IO ii7L 77_ . - 1::7 -P.O. Box r..54 _ los JLnce;:_3a, CA .;!n53•iZ.130 - COUNCIL Or PIL1PI i A1ER {:*ail Ctht: OF ti:r:tw DI EGO COt;NTY a4Ot) E 1 rig ':T STE 211 NATIONAL d•IAL CITY. CA 9201;0. Gent 1 •-:mr n . EF'/EJ Dic) o;ure Dez,k P.0. 13o`C 7_.3E iJ �.t► i .^,°i�f:1 F 3 5,; :2::053 .F'ersnn •(.n rr:nr t-sii t•: C. Mir?f l.)r iefer `'c-�•I; 4-: Da t,F? 4'' %C : 9S''2$O f 79S' F TN 95,2801 705. This: i r a rk S ti=•onsc: t•n your r f?W="S1_ for 1t tfir /_.i the abc'vr-n=srhr•: .:•rreilitatrl..in. A rE-vit?b: of our records rd1i c at-a:S that t-h`' .CaV .-- ilZ:1R'" _i =.r.?anis it ion was rec4•;nicld i-I, be oxr,mC•t- f t'1::w Fjzc!Ar 1 tTir:_dd•-- t. x in October 1972, as an ._',rcanizat-) C•'I i!r ic;-i bc•rt in Internal Rev.:nue Code section 01(r)(3). It )'7 .J".tl'`•{a_?1` classified as an organization that . foundation as 6 f ined in fiction • 09.(r) of thn code, b r:.0 .— it -is, an Drgani^at.ir.al detcribi:al In sf"rt•inn 17N1,.j; 1 ‹ft)t Yc? are not holdover, able to provide you t i U; a1 cn,r'; of p:-: %mp t.:+ :•n I r! t t-tb r c t• this Li. tAir . ThC- c t r r In l rid i• 1 _•Tl i f f-L-f- r issuri1 on October 1972 continue t • Of? in If you i n- ne ti of further c'ass i l ar:t'•, i l ti %ts•f_: f t. 1 e r ec to contact me at the •-,t..vh -a d6rt=ss We pr ec irate your cor'.p£.'rat-ion in 1.(ai � rf•a rct_ `zlncerr.1 y , 01 /.29/20018 18:52 6194746888 DI 1 AS . YAMANL - PABt - 11 Very truly yours, j1AT1 OF CAL ORN'A FRANCHISE TAX BOARD S ACRAmIti1Q• Ca1IiORN)A 95657 Filipino American organizations of San Diego County 531 - l6th Street San yiego, California Gentlemen: Purpose: Code Section: Form of Organization: Accounting Period Ending: Organization Number: June 27, 1972 In reply rclfer to Ep:JCS:4P Social :elfare 23701f Corpart:.cn 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 or 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 (h-1/2 months) after the close of your accounting period. See annual instruction vd th forms 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 thJ 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 buying yip or cooperative credit union, will jeapnrd!e the organizations eft status. James C. Stevart Counsel Xcc: Secretary of State (Corp) cc: P.egi.trar of .lritsble Trusts L cr: r,1c: , r., •,. --tti11 , :a.' Cleex, Legal Aid Society of San Diago, COUNCIL OF PHILIPPINE AMERICAN ORGANIZATIONS OF SAN DIEGO COUNTY, INC. P.O. Box 1504 National City, CA 91950 Tel: (619) 477-4090 COP.40 it a California Public Benefit Corporation and IRSK:13) 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 61h NATIONAL CITY, CA. COPAO - San Diego and Westfield Plaza Bonita entered into an agreement to hold Philippine Faire 2009 featuring the 111 th 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 for a bigger and f.m for all festival. Philippine Faire 2009 Over-all Chairman Benjie Podschun 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_ or the Philippine Faire 2009 Queens has also been set to Saturday, May 23rd at the Town & Country Hotel in San Diego. Sub -Committee Chairman Alice Podschun, a PF Queen herself and President of the City 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 Faire - 3-12 years old ; Miss Teen Philippine Faire -- 13-16 years old ; Miss Philippine Faire - 17-25 years old ; Mrs. Philippine Faire - married women) Hurry! 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 Ferrer. Philippine Faire 2009 is one of the programs and projects of COPAO - San Diego in fulfilling its mission to promote quality of life. For more information about the event and for sponsorship opportunities, please call COPAO Executive Director Ditas Yamane (a), (619) 474-2500 or COPAO Secretariat (619) 477-4090. COPAO iv a nonprofit )O/c(3) organization - a collaborative of organizations united by a common concern for the economic. social and political empowerment of its members thrnugh developmental programs and projects. - EVI) - ab COPAO - SAN DIEGO PHILIPPINE2009 Mill Celebration of Philippine Independence THEME: EMBRACING DIVERSITY, UNITY AND CHANGE! Saturday, June 6, 2009 • 9:O0am - 5:00pm • Westfield Plaza Bonita • National City, California skif For more Information, Please Contact: Ditas Yamane, Exec. Dir. Plaza Bonita cam— (619) 474-2500 t jtl Eije f itiptno mimes email. ditasyamane©cox.net www.copao•sandiego.org City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 19, 2009 AGENDA ITEM NO. 33 (ITEM TITLE TEMPORARY USE PERMIT — Movies in the Park sponsored by the Community t Services Department's Neighborhood Councils. On June 12, 2009 in Las Palmas Park, July 10 at the pool, August 14th and September 11 th at Kimball Park. The showings are from 6pm to 9pm. PREPARED BY EXPLANATION Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division This is a request from the Community Services to conduct the Movies in the Park event at Las Palmas Park on the evening of June 12, 2009 showing Kung fu Panda, by the Las Palmas Pool on July 10 showing The Goonies, at Kimball Park on August 14 showing Field of Dreams and September 1 I , 2009 showing Night at the Museum 2. Movies will be screened on an inflatable screen. Set-up for the movie will begin at 4 p.m. and the movie will run from 6pm to 9pm each day. Information and concession booth will be set-up along the perimeter and spectators will watch from grass areas, bleachers, or recreation areas. This event is designed as a family night for the residents of National City. 300 people are expected to attend the movie viewing. Refreshments will be provided by the Community Services Department and clean-up will be performed by volunteers. Environmental Review X N/A Financial Statement This is an event sponsored by the Community Services Department The fee for the electrician to set-up the event is $533.12. Approved By: Finance Director 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: Community Services Department EVENT: Movies in the Park DATE OF EVENT: June 12 (Las Palmas), July 10 (Las Palmas Pool), August 14 and September 11, 2009 at Kimball Park TIME: OF EVENT: 6pm to 9pm APPROVALS: PLANNING FIRE PUI3I.IC WORKS/PARKS FINANCE COMMUNITY SERVICE POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES [ x ] NO [ ] YES[x] NO[ 1 YES [x] NO [ ] YES [ x ] NO [ 1 YES [ x ] NO [ ] YES [x j NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed City -sponsored multidate event and note that they will he held entirely on City property at the stated outdoor venues. The logistics of the events appear reasonable and do not pose any unusual liability exposure to the City. I have no objections to the events as planned. PUBLIC WORKS/PARKS Public Works Department staff has reviewed the application for subject Te►nporary Use Permit (J'EJP) and recommends approval subject to the conditions listed below: Street Division No involvement. Park Division No involvement. Facilities Division Cost of labor for the electrician is as follows: 4 FIRE • June 12 4 hrs (overtime) (rid $33.32/hr = $133.28 • July 10 4 hrs (overtime) (i% $33.32/hr= S133.28 • August 14 4 hrs (overtime) (c) $33.32/hr== $133.28 • September 11 4 hrs (overtime) (a), $33.32/hr= $133.28 • .l'otal $533.12 Unless waived by the ('ity Council, the applicant shall pay $533.12 to Facilities Account #626-422-223-102-0000. Stipulations required by the Fire Department for this event are as follows: 1) Fire Department access into and through the movie 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 Tess than 13 feet 6 inches 2) Fire I lydrants and fire department connections shall not he blocked or obstructed at any time. 3) Participants on toot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Provide one 2A:10E3C fire extinguisher at inflatable screen. Extinguisher to he 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. 6) internal combustion power sources (generators) that may be used for inflatable screen shall he of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall he conducted only when the inflatable screen is not in use. 7) Internal combustion power sources (generator) shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the screen. 8) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 9) A tare safety inspection is to he conducted by the Fire Department prior to operations of the event. Type of Event: Public Concert Parade X Motion Picture Fair Demonstration _ Grand Opening Festival Circus Other _Community Event Block Party Event Title: S-D 1.-A0 J t `L S ( Tv'ttc- PA Event Location: titl OA-Lf»45 �1)0 — P00 L f Q� q - L edit - rtMA1i( Total Anticipated Attendance: ?© C) Event Date(s): From to Month/Day/Year Actual Event Hours: L am/rr to am/C7 Setup/assembly/construction Date: Start time: "1 Rtvl d RY if,`"P Please describe the scope of your setup/assembly work (specific details): Se up /ter k (-r&) k sc 222ek If A ✓ ebd ; fig-ref-4 o f Ca"0 49 le (L (oACeSS % ar 1 iv -to ivoc41 1- Dismantle Date: Completion Time: t am/0 4a l 0'0 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. 1 ( Participants) (30O Spectators) N /a Sponsoring Organization: C' OM M u N ' T`( S� J. C —S For Profit �� it OCC Not -for -Profit Q Chief Officer of Organization (Name) k__ 1 - Applicant (Name): (,O Pe-Z Address: ka`13 t C 8l-V J Daytime Phone: (. ) 451.0._ Evening Phone: ( ) _ Fax: ( ._) Contact Person "on site" day of the event: J % Pager/Cellular: 5.(cl etia:!)42) NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS BIitS MSZIirs`4- ' xYye Yr+ Yi r 1 }+�ri { # G Rsr w ce�'a ` i � e .u�' asm'+ �,�! �i� u^ � ti x s1 ouia e � Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES __ NO YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? c � i'Mr+�+-.-5/t�T •.�"'T'�"..�'<, .S'r" 'r�.r. �` �r,`a +� M'�;� +.+'�.�e>• *^�t"l +{�+r• 1� p�<,.Y „r � r�^i-x-{�. r --r{ •..-� ��y L Y � � {A yam. ""�i` I '1 �t �-1 �!�. yV'^Sf, t J x \ S �'.'�(s.nzfV� ry� 5'a'�'�i.,�.� ��r l i-1 Wk •j r { �� .. F•�.-; a�tt5.,.,a �ir;.�t, tz�a ..� #s��'�?�� `�'?;r 3'3,y.+: l�..c cti�±�r3+w"�.�Lt jit+ 3'�,�a,.I T� +�"w„ �t Kaj1s'rX i+'' i�a` r.. tr, y;.*$T T<�w � � -r t .r-ki `a'� A �v t t�i y�si .-t a. i+ u m µ�� i roc d � ni; .`-��i' "��Y1,t,,, L`i , : rY T .. r 1 .t>:'+,; p , aV. t Yn s4r� t �+ ! ,r a n 3 ri"':;3-'a�..S',.:. (, .{f if �1-'• (^�'+. yz.t tt r `.,aG'a �, - t 'e}'•4c 5. -t wr`A • �p L u�F 3 S'�` 'ti`•'< �° t J a+. �' Y7.w ' > aicj', ♦ s i t tae+� of t �y . : t t w S �_:2'-',qr K bt_�i.,jy;,i.r� • r.-� �'h..y fv-;� �,.a sr t: :3+ �3 S 1,. fr'.tk;v Ri .tx J,4 4. r 7�4-1 " i "4-s1` Y a r r e '4e y`: -sr - �N-'•�, : i w r . -r t 3'. r� t `'nv 0 * ., c. a r '!9 V' d+ "t.w 3 v 4 �,,c} a :ry vt A d • r� ri( C, .'r *i vn1 �w q+ �� a `�r c« byy t 4 �` � y r'1 �ti�>, a }; '�C� i � i w�lt`� 1 {� 4 `� �''� 'ice -.ram 4} T� � '?�.,x��-,.'S �,,,, ,'L c.b 3r ._itir 'Iktrt hafi �°S+c<"tir 5^,.c"-,.11L 'y1 ,•. �a'ft'T -.`''s A 4.1--1 .1, rt.,, :�.» nf`.!e'` FP f y�;,tk tx'.�re Lj3�:i a use �f:` � �?" r ' 1° 'd#,.t'.±1-,.•p`. 4dall. t • *-'!Fi.—..: x' 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. MCUt i5 Iw tLL 4€ Sc ct-s�(, o INFO ekgLSc2fc€.l i . (NPo goo-t 4 CO Q-SSto1.1 oaT LA- t,J. SeT - v P mot- C (4_2x t-A € Le.. SPPc t1 tb 2S w t LL c424-r-c_ t-4 IF2.0,‘" c-v,-ASS A-62-€A-S f 6 Lk_ 4c-S 0 R-tictt s - t ' n._ 0- S • YES NO If the event involves the sale of cars, will the cars come exclusively from NCR National City car dealers? If NO, list any additional dealers involved in the sale: YES ENO 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: Choi 13E4k-e 4-6�- 5 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 u of tents or canopies? If YES: Number of tenUcanopies -_ Sizes (0' :C 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 (1,� _�� C4, Please describe how food will be served at the event: t'� t.NP,6ctc , gcr-n-L O w�� , S'oA ce+tvs . 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: �xc ST �tJC-, iaS (k Coln.'\ J S , ({ '� 2 p�� L Please describe your procedures for both Crowd Control and Internal Security: )c e ot.J YESNO 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: )((s<tMCA P � tl& tNC-1 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. NC F1) 0k -N Please describe your Accessibility Plan for access at your event by individuals with disabilities: 9002K PFtS AkcEss 3 - Please provide a detailed description of your PARKING plan: EX SC ( N C-1 2--� tJC1 (Do3 Please describe your plan for DISABLED PARKING: F'L`1(\ST \t•-) t%-k tDo)tcoc S QPcC '? Please describe your plans to notify all residents, businesses and churches impacted by the event: itAP(kc-r Q e P'2T‘Q—S NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: Number of Bands: __ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: am/Finish Time Ci ✓C am YES f-NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: _ am/'pm Finish rime am/pm Please describe the sound equipment that will be used for your event: YES )(NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 71- NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: for Office `(use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization COAMA tl N t �rG 2'/kC4S Person in Charge of Activity e_o cl Address \Q-A3 NC Telephone �'3(o 11PC) Date(s) of Use IP 9, fy(to ,I, HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature Z?f-fcplicant Nti jr l oor h6,0,S Coo r c ; Coak Official Title Date For Office Use Only Certificate of Insurance Approved Date REQUEST FORA \JVAiEROFFEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? )C Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization C; t c$ JA11014 C. i • Type of Organization MOAici tpj Goa QD r l,�o\ (Service Club, Church, Social Service Agency, etb ) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Ca- SignaturelJ k qe LA(e, ei Da 11 City of National City, California COUNCIL AGENDA STATEMENT `4u-MEETING DATE May 19, 2009 AGENDA ITEM NO. 34 (T.EM TITLE TEMPORARY USE PERMIT — National Night Out on August 4, 2009 from 6 p.m. to 10 p.m. at Las Palmas Pool. This is a National City Sponsored event per City Council Policy #804 sponsored by the Community Services Department's Neighborhood Councils. PREPARED BY DEPARTMENT Vianey Rolon, 336-4364 Neighborhood Services Division EXPLANATION This is a request from Community Services to conduct the National Night Out event at Las Palmas Pool on August 4, 2009 from 6 p.m. to 10 p.m. The pool will be open for this event and it will be staffed by lifeguards. The FFA will BBQ hamburgers and hot dogs. There will also be promotional booths staffed by NCPD, CSD, and Target. A movie may be displayed. The event is a National City Sponsored event per City Council Policy #804. Therefore, the applicant is eligible for a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP and $470.85 for Public Works. Total cost: $707.85 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval including use of the City Stage. 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: National City Community Services Dept. EVENT: National Night Out DATE OF EVENT: August 4, 2009 TIME OF EVENT: 6 p.m. to 10 p.m. APPROVALS: PLANNING YES [ x ] NO [ COMMUNITY SERVICES YES [ x ] NO [ RISK MANAGER YES [ x ] NO [ ENGINEERING YES [ x ] NO [ PUBLIC WORKS YES [ x ] NO [ FINANCE YES [ x ] NO [ FIRE YES [ x ] NO [ POLICE YES [ x ] NO [ CITY ATTORNEY YES [ x ] NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS ] x J SEE CONDITIONS [ x ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Reference the above TUP, on -duty police personnel will extra patrol as needed. I copy of the TUP has been sent to the NP"I' 1 & 2 Watch Commanders FIRE (619) 336-4550 1. Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances, (lire hydrants, sprinkler system connections, etc.). Within the surrounding area of the event. 3. Cooking area to have one 2A:1013C. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will he required. All fire extinguishers to have a current State Fire Marshal Tag attached. 4. Parade participants to move immediately to the sidewalks upon approach of emergency vehicles operation emergency warring devises. RiSK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the event will be held on City property at Las Palmas Pool and the surrounding park area from 3:00 p.m. through 11 p.m. August 4th to accommodate set up and clean up. Although only 300 persons are anticipated, Community Services staff, lifeguards and NCFD must he vigilant because of the increased risk of the open pool. The applicant sponsoring organization, Community Services, is a City department so this is a sanctioned City -sponsored event. No separate insurance is required. With the proximity to Station 34 and attendance of NCPD, NCFD and members of FFA, we're covered it -there is a medical event. The TUP application is silent as to whether participants will be marching anywhere or simply enjoying the provided activities and booths/displays. in order to minimize accidental falls into the pool and maximize observation of swimmers, the area immediately surrounding the pool must be kept clear. Otherwise, I have no objection to the event as proposed. 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 Cost of labor for the electrician is as follows: • 5 hrs (overtime) (u $33.32 per hour $166.60 Fees Unless waived by the City Council, the applicant shall pay $166.60 for staff costs associated with this permit request. funds should be deposited in Facilities Maintenance Acct 4626-422-223-102-0000. Thank you for the opportunity to comment on this TUP. We would appreciate receiving a copy of your approval / denial report prior to its submission to the City Council. Please let me know if you need any other information. Actual Event Hours: _ ( p Type of Event: Public Concert Parade Motion Picture Event Title: Fair Demonstration Grand Opening Festival Circus Other Event Location: uiPcs_ t if00 �— 4C, ommunity Event Block Party Event Date(s): From Oilf to t5( Total Anticipated Attendance: _ �C) Month/Da /Ye _P articipants) (__ _ Participants) (__ _ _Spectators) - am'`0 Setup/assembly/construction Date: 0 q Start time: 3 en-1 Please describe the scope of your setup/assembly work (specific details): cc, 4- v e 1.4 6 ((s__ea.,/ o p;e 5 i_ PA- sys kce A Q Dismantle Date: Completion Time: 11 am/ 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. i.Tjif.j��yt if+' �'�;�'ai1,w1I�/y�,\"��'�{1+�[Fe 1 'I��Tah�2f'��y u.�' y. .Y.,'(„S ti 0 i 11 MV t*�7 z % 4.,� � a�,P � 9�yw}^MTII w p� i. w �'�?' `.w.'�� V�7jse, k-4 K+ •V.n c.Rex r?; .__ d �v: .i?i'lTZ 4�lii' a #Z `V 'Li `K7�` +�s '°' `1 +"'hii e, h4 .'.. j "lit �� r}{j.A1. 17`H� ST'.6. LL +�►! i`4�'n•^ YEIM- Ma�" S6T .(Ye-iti- Am FiM P F• - 3 }i 7�� r/ 3 %At i w1 $ \ I - 4A W it d dwra ; Ytlply` S M c+ a ►, f .r a - 4 (� � t!u°,lii;2t Ttrt'''`5'{ 'tr. ti.{v 7 utl lt+1•R" ea[ P{, Sponsoring Organization: Ct7MM U N (N s€ _d (C 4- S _ For Profit Pr 1•� OA `u _ fi Chief Officer of Organization (Name) j�1• L S Not -for- ot Applicant (Name): J Address TTT C0 P6- ta\t3 N c Daytime Phone: 4- Sliqvening Phone: ( )------------- — Fax: ( ) Contact Person "on site" day of the event: R1i O•( W P4.2 Pager/Cellular: it ict 012, 'a 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? 'L YES NO Are admission, entry, vendor or participant fees required? __ YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. W i LL, p °K O sI Y4-ci L 1 G E-iuA Q S. FAA w(Li_ gQQ ugpigueC{a2_S AA A EWE- b O C S . -T 1-tie€ w' LL STAT-%- O s PLay5 / f1ptv‘o i IoN1kL eoa r45 FI✓�I e y Nc P,I (CO , -fiec-�€ 1k-uS O (2 Pt eko ✓ t k_ SCQ-�;c N (N c--1 . YE, NO 0 A If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES )( NO Does the event involve the sale or use of alcoholic beverages? 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. 1 _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. A. YES NO Does the event involve the use of tents or canopies? If YES: , Number of tent/canopies 3 Sizes (0 ` X (0 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: rt-z If yo intend to cook food in the event area please specify the method: LGAS ELECTRIC CHARCOAL _ OTHER (Specify): Y 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 s Fencing, barriers and/or barricades Y Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers • Other related event components not covered above • Trash containers and 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.) Nurnber of trash cans: Trash containers with lids: Describe your plan for dean -up and removal of waste and garbage during and after the event: ktk5t kc.), -i-Qk' 4 Cot.STAIO-P-S L -rx_4_ -7'2_, b US W ti-'-1 5 1 �ii ,.fit •'� sy t� -� �� 'Y �, � � fir, ."` ' =s'Ta fA �l k.� n� ''.G s v 0141. �' 3�$ r..ygi .r ,Tvr ''F'•Za:,ve nC TS"y �.•�-,.� ,.a'.� f d�!Y.F.^c'!+. `tT3', s��`• '+ s��!t=�•K4a�'''f't�•?az�:K'�=Ft"t.+,.+�cti,r �"�`�iffFi�a.�'a.,, r;r,+..�t��i `Fti•�i+r Please describe your procedures for both Crowd Control and Internal Security: YES )(NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: P L(6,,tir1,3c„ Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. CS ittok0 Please describe your Accessibility Plan for access at your event by individuals with disabilities: PooL_ eta ce. 4cc>✓ss ci LE Please provide a detailed description of your PARKING plan: tek, tJ c-1 L o Please describe your plan for DISABLED PARKING: q4 ,S-c ° M k(KT 0) S Po \Th ro Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES 4 NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: l--" am rr Finish Time (c7 anim� YESXCNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES T NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization CO'tJ gr s ki t CG S Person in Charge of Activity P-0 (-%1 e Z P-4- c J3t,JJ Address Telephone J 3 lO O Date(s) of Use (y O ci 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 `�ppiie✓ant V NE`' IAbvchov.f- co✓nc. Cootz t i (O °t Official Title Date For Office Use Only Certificate of Insurance Approved Date 9 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. D Name of the sponsoring organization C' { - c`ii4Act-e e of Organization ail Z c : co Po Q-Arri it.(Service Club, Church, Social Service Agency, etc. 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) To,..•-b&I"-- Signature q zf k O Da e City of National City, California COUNCIL AGENDA STATEMENT `11" MEETING DATE May 19, 2007 AGENDA ITEM NO. 35 (--- ITEM TITLE A Request to Initiate a Street Vacation to Vacate the Alley Between West 23rd Street and Bay Marina Drive (Applicant: Community Development Commission) (Case File No. 2009-04 SC). PREPARED BY Martin Reeder, 336-4313 DEPARTMENT Planning EXPLANATION The project site is a 20 feet wide by 250 feet long alley that bisects the block hound by Harrison Avenue, West 23"' Street, Cleveland Avenue and Bay Marina Drive. Six parcels, all owned by the City's Redevelopment Commission, lie adjacent to the alley. In order to prepare the site for future development, the alley must be vacated. The City currently has an Exclusive Negotiation Agreement with a developer regarding the property. The City's Street Vacation Procedures adopted in January 2006 require that the City Council initiate a request to vacate any public streets. A complete report will be presented to the Council at the scheduled hearing along with a recommendation by the Planning Commission. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION f Staff recommends the Council initiate a Street Vacation to vacate the alley between West 23rd Street and Bay Marina Drive. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application 2. Map of proposed alley vacation (Exhibit A) A-200 (9/99) NATIONAL CITY, CALIFORNIA STREF'F or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National ()ly Planning Department 1 243 National ('ity 13oulevard National ('ity, California 91950 (619) 336-4 310 FOR DEPARTMENT I' USE ONLY (Tase Number 1-00 ' 1_.... _. Filing Fee $ .._... Receipt No. Date Received .ZS/d%\ Ily E.A.F. Required i Fee $ _ Related (uses NO'FF: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed Jor present or future uses as U street. See attached Vacation Procedures for more inhumation. Please consider InY request for the vacation ofAll ey on Block 280 of Maj) No. 348 located between Cleveland Ave. and Harrison Ave. and as more particularly shown and described on drawing of area to be vacated, prepared by Colby Young dated _ , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) Eliminate vehicle access from ends of alley and prepare site for future development. AlULy.vacation is necessary to remove existing railroad tracks, a:>called forby. the Marina Gateway beautification project. Title Examination Report obtained by Chicago Title Go.date 8/8/2001 Street or Alley Vacation Request Application Revised December, 1998 Pare 1 of 2 1 (attach copy) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Community l)evc4lopment Name: Commission of National City Signature _killi3OA, iekze3kas.ifinryp,___ S i gnature (Signature ack(Qc)wledges that this (Signature acknowledges that this application is being filed) application is being tiled) Address: 1243 Nation•al_ City Blvd. National City, CA 91950 Address: Phone No. (619) 336-4250 Phone No. Fax No. (.6 1 9 ) 336-4286 Fax No. Date: 7)--h,s / oq Date: APPLICANT Name: ColBy Young (Please type or print) Signature: (Sigtiitfre certifies that the inibrina(ion submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 1243 Nat ional City Blvd. National City, CA 91950 Phone No. (61.9)_ :336-49.7 Fax No. )ate: (619) 3367426 -)./) ')/oq_ -- Street or Alley Vacation Request Application Revised December. 1998 Page 2 of 2 anuany UOSW H 23rd Street 55971706 55911707 Bay Marina Drive 0 1 0 1 I55917701 55911/72 M. 559911716 5' 7 anuany puelanal3 r City of National City, California COUNCIL AGENDA STATEMENT `'64.7NEETING DATE May 19, 2009 AGENDA ITEM NO. 36 ITEM TITLE Notice of Decision Planning Commission Approval of a Conditional Use Permit application for the Sale of Beer and Wine at a Restaurant and Video Arcade at Plaza l3onita Shopping Center, 3030 Plaza Bonita Road. (Applicant: John JIPC Ventures, Inc.) (Case File 2008-52 CUP) PREPARED BY Martin 1 e 336-4310 DEPARTMENT Planning EXPLANATION The project site is the ground floor of the former Mervyns store at Westfield Plaza Bonita in the Commercial Shopping Center (CSC-PD) Zone. The space to be occupied is approximately 45,000 square feet in size and located on the east side of the mall, towards the north end of the center. John's Incredible Pizza proposes to operate a buffet -style family restaurant with dining and entertainment areas. The proposal includes four themed dining rooms, eight private party rooms and a small cafe area adjacent to the entertainment area. Up to 75 games are proposed, of which 10% will be video games and the remainder will be interactive games that dispense tickets that can be redeemed for prizes. There are also two rides proposed in the entertainment area (a roller coaster and a twister ride), as well as a bumper car area. As part of the application, the applicant is requesting to sell beer and wine with food sales. Alcohol is proposed to be available from 11:00 a.m. on weekdays and I0 a.m. on weekends to 9:30 p.m. (10:30 p.m. on Saturday). Alcohol would be available by the 12 or 20 ounce glass (beer) or carafe (wine). Alcoholic products would be stored in the kitchen/food preparation area, and be available with the purchase of food. All restaurant customers would be required to purchase an all - you -can -eat meal to gain access to the facility. Additionally, alcohol consumption will be limited to dining areas only. Westfield has advised staff that John's Incredible Pizza would employ 150 people and is expecting to generate approximately $7 million in annual sales, half of which would be taxable. Planning Commission held a hearing on May 4, 2009, at which time Commissioners asked questions regarding business operations and the community meeting. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION P Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 8-2009 2. Location Map 3. Reduced plans A-200 (9/99) RFSOLJ ITION NO. 8-2009 A RESOLUTION OF THE PLANNING COMMISSION OF FIIF CITY OF NATIONAL. ('ffY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALI'; OF I3U:R AND WINE AT A RESTAURANT ANI) VIDEO ARCADE. AT PLAZA BONITA SHOPPING (.:INTER. 3030 PLAZA BONTI A ROAD. APPLICANT: JIPC VENTURES, INC. CASE PILE NO. 2009-08 CUP WI IER[AS. the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of Neer and %vine at a restaurant and video arcade at Plaza Bonita Shopping ('enter, 3030 Plaza Bonita Road at duly advertised public hearings held on May 4, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-09 Ct.111 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures requires[ by State law and City laws: and, WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NOW, THFREI:ORE, 131', IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 4, 2009, support the following findings: That the site for the proposed USC IS adequate 1n Size and Shape, since the 45,000 square -foot commercial space within the mall would provide adequate area tor- restaurant and amusement arcade uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of alcohol sales and an amusement arcade is not expected to result in an appreciable increase in traffic and the traffic volumes were considered in the Mitigated Negative Declaration prepared for the mall expansion. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant and amusement arcade are located in a developed commercial mall more than 500 feet from the nearest residence and over one mile from the nearest school. Also, conditions of approval controlling the sale and consumption of Neer and vvine on site and the installation of video surveillance cameras to monitor activity throughout the site will reduce the probability of undesirable activity. 1 That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the Plaza 13on►1a Mall, and provide added entertainment for the community. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages in conjunction with food service pursuant to law. BE IT 111R T111:R RESOLVED that the application for ('onditional Ilse Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption and for a video arcade at Plaza Bonita Shopping ('enter. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2009-08 CUP, dated 4/7/2009. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.1 16. 190 of the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also he revoked, pursuant to provisions of the 1.and 1 Jse Code, if discontinued for any lesser period of time. 4. Before this Conditional l Jse Permit shall become effective. the applicant and the property owner both shall sign and have notarized an Acceptance Fonn, provided by the Planning Department, acknowledging and accepting all conditions unposed upon the approval of this permit. iailure to return the signed and notarized Acceptance Fora) within 30 days of its receipt shall automatically terminate the Conditional 'Ise Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Penuit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to tone by the City Attorney and signed by the Planning Director prior to recordation. Building 5. Plans must comply with the 2007 editions of the California 13uilding Code, the ('alilornia Mechanical Code, the California Plumbing ('ode, the ('alitornia I aectrical ('ode, and ('alitornia Title 24 energy and handicapped regulations. Dire 6. Project is to be designed, developed and constructed in compliance with the 2007 edition of the California Fire ('ode (('F(') and the 2007 edition of the National Fire Protection Association (NFPA) Standards as adopted by the City of National ('ity. 7. 1.)ue to potential interior building design changes, there may be the need for reevaluation and redesign of lire sprinkler and alarm systems. 2 Planning K. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. to 10:30 p.m. All alcoholic beverage products shall he stored in the kitchen 'food preparation area and not accessible to the general public. 10. Signs shall he posted at each entrance of the area leased for John's Incredible Pizza prohibiting loitering on or in front of the premises. 11. Per►nittee shall post signs, to he approved by the Planning Division, on the exterior building walls in compliance with (')apter 10.30.070 of the National City Municipal Code. Said signs shall not he less than 17 by 22 inches in size, with lettering not Tess than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. N('MC 10.30.050 and 10.30.060." 12. All persons who will be serving alcoholic beverages shall receive i..l'..A.l). (licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible hospitality Coalition. 'Training shall include a component addressing domestic violence. 13 The yearly sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license. the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales for the prior year. Said statement shall he subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such hooks and records of the license, as may be necessary in their judgment to verity that the sale of alcohol does not exceed the sale of food. All intornuition obtained by an investigation of records shall remain confidential. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising -signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 9). 15 A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and acceptable to the Police Department. Police 16. Permitter shall comply with all regulatory provisions of the 1usiness and Professions ('ode, section 25600 through 25667, currently in effect or as may he amended, regarding sales. displays and marketing or merchandising of alcoholic beverages. 17. Restaurant staff shall monitor the exit doors at the south side of the restaurant to ensure that non-paying customers do not gain entry to the facility and that there is no exchange of alcohol outside of the tacility. Bi:. IT i'URTHER RESOLVED that copies of this Resolution be transmitted torthwith to No. the applicant and to the ()tv Council. 3 BF, IT FINALLY [.FSOI.VFJ) that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is tiled with the ('ity Clerk prior to 5:00 p.m. on the day of that City ( meeting_ The City Council may. at that meeting, appeal the decision of the Planning Commission and 'l/° set the matter- for public bearing. ('I.R"I'IFI(:A"l'ION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May -I. 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Del,aPaz, Farias, Alvarado, Pruitt, Reynolds, Flores Baca 4 200 0 200 400 600 Feet PROJECT AREA CITY BOUNDARY LOCATION MAP 2009-08CUP Conditional Use Permit for the Sale of Beer & Wine and a Video Arcade at Plaza Bonita Shopping Center NATIONAL CITY PLANNING DRN. DATE: 4123/09 INITIAL HEARING: 5/4/09 PLAZA BONITA SITE PLAN tc 2: .G SOIL 1•.20'- PROPOSED PROJECT LOCATION REFER TO "PROJECT SUMMARY" FOR EXTENT OF WORK DESCRIPTION AND ADDITIONAL PROJECT INFORMATION JOHN'S INCREDIBLE PIZZA COMPANY PLAZA BONG 3010 PL2A BONG 90. 1441001 OTT. CA 91950 PROJECT SUMMARY IOW 10.04:101 Cr M USW MOO nao„ a M IOW I0n16 l=11311 9a1C M MUIBD +OM'i 41@A 6 .Mr OIIQO4�0n�mIl l�Kl/p�p[RAY V 1�,� �¢6l MI 6u01127: tllrS�aSHIM 01111 SMUT MOO. 011UM MO 4 NATIONAL CITY PLANNING DEPT EXHIBIT A CASE FILE NO.: 2009-08 CUP DATE: 4/7/2009 VICINITY MAP n w A6 i 09030 JOHN'S INCREDIBLE PIZZA CO. 1 Newt Rd.. 9.6. 115 LAS Forst CA 926.30 949.916.2000 11. Contort .uM PoM1. OWN/Farrar iwMtoneapacca^ Ap9 07. 2009 PRELIk1INARY FLOOR PLAN . e e SCAk 11111111111 • Wow DEW JOHN'S INCREDIBLE PIZZA COMPANY 3010 PUUA COMA RC. WOOL C711', CA 9195C Rr0Fe1 .e6 ( 09030 JOHN'S INCREDIBLE PIZZA CO. I Crowd Rd. Sul. 135 :ok Form. ;A 32630 949916.2000 !ei. Concoct: John Patel, O.na/forror 90ret0;0n.0ao.com Aori C7, 2009 C0 +14645-raar 8` iL 0 yiI �/ !II¢II!II� WWI 01Q 1 1761.1.1 = NOT A PART- 5' FAST ELEVATION (MAIN ENTRY) 8r /ice %/ v �f 1001-4.• 0700 I6J EXTERIOR ELEVATIONS 0 2 . 6 6 16 .11 !uL• I/V.I'- JOHN'S INCREDIBLE PIZZA COMPANY 3O10 PUTA WMRA RO. ATD * CITY, U 9I950 SOUTH ELEVATION (EXIT ONLY). PrRi601 Joo tf 09030 JOHN'S INCREDIBLE PIZZA CO. Rd. Silt 135 tau iorwt, 05 97630 949.916.2000 lt.. Coto& John Pale, OMMr/fOM60e. 424t0i0A'aPu060r" Adri 07. 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California iEETING DATE: May 19, 2009 AGENDA ITEM NO. 37 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $132,960.70 to the City of National City for the period of 04/15/09 through 04/21/09 PREPARED BY: Jeanette Ladridc( - DEPARTMENT Finance Finance Director / (619) 336-4331 EXPLANATION: Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. r Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of 32,960.70 r STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 04/15/09 through 04/21/09 • — CALIFORNIA -c* NATIONAL CITY INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 43 4/21/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT WADE & ASSOCIATES PRINCIPAL PROJECT MANAGER 226598 4/21/09 13,018.00 EQUIFAX INFORMATION SVCS CREDIT BACKGROUND CHECK FOR S8 226602 4/21/09 79.67 GEOSYNTEC CONSULTANTS EDUCATION VILLAGE 226603 4/21/09 9,045.90 HORIZON HEALTH EAP EMPLOYEE ASST PROGRAM - CDC 226604 4/21/09 114.56 INFRASTRUCTURE ENGINEERING LIBRARY REMODEL 226605 4/21/09 11,292.00 LASER SAVER INC MOP 45725 INK CARTRIDGE 226606 4/21/09 141.27 MICHAL PIASECKI CONSULTING CRYSTAL REPORTS UPDATES - MAR 09 226607 4/21/09 1,125.00 NBS PBID ADMINISTRATION 226608 4/21/09 2,217.05 POWER PLUS EQUIP RENTAL - AQUATIC CENTER 226609 4/21/09 195.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 UNIFORMS -NEIGHBORHOOD 226610 4/21/09 44.02 ROCKHURST UNIV CONT EDUC CTR REDEV LAW SEMINAR - SILVA 226611 4/21/09 525.00 SAN DIEGO GAS & ELECTRIC BAY MARINA DR WIDE - 20B 226612 4/21/09 1,446.00 XEROX CORPORATION LEASE PAYMENT 12/23/08 - 03/25/09 226613 4/21/09 439.19 SECTION 8 Start Date End Date -CTION 8 HAPS PAYMENTS 4/15/2009 4/21/2009 ''oar PAYROL.I. Pay period Start Date End Date ('heck Date 8 3/24/2009 4/6/2009 4/15/2009 A/P Total $ 39,682.66 10,347.88 82,930.16 GRAND TOTAL $ 132,960.70 0— CALIFORNIA �-c* NATIONAL CITY INCORPORA'rRD COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 43 4/21/2009 502 SECTION 8 FUND 31,651.42 505 HOME FUND 559.25 506 HOME LOAN PROGRAM FUND - 511 TAX INCREMENT FUND 99,330.10 522 LOW/MODERATE HOUSING FUND 1,419.93 132,960.70 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 'EETING DATE: May 19, 2009 AGENDA ITEM NO. 38 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $75,979.17 to the City of National City for the period of 04/22/09 through 04/28/09 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. r Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $75,979.17 • J STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A • J TACHMENTS (Listed Below) Warrants for the period the period of 04/22/09 through 04/28/09 .3 -- CALIFORNIA �* NATIONAL CI INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 44 4/28/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT BEST BEST & KRIEGER LLP CYAC LEGAL MATTERS 226707 4/28/09 5,186.11 CALIFORNIA REDEVELOPMENT ASSO REDEV LAW SEMINAR - SILVA 226708 4/28/09 525.00 DESROCHERS RETIREMENT BENEFIT APRIL 2009 226709 4/28/09 110.00 GE CAPITAL EQUIPMENT RENTAL FEES 226710 4/28/09 209.48 HARRIS & ASSOCIATES MSI DEMO 226711 4/28/09 5,428.75 HEALEY CONSTRUCTION CO FOODLAND MARKET 226712 4/28/09 39,473.06 HOUSING OPPORTUNITIES HOME CLINIC 226713 4/28/09 3,536.73 JOBS AVAILABLE INC. SUBSCRIPTION -RECRUITMENT AD 226714 4/28/09 35.00 LASER SAVER INC TONER FOR COLOR PRINTER 226715 4/28/09 555.55 NINYO & MOORE ENVIRONMENTAL CONSULTING SVCS 226716 4/28/09 8,799.90 PYATOK ARCHITECTS INC PARADISE CREEK 226717 4/28/09 372.33 RAULSTON REIMB MISC LUNCH MEETINGS 226718 4/28/09 129.50 RICK ENGINEERING CO BAY MARINA DR WIDENING/GATEWAY 226719 4/28/09 3,220.27 SAN DIEGO TROLLEY INC FLAGGING SERVICES 226720 4/28/09 16.97 STRADLING YOCCA CARLSON & REDEV PLAN AMENDMENT GEN SVCS 226721 4/28/09 4,136.40 `„, TION 8 SECTION 8 HAPS PAYMENTS Start Date End Date 4/22/2009 4/28/2009 A/P Total $ 71,735.05 4,244.12 GRAND TOTAL S 75.979.17 — CALIFORNIA ----+- NATIONAL CITY INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 44 4/28/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 4,244.12 59,398.42 12, 336.63 75,979.17 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 19, 2009 AGENDA ITEM NO. 39 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH NOWELL & ASSOCIATES LANDSCAPE ARCHITECTURE TO PROVIDE AS -NEEDED LANDSCAPE ARCHITECTURE SERVICES WITH NOT -TO -EXCEED AMOUNT OF $50,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT PREPARED BY Colby Young Project Manager (x4297) DEPARTMENT Redevelopment EXPLANATION Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed landscape architecture services related to various projects within the National City Redevelopment Project. The CDC advertised a Request for Qualifications for landscape architecture services and received eight proposals. The CDC has determined that Nowell & Associates Landscape Architecture is a registered landscape architecture firm and is qualified by experience and ability to perform as -needed landscape architecture services. Environmental Review Ni N/A Financial Statement Agreement nas not -to -exceed amount of $50,000. Charges will be applied to accounts on a project by project basis. Approved By: Account No. nance Direc or STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Proposed Agreement 2. Company Profile Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH NOWELL & ASSOCIATES LANDSCAPE ARCHITECTURE TO PROVIDE AS -NEEDED LANDSCAPE ARCHITECTURE SERVICES IN THE NOT -TO -EXCEED AMOUNT OF $50,000 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to employ a consultant to provide as -needed landscape architecture services related to various projects within the National City Redevelopment Project; and WHEREAS, the CDC has determined that Nowell & Associates Landscape Architecture is a registered landscape architecture firm, and is qualified by experience and ability to perform as -needed landscape architecture services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Nowell & Associates Landscape Architecture in the not -to -exceed amount of $50,000 to provide as -needed landscape architecture services related to various projects within the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND NOWELL & ASSOCIATES LANDSCAPE ARCHITECTURE THIS AGREEMENT is entered into this 19th day of May, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and NOWELL & ASSOCIATES LANDSCAPE ARCHITECTURE, a landscape architecture firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide landscape architecture services. WHEREAS, the CDC has determined that the CONSULTANT is a landscape architecture firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Pat Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jeff Howard thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $50,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Agreement shall expire 365 days after date of commencement. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to 2 City's Standard Agreement - ,lune 2008 revision the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 Ciry's Standard Agreement - June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreernent - June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. The commercial general liability aggregate must apply solely to this Agreement. 5 City's Standard Agreement - June 2008 revision Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. 6 City's Standard Agreement - June 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, retum receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ovemight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 Jeff Howard 2605 State Street San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 7 City's Standard Agreement - June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of 8 City's Standard Agreement — June 2008 revision any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney NOWELL & ASSOCIATES LANDSCAPE ARCHITECTS (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietor) ip — one signature) 9 By AStA Print) f t.IGt ?At.. itle) r' (Title) 'frinictfec( City's Standard Agreement - June 2008 revision Exhibit 'A' Agreement By And Between The Community Development Commission of the City of National City And Nowell & Associates Landscape Architecture, Inc. SCOPE OF SERVICES & DELIVERABLES The Landscape Architect will provide, or cause to be provided, the following services and instruments of service for the above - named project 15 - PRELIMINARY DESIGN • Conduct program and design studies 40 - CONSTRUCTION DOCUMENTS • Prepare construction documents and specifications 70 - CONSTRUCTION ADMINISTRATION SERVICES • Peer review and landscape plan checking TOTAL FEES $50,000.001 NOTES: 1 This NTE (not to exceed) figure represents an estimate of the amount of time necessary to perform the above -described services. Actual fees may be more or Tess, depending upon the extent of services required by the project and/or requested by the Client. N&A will inform Client if it becomes necessary to increase the NTE amount. Extensions to the NTE amount are to be approved by the Client before such services are performed. REIMBURSEMENT FOR PROJECT -RELATED EXPENSES All expenses incurred by N&A on behalf of the project including but not limited to printing and plotting, copying and other reprographic services; in-house color printing and plotting; soil testing; outside consultants; and special delivery costs (Federal Express, courier, etc.) will be charged at cost plus ten percent (10%). Mileage will be charged at $0.53 per mile subject to annual adjustment per IRS guidelines.. 0902I Exhibit 'A' \0 ®WHINltiri NOWE L L 3. PROPOSED 2009 HOURLY BILLING RATE Principal Planner / Principal Landscape Architect Senior Planner / Senior Landscape Architect Project Planner / Landscape Architect Licensed Irrigation Designer Project Manager / Job Captain Designer / Draftsperson Clerical / Administrative Assistant / Graphic Designer Junior Draftsperson / Intern Principal Irrigation Designer Licensed Irrigation Designer Primary Contact: Scott Sandel, ASLA - LLA 4t3026 T. 619.325.1990 F. 619 325.1997 A 2605 State Street - San Diego, CA 92103 E. ssandel c@nowellassociates.coin $185.00 per hour $135.00 per hour $120.00 per hour $1 10.00 per hour $105.00 per hour $85.00 per hour $55.00 per hour $27.50 per hour $132.00 per hour $ 110.00 per hour LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING Ill i! NOWF L L Date: 2.26.09 ATTACHMENT 2 To: Mr. Colby Young Project Manager City of National City Community Development Commission RE: Landscape Architect - Request for Qualifications Dear Mr. Young, Nowell & Associates is pleased to present our qualifications to provide landscape architectural services for National City's CDC. Nowell & Associates has specialized in landscape architectural services for schools, institutional facilities, parks and recreational facilities, corporate campuses, and commercial projects since its founding in 1995. The firm's principal and senior staff have over 100 years of collective experience in providing landscape architectural services to a wide range of clients throughout the western United States. We have assembled our submittal to highlight the breadth of our experience including several of our notable projects: Pier 32 Marina - National City, California Santa Fee Summit - San Diego, California Park Center Plaza - San Jose, California University of San Diego, School of Education - San Diego, California Nowell & Associates enjoys a reputation for creating visually exciting and thoughtful design, while providing responsive service to its local and regional clients and governmental agencies. We have developed a consistent record of meeting project budgets and schedules for a wide range of project for services which include: Detail landscape design Landscape master planning Complete landscape construction documents and specifications Construction administration and observation Landscape rehabilitation Large-scale irrigation system design, construction documents, and specifications Water management and water conservation programs Peer review and plan checking of landscape plans In summary, our firm will provide CDC with an experienced staff, the necessary resources, and the commitment to successfully complete the services being requested by your agency. We look forward to meeting with you personally and further discussing how we can assist you. Yours sincerely, Scott Sandel, ASLA Principal, LLA P3026, California T. 619.325.1990 F. 619.325.1997 A. 2605 State Street - San Diego, CA 92103 \a City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 19, 2009 AGENDA ITEM NO. 40 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH DAVID REED LANDSCAPE ARCHITECTS TO PROVIDE AS -NEEDED LANDSCAPE ARCHITECTURE SERVICES WITH NOT -TO -EXCEED AMOUNT OF $50,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT PREPARED BY DEPARTMENT Colby Young Project Manager (x4297) Redevelopment EXPLANATION Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed landscape architecture services related to various projects within the National City Redevelopment Project. The CDC advertised a Request for Qualifications for landscape architecture services and received eight proposals. The CDC has determined that David Reed Landscape Architects is a registered landscape architecture firm and is qualified by experience and ability to perform as -needed landscape architecture services. Environmental Review Ni N/A Financial Statement Agreement has not -to -exceed amount of $50,000. Charges will be applied to accounts on a project by project basis. Approved By: Account No. finance Director STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 71. Proposed Agreement 2. Company Profile Resolution No. A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH DAVID REED LANDSCAPE ARCHITECTS TO PROVIDE AS -NEEDED LANDSCAPE ARCHITECTURE SERVICES IN THE NOT -TO -EXCEED AMOUNT OF $50,000 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to employ a consultant to provide as -needed landscape architecture services related to various projects within the National City Redevelopment Project; and WHEREAS, the CDC has determined that David Reed Landscape Architects is a registered landscape architecture firm, and is qualified by experience and ability to perform as -needed landscape architecture services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with David Reed Landscape Architects in the not -to -exceed amount of $50,000 to provide as -needed landscape architecture services related to various projects within the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND DAVID REED LANDSCAPE ARCHITECTS THIS AGREEMENT is entered into this 19th day of May, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and DAVID REED LANDSCAPE ARCHITECTS, a landscape architecture firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide landscape architecture services. WHEREAS, the CDC has determined that the CONSULTANT is a landscape architecture firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Pat Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. David Reed thereby is designated as the Project Director for the CONSULTANT. 1 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $50,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Agreement shall expire 365 days after date of commencement. r% 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to 2 City's Standard Agreement — June 2008 revision the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 City s Standard Agreement - June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement - June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 CitVs Standard Agreement - June 2008 revision I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. 6 City's Standard Agreement — June 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 David Reed 2171 India Street, Suite A San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 7 City's Standard Agreement - June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of 8 City's Standard Agreement - June 2008 revision any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney DAVID REED LANDSCAPE ARCHITECTS (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: 9 David Reed (Print) (Title) By: (Name) (Print) (Title) City's Standard Agreement - June 2008 revision David Reed Landscape Architects » The Way We Work Page 1 of 2 ATTACHMENT 2 HOME THE WAY WE WORK PORTFOLIO AWARDS CONTACT Thank you for your interest in David Reed, Landscape Architects. Our creativity and innovative application result in award winning landscapes with a genuine Spirit of Place. Careful site planning and the command such as stone, water, wood, and plant life collaborate to evoke that sense of unique spirit in each landscat David Reed, Landscape Architects was founded in 1982. Over the last twenty-six years the firm has gainer for excellence in the practice of all aspects of the landscape architecture profession. Before becoming a lar architect, David Reed had several years of experience in the construction industry, working with craftsmer masonry and carpentry, giving him valuable insight into construction materials and techniques. David believes the garden can be a very special and powerful place. "1 view my art and profession of Land Architecture as a vehicle for improving not just the quality of life, but increasing the awareness of its sanc THE SCOPE OF OUR SERVICES For our best completed projects to date we are involved in a full scope of services, from design through cc documents, bidding and actual construction administration or observation. We are often involved in post c and maintenance follow up to insure the long, healthy life of a project. However, we are prepared to work develop any of these phases of work. Schematic Design From the first on -site meeting, a program and ideas are generated to conceive the foundation of the desig We take great care to listen to our clients' needs, and to interpret them with attention and finesse. From f Landscape Architect works to create the Schematic design, a loose but formative plan or a set of graphic i entire property. Sometimes construction costs are roughly estimated at this phase of work. Design Development After meeting with the client to discuss the schematic plan, the Landscape Architect further develops his ii Concept Master Plan, a scale drawn footprint of all proposed improvements. The Preliminary Cost Stateme delineated by the end of this phase of design. Construction Documents For our larger, or more custom projects, the Firm usually develops a complete set of Construction Docume working drawings & specifications, which give the builder all the necessary information he needs to bid an work. Bidding This includes requests for and procurement of valid proposals for construction from licensed contractors w http://www.drasla.corn/way-we-work/ ‘O 5/6/2009 David Reed Landscape Architects » The Way We Work Page 2 of 2 reputation. Remember, your project is only as good as the builder. Construction Administration The option we recommend most is to have our office continue the guidance set forth in the plans by admii construction. Or, we can visit the site, upon your request, at pre -arranged critical points to review the contractor's perf installation. The very inspiration which creates a design cannot be totally transmitted on paper, but is an ongoing sens carried on throughout the installation. Our input at this stage can be critical to the final result and integral the design. After the completion of construction we offer a site consultation service to make sure your garden is thrivi there are no problems. Design Fees Good things take time. Good design, once implemented becomes an investment in your property that end appreciates in value. At David Reed, Landscape Architects we work hard to develop our ideas in an effrcier you are looking for the best quality combined with design value you will be pleased with our work. We invite you to make an appointment to visit our office, review our residential portfolio in more detail, or your project further. We look forward to showing you what we can do. The great majority of our work corn from referrals by our satisfied clients. When we are retained on an hourly basis, the following rates apply: Hourly Fee Schedule Principal ... $165.00 Project Architect I ...$110.00 Project Architect 11... $70.00 Project Designer I ... $59.50 Project Designer II ...$54.50 Draftsperson ...$45.00 Administrative Support ...$45.00 This is a good vehicle for comparing our fees to other design firms. Lump Sum Fees For Services When the program and design are well defined, our fees can be offered on a lump sum basis. Consultation Rate Principal $200.00 per hour (2 hour minimum) Hourly charges are on a portal to portal basis, from downtown San Diego. 2171 INDIA STREET, SUITE A SAN DIEGO. CALIFORNIA 92101 REGISTERED LANDSCAPE ARCHITECTS CA #1962, #5254, NV #702 MEMBERS: AMERICAN SOCIFTY OF LANDSCAPE ARCHITECTS http://www.drasla.com/way-we-work/ \\ 5/6/2009 City of National City, California CITY COUNCIL AGENDA STATEMENT METING DATE May 19, 2009 AGENDA ITEM NO. 41 ITEM TITLE UPDATE ON THE SAN DIEGO REGIONAL ENTERPRISE ZONE PREPARED BY Claudia G. Silva, Esq. DEPARTMENT City Attorney (Ext. 4222) EXPLANATION Verbal presentation Environmental Review NI N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION File BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. L A-200 (9/99) EXPLANATION: On January March 4, 2008 a contract was awarded to M.A. Stevens Construction. inc. in the amount of S 1,108,000 to remodel the National City former Library. The project consisted of general interior improvements to create office, storage and rehearsal spaces, workshop reading rooms and museum. During construction the following Change Orders were processed. The changes were due to the age of the building. There were number of unforeseen problems that were discovered after the removal of existing improvements. The Change Orders No. 1 through 24 were approved within original budget totaling S109,698.29. The work included over excavation and re -compaction of the retaining wall footing, insulation of drywalls for exterior walls, building the interior rake walls, adding the data/voice communication locations and providing the material to the REP to install the new wood raised flooring in the rehearsal rooms. On October 7, 2008 Resolution No. 2008-217 approved the Change Orders No. 25 through 38 in the amount of $248,481.20. The work included roofing work, installation of drywall draft stop, roof drain system installation, floor patch and leveling, Cleating, Ventilating, and Air Conditioning (IIVAC) modifications. door hardware, redesign of fire alarm system, structural steel framework in lobby, and lobby ceiling revision, extension of overhead. The major additional work was the installation of Fire Sprinkler System for the entire building area including the Longshoreman side. On April 6, 2009 Change Order No. 39A was approved in the amount of $1,015.67 to replace windows in the new museum area as requested by the City. The work involved removal of old caulking and deteriorating window mullions and re -sealing of the window to wood installation. On April 21, 2009 the Change Order No. 40 was approved by Resolution No. 2009-80 in the amount of $16,981.33 to install a fire sprinkler system in the building basement, a smoke detector with a tie into the main alarm panel, an underground extension and backflow to the water main as required by the Fire Department. The Change Order No. 40 increased the total expenditure for constriction by S 16,981.33 to S 1,484,176.49. On March 24, 2009 the Change Order No. 41 was approved to repair drywall to the ceiling caused by installation of lire sprinkler piping located in the building basement as required by the Fire Department. The Change Order No. 41 increased the total expenditure for construction by $2,783.69 to 51,486,960. 1 8. With the additional funds (S295,000) approved by Resolution No. 2008-217, the total original budget for construction (S1,218,800) that included bid amount ($ 1 ,108,000), and 10% contingencies (S 110,800) increased to the final amount of $1,513,800. A final inspection was conducted and the work was found to be acceptable. The contractor has recently submitted the final contract documents for project acceptance and closure. Staff recommendation is to accept the work and the Contract Final Balance Change Order with the total amount of $1,487,832.73 and authorize the filing of Notice of Completion. With the total final cost, the construction was completed under the final budget by S25,967.27. The Contract Final Balance Change Order Form is attached for further explanation. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM M.A. STEVENS CONSTRUCTION, INC., IN THE FINAL AMOUNT OF $1,487,832.73, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY LIBRARY REMODEL PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by M.A. Stevens Construction, Inc., for the National City Former Library Remodel Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 19th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER SHEET sir NATIONAL CITY LIBRARY R.F.MODEL SPECIFICATION NO. 08-01 ORIGINAI. CONTRACT AMOUNT: $1,108,000.00 COMPLETION DATE: 5/19/.09 No Item 1. Mobilization 2. Demo BID ITEMS FINAL BALANCE AMT : S1,487,832.73 ()rig. 1 Final f Final Amt. Amount Billed Completed Amt. Qty Completed S 1,500.00 $ 1,500.00 $ I ,500.00 S - 100% 1 $ 1.500.00 55,000.00 S 55,000.00 $ 55,000.00 S - 100% ! S 55,000.00 3. Bonds 4. Lead & Asbestos Abatement 5. Concrete "Structural" .$ 6. Labor Contract Previous Amount 33,024.00 S 70,000.00 S $ 33,576.00 S 33,024.00 70,000.00 33,576.00 Is - - e t e " S i t e ' ! 7. Materials S 6.00000 $ 6,000.00 $ 6,00000 S - 100% S . . $ 33,024.00 S - 100% S 33,024.00 70,00000 - 100% $ 70,000.00 $ 33,576.00 $ - 100% $ 33,576.00 S 6,00000 -f ! 9. Labor 1 0 ,00 0 . 0 0 $ 1 0 ,0 0 0 . 00 S - 1 0 0 % $ 1 0 ,0 0 0 . 0 0 10,00000 $ 10. Materials Wood Framing 12. Labor $ 5,000.00 $ - I00% $ - 5 0 0 . 0 . $ ' - 100% 3. Materials 00.00 00 5,00000 - 100% $ 5,000.00 Ts - I Structural Steel i t t a l s a n d S h o p Drawings 16 labor 17. Materials 18. Metal Framing I9Labor 20. Materials 21. Drywall 22Labor 23. Materials g . . . 24, Paintinrig 25 26. Insulation 27floorino S 2700000 i $ 2700000 $ 2700000 S I0000 $ 2700000 10,000 00 S _L L ss S 30,00000 S 5,000.00 30,000 00 I0,000 00 $ 35,000.00 20,000.00 $$ 10,000.00 $ 10,000.00 S 3(,0(1 (0 0 0 0 . s - - - -_- . 10,00 S - 100°S 10,000.00 35,000.00 S - 100%$ 35,000.00 20,000.00 S -Li00/s 20,000.00 $ - - $ 10,000.00 $ - 100% S 10,000.00 10,000.00 S - 100%10,000.00 S - - $ 5,000 00 $ 30,000 00 1 1 S $S ... _ 2 ... 35,000.00 S 20,000.00 S 10.000.00 I$ 10,000.00 1 30000.00 S S 4,000.00 S 4,000.00 $ S 23.00000 S 23,000.00 S 2,0000 S - 10% S 7000.00 S 000 00$ 7 00000 Fs 00% $ 700000 15000.00 15,000.00 $ 15,000.00 S - I00% $ 15,000.00 4,00000 S - I00%S 4,00000 300$ 300000 i g i i s 28. Glazino 29. Aluminum Storefront -Materials $ 30. Aluminum Storefont Fabrication $ 3F-A lum num Storefront- Intallation $ 32. Aluminum Doors -Materials tS &Installaton 33 Glass- Materials 34Glass- Installation 35Caulkn- Materias 36Caulking- Installation 37ira110 Glass 38Security 3 Skylght S 1$ 37,990.00 I$ 17,050.00 $ 12.250 00 6,125.00 S 100.00 $ 6,000.00 $ 1,550 00 $ 2.25000 S 3.03500 S 1,000.00 10.00.00 1- 37,990.00 $ 17,050.00 12,250.00 S 6,125.00 -S 3(,000.00 S - 100% tS 30,000 00 - - . 37,990.00 S - 1004i S 37,990.00 17,050.00 $ - 100% S 17,05000 12.250.0($ 1004S 12,250.00 6,125.00 100O S 6,125.00 1 . 0,750.00 $ 6,000.00 $ 1,55000 2,250.00 S 3.035.00 j $ 1,000.00 $ 10.000.00 j 5; 1 0 5 053 005 .. • 1 0 0 0 0 . 0 10,750.00 S - 100% S 10,750.00 6.000.00 1 - 100% S 6,000.00 100 1 S - 100S 1,550.00 2,250.00 1 S - 100% 5; 2,250.00 3000 - r1005,0_$ 3,035.00 1,000.00 S - 100% S I000.00 0.00 - 100°0 _ Page 1 of-3 No Item 40. Silenae .1I Cabinets 1"). I Doors & Hardware 43. ! Labor 44. Materials 45. ' Electric 46. Mobilization 47. Submittals 48.Sale Off 49. In Slab Raceways 50.!n Wall Raceways 5 I . In Ceiling Raceways 52. Wiring53. Gear- Panels 54. Fixtures • 55. Low- Voltage Devices 56. Plumbing I Contract Amount 2,500.00 8.000.00 $ $ 18,000.00 S 50,000.00 $ - ' $ 6,800.00 S 1,085.00 S 3,050.00 i $ 3,190.00 Previous Amount Orig. Billed Completed Amt. $ 2,500.00 S 2.500.00 ' - $ 8,000.00 $ 8,000.00 S - $ - $ 18,000.00 0 $ $ 50,000.00 $ - 18,000.00 50,000.00 6, 800.00 1,085.00 r $ 3,050.00 S 3,190.00 66,600.00 $ 23,350.00 10,550.00 2,175.00 $ 34,200.00 $ 19,000.00 $ Labor Rough- in Underground 58. Labor Rough- in Wall 59. { Materials Rough -in 60. Fixtures 61. Labor ---- 62. Materials 64. Submittals and Shop Drawings 65. j AC-1.4 Units & Curbs 66. UH-I- 7 Unit Heaters 67 . E.F-1-8/GV- Exhaust & Curbs 68. ! LC- I &2 Evap Cooler S 60,000.00 $ 20,000.00 $ $ 5.000.00 $ $ $ 69. - RAW- 1 Fancoil Cord System S 70. Ductwork & Acc's $ 71. Air Distribution S 72. Insulation S 73 Controls 75 76. 77. Test & Balance Ceramic Tile Labor [Materials 78. Asphalt 79. Masonry 80. Toilet Partitions & Accessories 81. Roll -Up Door 82. Lath & Plaster _ S COT CI{ANGE ORDER #1"I'E{RU #24 S CO CHANGE ORDER t125i'11RL S ;438 CO CI{ANG1: ORDER $ 39A CO ' (.'EEANGE ORDER 440 CO CHANGE ORDER #41 1 TOTAL S S S 5,000.00 10,000.00 10,000.00 S 50,890.00 $ 10,900.00 6,500.00 $ 4,500.00 $ 2,900.00 $ 43,150.00 S 6.700.00 S 2,500.00 $ 20,000.00 S 3,900.00 5 8,000.00 5 5,000.00 $ 7,900.00i $_.... 6_500.00 LS -- 6,000.00 S 6,000.00 'S 11,000.00 $ 1(19,698.29 $ ... $ - $ 6,800.00 $ - $ 1,085.00 3.050.00 3,190.00 66,600.00 5; 66,600.00 23,350.00 $ 23,350.0(1 10,550.00 5; 10,550.00 2,175.00 $ 2,175.00 34,200.00 S 34,200.00 19,000.00 5; 19,000.00 - $ 60,000.00 5; 60,000.00 20,000.00 5; 20,000.00 S 5,000.00 , $ 5,000.00 $ $ 5,000.00 $ 10.000.00 $ 5,000.00 10,000.00 S $ - 10,000.00 5; 10,000.00 50,890.00 5; 50,890.00 $ 10,900.00 $ 1(1,90(1.00 6,500.00 $ 6.500.00 4,500.00 2,900.00 43,150.00 6,700.00 $ 2,500.00 $ 20,000.00 $ 3,900.00 $ - S 8,000.0i T $ 5,000.00 S 7,900.00 6.500 00 6,000.00 6.000.00 $ 1 1.000.00 $ 109,698.29 S $ 4,500.00 5 _ S 2,900.00 S - 43,150.00 5; _ 6.700.00 $ - 2.500.00 20,000.00 3,900 00 8,000.00 5,000 00 7,900 00 $ 6.500.00 $ 6.000.00 6,000 00 $ 1 1,000.00 ' 5 1(19,698.29 S 248,413.75 $ 248,413.75 5; 248,413.75 Final Qty 100% 100°% - 100% 100% Final Amt Com le S 2,500 8,000.00 $ 18,000.00 $ 50,000.00 - 100°i) $ 6,800.00 100% S 1,085.00 100% S 3,050.00 00% $ 3.190.00 100% 5 66,600.00 100% $ 23,350.00 --. 100% $ 10,550.00 100% $ 2,175.00 100% $ 34,200.00 • - 100% $ 19,000.0(1 100°/° $ 60,000.00 100% $-20,000.00 - 100% $ 5,000 00 -� - 100% $ 5,000.00 $ - 100% $ 10,000.00 $ - - _ 100% $ $ $ 10,000 $ - 1 100% $ 50,890�1�I 100% $ 10,900.00 100% $ 6,500.00 _1 100% $ 4,500.00 100% $ 2,900.00 100% $ 43,150.00 _. 100% $ 6,700.00 $ - 100% $ 2.500.00 $ 100% $ 20,000.00 100% $ 3,900.00 100% 1 $ 8,000.00 100% $ 5,000.00 100% 7,900.00 100% $ 6,500 00 100% $ 6,000.00 100% S 6.000.00 100% $ 11,000.00 100% $ 109,698.29 S 100% $ 248,413.75 1,015.67 S 1,015.67 S 1,015.67 S 16,981.33 5; 16,981.33 S 16,981.33 S 2,783.69 S 2,783.69 S 2,783.69 S S 1,487,832.73 S 1,487,832.73 t S 1,487,832.73 S H 100% S 1,015.67 100% $ 16,981.33 j - 100% $ 2,783.69 83.69 l00% f S1,487,83' Page 2of3 FINAL CONTRACT BALANCE. CHANGE ORDER SHEET NATIC)NAI. CITY LIBRARY RI:R'MODEI. SPECIFICATION NO. 08-01 ORIGINAL CONTRACT AMOUNT: $1.108,000.00 FINAL. BALANCE AMT : $1.487.832.73 COMPLETION DATE: 5 I9!09 The total final contract price for the project to date is $1,487,832.7 3 The total time provided for completion in the contract is 40 working days. The work was completed within 78 working days. The Contractor accepts this Final Contract Balance Change Order as full compensation for the work. Recommended for Apprc}-f�hy: Gordon DConstruction,PCJlanager Date M.A. Stevens Construction, Inc. Approved by: 2._ 1)ate Din Daneshfar, Principal Engineer Date 'v1aryam Babaki City Engineer Date City of National City Resolution Number Date Page 3 of 3 RECORDING RI.Q UESI'L-1) B1' VVIII-:N RH('URUIi[ NIA!' 1O NA^1I: CITY OF NAJIONAI. CITY ADDRESS: 1243 NATIONAI. CITY BOULEVARD NAIIONAI CITY. . CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 19th, 2009 of the National City l.ibrary Remodel Project Work of improvement or portion of work of improvement under constniction or alteration. on the premises located 200 F. 12" Street, National Citv, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property:___ N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with M.A. STEWS CONSTRUCTION Name of Original Contractor The following work and material were supplied: Interior demotion, wall construction, finishes, IIVAC, mechanical, electrical, and ADA compliance General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners I)ated: , 2009; Signature of Owner City of National City, 1243 National City I31vd., National City, CA 91950 I, the undersigned, say: 1 have read the thregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2009, at , California. Signature: RON MORRISON, MAYOR NOTE THE FOLLOWING 6 PAGES ARE OUT OF SEQUENCE AND ARE DUPLICATES OF PAGES SCANNED EARLIER IN THE AGENDA PACKET.