Loading...
HomeMy WebLinkAbout2009 08-04 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned 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 Adjourned Regular Meeting - Tuesday — August 4, 2009 — 5:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/4/2009 - Page 2 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. 1. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of June 16, 2009. (City Clerk) 2. Resolution of the City Council of the City of National City authorizing the City of Chula Vista to execute all grant documents necessary to the California Integrated Waste Management Board to secure $9,156.09 in local used oil grant funds to implement education projects for National City residents on the proper disposal of used motor oil filters via event booths, information distribution and cooperation with State -certified used oil and filter collection centers. (Public Works) 3. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between South Bay Community Services and the City of National City and any related agreements and documents necessary to provide homelessness assistance and homelessness prevention services in National City under the Homelessness Prevention and Rapid Re -Housing Program (HPRP). (Community Development/Housing and Grants) 4. Resolution of the City Council of the City of National City accepting grant funds for the Bayfront Concert from the San Diego Unified Port District on a reimbursable basis not to exceed $15,000 and authorizing staff to proceed with planning. The concert will be held at Pepper Park on September 12, 2009 and is free to the public. (Community Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/4/2009 - Page 3 CONSENT CALENDAR (Cont.) 5. Resolution of the City Council of the City of National City extending the existing Regional Communications System (RCS) Participating Agency Agreement contract with the County of San Diego for a 3-year period through March 31, 2013. This extension will not result in a change in overall costs for the RCS program or change in the participating agencies' share in the costs. Continued estimated annual cost, $177,030. (Police) 6. Resolution of the City Council of the City of National City approving an Agreement with Wade and Associates for construction management services for the National City Street Resurfacing Project, FY 09-10, in the amount not to exceed $104,865.00 and authorizing the Mayor to execute the Agreement. (Funded through Gas Tax, Proposition "A" and Traffic Congestion Relief funds). (Development Services /Engineering) 7. Resolution of the City Council of the City of National City awarding a contract in the amount of $1,272,720.00 to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 09-10 and authorizing the Mayor to execute the contract. (Funded through Gas Tax Proposition "A", Traffic Congestion Relief funds, Proposition 1B, and General Funds) (Development Services/ Engineering) 8. Resolution of the City Council of the City of National City approving a Negative Declaration and a 7-Lot Residential Tentative Subdivision Map including requests for exceptions for lot size, lot width and street frontage, a variance request for 3-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) (Case File No. 2007-59 S, IS, Z) (Development Services/Planning) 9. WARRANT REGISTER #1 Warrant Register #1 for the period of 07/01/09 through 07/07/09 in the amount of $2,580,407.66. (Finance) 10. WARRANT REGISTER #2 Warrant Register #2 for the period of 07/8/09 through 07/14/09 in the amount of $2,117,799.26. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/4/2009 - Page 4 CONSENT CALENDAR (Cont.) 11. Investment Report for Quarter ended June 30, 2009. (Finance) NEW BUSINESS 12. Notice of Decision — Planning Commission approval of a Conditional Use Permit application for the sale of alcohol at the Waterfront Grill Restaurant and Pier 32 Marina, located at 3201 Marina Way. (Applicant: John A. Grimstad) (Case File 2009-11 CUP) (Development Services/Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 13. Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,801,984.36 to the City of National City for the period of 07/01/09 through 07/07/09. (Finance) 14. Authorize the reimbursement of Community Development Commission expenditures in the amount of $171,603.73 to the City of National City for the period of 07/08/09 through 07/14/09. (Finance) 15. Investment Report for Quarter ended June 30, 2009. (Finance) NEW BUSINESS 16. A report on the Marine Life Protection Act and State of California consideration of restricting fishing, maintenance, construction and recreational activities within the South Bay, including the Sweetwater Channel. (Redevelopment Division) 17. Real property transaction for former Days Inn Site: 1.07 — acre parcel located at 1640 East Plaza Boulevard. (A.P.N. 557-410-200) (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/4/2009 - Page 5 STAFF REPORTS 18. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — August 18, 2009 - 6:00 p.m. — Council Chambers - National City. ITEM #1 8/4/09 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF JUNE 16, 2009 (CITY CLERK) City of National City, California COUNCIL AGENDA STATEMENT METING DATE August 4, 2009 AGENDA ITEM NO. 2 ITEM TITLE Resolution of the City Council of National City authorizing the City of Chula Vista to execute all gran documents necessary to the California Integrated Waste Management Board to secure $9,156.09 in local used oil grant funds to implement education projects for National City residents on the proper disposal of used motor oil and filters via event booths, information distribution and cooperation with State -Certified used oil and filter collection centers. PREPARED BY Jeff Servati uperintendent DEPARTMENT Public Works',: EXPLANATION (Ext.458���� Public Resources Code section 40000 authorizes the California Integrated Waste Management Board to administer various Grant Programs as part of the State of California's efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. Grant Application procedures require an Applicant's governing body to authorize by resolution its approval for submittal of the Grant Application. The City of Chula Vista will enter into a Grant Agreement with the California Integrated Waste Management Board for implementation of a Used Oil Block Grant on behalf of the City of National City to provide education to National City residents on the proper disposal and recycling of used motor oil and oil filters via event booths, information distribution and cooperation with State -certified used oil and filter collection centers. National City and Chula Vista have a long time partnership in the acquisition of above mentioned grant and with the approval of this resolution the City of Chula Vista will once again be authorized to execute in the name of the City of National City all grant documents necessary to secure grant funds and implement the approved grant project. K1The City of Chula Vista will continue this partnership with National City and hold this authorization from September , 2009 through June 30, 2014. Environmental Review NI N/A Financial Statement Approved By: Finance Director No negative impact to General Fund, funds are provided to National City by California Integrated Waste Management Board Account No. STAFF RECOMMENDATION Staff recommends City Council of National City authorizing the City of Chula Vista to execute all grant documents necessary to secure this and future grants BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY OF CHULA VISTA TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE $9,156.09 IN LOCAL USED OIL BLOCK GRANT FUNDS TO IMPLEMENT EDUCATION PROJECTS FOR NATIONAL CITY RESIDENTS ON THE PROPER DISPOSAL OF USED MOTOR OIL AND FILTERS VIA EVENT BOOTHS, INFORMATION DISTRIBUTION, AND COOPERATION WITH THE STATE -CERTIFIED USED OIL AND FILTER COLLECTION CENTERS WHEREAS, Public Resources Code section 40000 authorizes the California Integrated Waste Management Board to administer various Grant Programs as part of the State of California's efforts to reduce, recycle and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, Grant Application procedures require an Applicant's governing body to authorize by resolution its approval for submittal of the Grant Application for Used Oil Block Grant funds. It has been proposed that the City of Chula Vista will enter into a Grant Agreement with the California Integrated Waste Management Board for implementation of a Used Oil Block Grant on behalf of the City of National City to provide education to National City residents on the proper disposal and recycling of used motor oil and oil filters via event booths, information distribution and cooperation with the State -Certified used oil and filter collection centers; and WHEREAS, National City and Chula Vista have a long time partnership in the acquisition of Used Oil Block Grant funds, and with the approval of this resolution the City of Chula Vista will once again be authorized to execute in the name of the City of National City all grant documents necessary to secure grant funds and implement the approved grant project, for the period September 1, 2009 through June 30, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City of Chula Vista to execute all grant documents deemed necessary to secure $9,156.09 in local Used Oil Block Grant funds to implement education projects for National City residents on the proper disposal of used motor oil and filters via event booths, information distribution, and cooperation with State -Certified used oil and filter collection centers. PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO. 3 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between South Bay Community Services and the City of National City and any related agreements and documents necessary to provide homelessness assistance and homelessness prevention services in National City under the Homelessness Prevention and Rapid Re -Housing Program (HPRP). PREPARED BY Geny Torres (Ext. 4336)10( EXPLANATION The 2005-2010 Consolidated Plan for National City identified the need for assistance with homelessness and prevention in National City. The CDC's 5-year objective was to bring funds into the region and address the needs of the homeless population and those at -risk of becoming homeless. National City participates in the San Diego County Continuum of Care system to address homeless needs and every year they do an analysis to update the unmet needs of the homeless. In 1999 these needs were in housing, case management, and life skills training, among others. The American Recovery and Reinvestment Act (ARRA) of 2009 appropriated $1.5 billion to the Homelessness Prevention and Rapid Re -Housing Program (HPRP). The goal of the program is to help individuals and families who are homeless or are at -risk of becoming homeless achieve housing stability by providing temporary financial assistance, housing relocation and stabilization services. On March 19, 2009 the Department of Housing and Urban Development (HUD) allocated $44,466,877 to the California State Program. These funds will be administered to eligible applicants by the State of California Department of Housing and Community Development (HCD); applicants may apply as single agencies or in multi -agency partnerships with each agency eligible to receive up to $300,000 each. HCD issued the Notice of Funding Availability (NOFA) on July 8, 2009. South Bay Community Services (SBCS) provides a comprehensive range of services and programs for families, children and individuals in South San Diego County and will be applying for HPRP funds. By partnering with SBCS, National City would benefit with up to $900,000, which would be used during the three-year grant period and prior to September 30, 2012. SBCS would be the Lead Agency responsible for grant administration and fiscal management, case management, professional development, financial assistance among other duties outlined in the Memorandum of Understanding. National City would be the Partner Agency responsible for providing marketing, outreach, housing inspections, and referrals to SBCS Case Managers. Collaboration on this project would curb homelessness in National City by helping struggling individuals secure and maintain stable housing. Environmental Review ✓ N/A Financial Statement DEPARTMENT Community Development, Housing and Grants Approved By: .FinancDirector The Housing and Grants Division, through grant funds, will recover the full cost of all services provided to South Bay Community Services on a fee basis. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS (Listed Below) I. Memorandum of Understanding 2. Attachment C — Local Jurisdictional Approval Resolution No. A-200 (9/99) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH BAY COMMUNITY SERVICES AND THE CITY OF NATIONAL CITY AND ANY RELATED AGREEMENTS AND DOCUMENTS NECESSARY TO PROVIDE HOMELESSNESS ASSISTANCE AND HOMELESSNESS PREVENTION SERVICES IN NATIONAL CITY UNDER THE HOMELESSNESS PREVENTION AND RAPID -RE -HOUSING PROGRAM WHEREAS, the 2005-2010 Consolidated Plan for National City identified the need for assistance with homelessness and prevention in National City and the CDC's 5-year objective was to bring funds into the region and address the needs of the homeless population and those at -risk of becoming homeless; and WHEREAS, the State of California Department of Housing and Community Development (HCD) has issued a Notice of Funding Availability (NOFA) for the American Recovery and Reinvestment Act (ARRA) of 2009 Homelessness Prevention and Rapid Re -Housing Program (HPRP). HCD is authorized to approve funding allocations utilizing monies made available by the Department of Housing and Urban Development (HUD) to the HPRP; and WHEREAS, South Bay Community Services (SBCS) is a provider of a comprehensive range of services and programs for families, children and individuals in South San Diego County and wishes to partner with the City of National City in applying for HPRP funds. In doing so, National City would benefit with up to $900,000, which would be used during the three-year grant period and prior to September 30, 2012; and WHEREAS, the City of National City and South Bay Community Services both wish to execute a Memorandum of Understanding to partner on the Homelessness Prevention and Rapid Re -Housing Program and collaborate to curb homelessness in National City by helping struggling individuals secure and maintain stable housing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding between South Bay Community Services and the City of National City and any related agreements and documents necessary to provide homelessness assistance and homelessness prevention services in National City under the Homelessness Prevention and Rapid Re -Housing Program (HPRP). Said Memorandum of Understanding is on file in the office of the City Clerk. ATTACHMENT 1 Memorandum of Understanding This represents an agreement between the City of National City (National City) and South Bay Community Services (SBCS). SBCS and National City intend to partner on a Homelessness Prevention and Rapid Re -Housing Program (HPRP). This application is a partnership of a proven, effective collaborators who have existing programs with substantial infrastructure that can be mobilized to identify eligible participants and connect them to a range of HPRP services. This program will consist of assistance to qualifying non -homeless persons who are at risk of experiencing homelessness as well as and rapid -re housing for homeless persons. Aid will take such forms as financial assistance (including rental assistance, utility payments, and security deposits), moving costs, credit repair, legal services, outreach and engagement, and case management. Our collaboration on this project will curb homelessness in National City by helping struggling individuals secure and maintain stable housing situations. To this end, each agency agrees to participate in the Project by coordinating and/or providing the following services: As the Lead Agency, SBCS will: • Act as lead agency for grant administration, fiscal management, data collection, evaluation, and quality assurance of the Project; • Provide trained staff with expertise in homelessness prevention, transitional housing, and rapid re -housing; • Provide short- and medium- term financial assistance by paying rent, utilities, and/or security deposits as needed in each individual case; • Assistance with moving costs, credit repair activities, legal services and motel vouchers; • Provide outreach and engagement in the community to identify eligible participants; and • Provide assessment, case management, and referrals for qualified individuals and families to a range of related supportive services available through SBCS including: • Financial education, including such topics as credit repair, budgeting and banking; • Education on leases, tenants' legal rights and obligations, and landlord/tenant communications; • Assistance with professional development: job searching, resume development, interview skills, job skills preparation, online/paper job applications, coaching and support to obtain a promotion/increase wages; • Connection to education resources including GED preparation, ESL classes, and/or vocational training; • Assistance with arranging transportation and child care when these issues are barriers to employment; and • Financial literacy and credit repair classes, education on budgeting, job skills preparation. As a Partner Agency in this Project, National City will: • Provide Housing Search and Placement activities, including providing housing inspections by qualified, experienced staff members to ensure that housing units for participants in the HPRP program meet HCD standards and all applicable health and safety codes; • Provide Outreach and Participant Screening activities; • Provide Marketing and Engagement to IIPRP program participants, spheres of influence, community leaders with influence, and access to homeless persons and persons at risk of homelessness; and • Provide referrals to SBCS Case Managers of potential participants in the program. General Terms and Conditions It is expressly understood and agreed by the CITY and SBCS that the law of the State of California shall govern the parties and the interpretation of this AGREEMENT shall be initiated exclusively in the courts of the State of California. All terms, conditions and provisions hereof shall insure to and shall bind the parties hereto, their respective successors in interest and assigns. Both parties agree to hold harmless and indemnify each other's employees, officers, agents, and representatives, from any and all costs, losses, damages, and/or attorney fees for the injury and/or death of any person or property damage caused or claimed to be caused by any active or passive negligent acts or omissions, misconduct, or criminal acts by either party's employees, officers, agents, and representatives. This agreement is effective from the date it is signed by both parties, and it will remain in effect for the duration of the Department of Housing and Community Development (I-HCD) Homelessness Prevention and Rapid Re -Housing Program (HPRP) grant period ending September 30, 2012. South Bay Community Services City of National City thry Lembo, Executive D»rector t Ron Morrison, Mayor Date: George H. Eiser, III, Legal Counsel ATTACHMENT 2 Attachment C - Local Jurisdictional Approval One attachment required from each jurisdiction. Submit additional Attachment C's as C1, C2, C3, etc For applicants with a Project covering more than one eligible city and/or county, copy this form as necessary for each city and/or county. Each eligible city and/or county must complete this form as instructed. Instructions: If the Project serves the population in an HPRP-eligible city, the Local Jurisdictional Approval must be completed by the city. If the Project serves the population in the unincorporated area of an HPRP-eligible county, this form must be completed by the county. The Local Jurisdictional Approval is required for each city or county, as applicable. I, Ron Morrison, Mayor of National City, chill. authorized to act on behalf of (Name and Title ofauthorizmgperson) City of National City hereby approve of the operation of the following Program Type(s) (see list below) proposed by South Bay Commmunity Services which is/are to be located/operated in National City: Check all program types that apply: Homelessness Prevention Rapid Re -Housing CERTIFICATION: Ron Morrison (Name) Mayor (Title) (Date) (Signature) Resolution No. August 4, 2009 Page 2 PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT METING DATE August 4, 2009 AGENDA ITEM NO. 4 ITEM TITLE Resolution accepting grant funds for the Bayfront Concert, from the San Diego Unified Port District on a reimbursable basis not to exceed $15,000, and authorizing staff to proceed with planning. The concert will be held at Pepper Park on September 12, 2009 and is free to the public. PREPARED BY Brenda Hodges Phone: (619) 336-4413 EXPLANATION DEPARTMENT Community Services On May 5, 2009, San Diego Unified Port District authorized a grant of $15,000 for a free concert at Pepper Park, on a reimbursable basis, not to exceed $15,000. The Port also authorized $2,900 in services, which includes the waiver of park fees and use of the Port's portable stage. See attached Port Resolution 2009-94. This resolution is to accept the funds and authorize the concept, to enable staff to start planning the event. The actual agreement from the Port is anticipated sometime in August and upon receipt will be brought forward as a separate resolution for Council approval. The grant funding has been reduced from previous years, so we are proposing budget reductions and program changes accordingly. Previous Years Current Proposal Budget:$30,000 Budget: $15,000 Three bands Two Bands Movie No Movie since one is already scheduled for the night before the event If authorized to proceed, the City will coordinate with local organizations to provide free family -friendly activities and entertainment. We will also provide free round-trip shuttle service between the Concert, the Kimball Senior Center and the 24th Street Trolley, during the hours of 2:30pm-7:30pm. The Bayfront Concert is scheduled for September 12, 2009, from 3:00pm-7:00pm. Environmental Review .1 NIA Financial Statement $15,000 will be funded by the Port of San Diego. Approved By: J Finance Director Account No. 001-409-000-650-9013 l STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION N/A J 1 ATTACHMENTS ( Listed Below ) 1. Port Resolution (11 pages) Resolution No. A-200 (9/99) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING GRANT FUNDS FOR THE BAYFRONT CONCERT FROM THE SAN DIEGO UNIFIED PORT DISTRICT ON A REIMBURSEMENT BASIS NOT TO EXCEED $15,000, AND AUTHORIZING STAFF TO PROCEED WITH PLANNING THE CONCERT TO BE HELD AT PEPPER PARK ON SEPTEMBER 12, 2009, TO BE FREE TO THE PUBLIC WHEREAS, on May 5, 2009, San Diego Unified Port District authorized a grant of $15,000 to the City of National City for a free concert at Pepper Park, on a reimbursable basis, not to exceed $15,000. The Port also authorized $2,900 in services, which includes the waiver of park fees and use of the Port's portable stage; and WHEREAS, in order to obtain said grant funds, the City Council must adopt a resolution accepting those funds; and WHEREAS, it is also appropriate at this time for the City Council to approve the Bayfront Concert in concept, to enable staff to plan the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a grant in a not to exceed amount of $15,000 on a reimbursement basis from the San Diego Unified Port District for a free to the public Bayfront Concert to be held at Pepper Park on September 12, 2009. BE IT FURTHER RESOLVED that the City Council hereby authorizes the staff to plan this event. PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney Re Financial Assistance Program ] ] for Fiscal Year 2009-2010 ] RESOLUTION 2009-94 WHEREAS, San Diego Unified Port District (District) staff members have reviewed and evaluated applications for the Financial Assistance Program for Fiscal Year 2009-2010 and forwarded their recommendations to the members of the Financial Assistance Advisory Committee of the District; and WHEREAS, the Financial Assistance Advisory Committee has reviewed all properly submitted requests, heard oral presentations from applicants, and has prepared its recommendations for Board consideration; and WHEREAS, the Financial Assistance Advisory Committee has recommended that the sum of Two Hundred Twelve Thousand Two Hundred Ninety Seven Dollars ($212,297.00) be established for the Financial Assistance Program for Fiscal Year 2009- 2010; and WHEREAS, the Board desires to establish the sum of Two Hundred Twelve Thousand Two Hundred Ninety Seven Dollars ($212,297.00) for said Financial Assistance Program for Fiscal Year 2009-20010, NOW, THEREFORE, BE IT RESOLVED by the Board of Port Commissioners of the San Diego Unified Port District, as follows: That a sum not to exceed Two Hundred Twelve Thousand Two Hundred Ninety Seven Dollars ($212,297.00) shall be distributed, as follows: FINANCIAL ASSISTANCE PROGRAMS WITHIN THE CITY OF CHULA VISTA: 1. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Chula Vista Chamber of Commerce (Signature Event) for an amount not to exceed Fifteen Thousand Dollars ($15,000.00), payment of said funds to be made in accordance with the terms, Page 1 of 10 2009-94 conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 2. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Chula Vista Elementary School District (Coastal Education Program) for an amount not to exceed Eleven Thousand Six Hundred Dollars ($11,600.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. FINANCIAL ASSISTANCE PROGRAMS WITHIN THE CITY OF CORONADO: 1. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the City of Coronado Recreation Services (Event Series), for an amount not to exceed Fifteen Thousand Dollars ($15,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 2. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Coronado Historical Association (Coronado Art Walk), for an amount not to exceed Three Thousand One Hundred Dollars ($3,100.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk; provided, however, the Executive Director of the District or his authorized representative is hereby further authorized to provide District services not to exceed the sum of One Thousand Two Hundred Dollars ($1,200.00). 3. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the Islander Sports Foundation (July 4th 15K Run/5K Walk), said services shall not exceed the sum of Five Thousand Seven Hundred Seventy Five Dollars ($5,775.00), and shall be provided in accordance with Page 2 of 10 2009-94 the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 4. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Coronado Chamber of Commerce (Taste of the Ferry Landing and Business Expo), for an amount not to exceed Seven Thousand Five Hundred Dollars ($7,500.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. FINANCIAL ASSISTANCE PROGRAMS WITHIN THE CITY OF IMPERIAL BEACH: 1. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the City of Imperial Beach (Annual Concert Event), for an amount not to exceed Fifteen Thousand Dollars ($15,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 2. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Imperial Beach Chamber of Commerce (Event Series), for an amount not to exceed the sum of Five Thousand Nine Hundred Seventy Dollars ($5,970.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk provided, however, the Executive Director of the District or his authorized representative is hereby further authorized to provide District services not to exceed the sum of One Thousand Two Hundred Dollars ($1,200.00). 3. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the South County Renaissance Project (Imperial Beach International Film Festival) for an amount not to Page 3 of 10 2009-94 exceed Two Thousand Five Hundred Dollars ($2,500.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. FINANCIAL ASSISTANCE PROGRAMS WITHIN THE CITY OF NATIONAL CITY: 1. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the City.of National City (Bayfront Concert and Cinema) for an amount not to exceed Fifteen Thousand Dollars ($15,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Cleric provided, however, the Executive Director of the District or his authorized representative is hereby further authorized to provide District services not to exceed the sum of Two Thousand Nine Hundred Dollars ($2,900.00). 2. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the National City Chamber of Commerce (Bayfront Business Expo and Job Fair) for an amount not to exceed One Thousand Six Hundred Twenty Five Dollars ($1,625.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Cleric, provided, however, the Executive Director of the District or his authorized representative is hereby further authorized to provide District services not to exceed the sum of Five Hundred Dollars ($500.00). 3. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the National City Chamber of Commerce (53rd Annual Salute to the Navy Luncheon and 234th Navy Birthday Shipboard Reception) for an amount not to exceed Two Thousand Eight Hundred Seventy Five Dollars ($2,875.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. Page 4 of 10 2009-94 4. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the Old Mission Beach Athletic Club (31st Annual Wheelchair Over the Line World Championship), said services shall not exceed the sum of One Thousand Two Hundred Dollars ($1,200.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. FINANCIAL ASSISTANCE PROGRAMS WITHIN THE CITY OF SAN DIEGO: 1. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with American Youth Hostels (36th Annual Midnight Madness Fun Bicycle Ride) for an amount not to exceed One Thousand Seven Hundred Fifty Dollars ($1,750.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 2. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Alpha Project (Winter Shelter and Outreach Program) for an amount not to exceed Twenty Two Thousand Dollars ($22,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 3. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the Cancer Survivorship: San Diego (13th Annual Celebration of Life), said services shall not exceed the sum of Five Thousand Three Hundred Forty Dollars ($5,340.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 4. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Family Health Page 5 of 10 2009-94 Centers of San Diego (Neighborhood Outreach Events) for an amount not to exceed Six Thousand Dollars ($6,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 5. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the National Multiple Sclerosis Society (2010 San Diego Credit Union Walk for MS), said services shall not exceed the sum of Three Thousand Dollars ($3,000.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 6. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the PKD Foundation (Walk for PKD), said services shall not exceed the sum of One Thousand Six Hundred Twenty Dollars ($1,620.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 7. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the Rady Children's Hospital Auxiliary (Celebration of Champions), said services shall not exceed the sum of Seven Thousand Four Hundred Thirty Eight Dollars ($7,438.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 8. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with San Diego Bicycle Club (Barrio Logan Grand Prix) for an amount not to exceed Three Thousand Three Hundred Fifty Six Dollars ($3,356.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to he placed on file in the office of the District Clerk. Page 6 of 10 2009-94 9. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the Institute for Shipboard Education/Semester at Sea (Fall 2009 Voyage Return and 100th Voyage Return Anniversary Gala), said services shall not exceed the sum of Twenty Two Thousand One Hundred Eighty Five Dollars ($22,185.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk 10. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to St. Vincent De Paul Village (San Diego International Triathlon), said services shall not exceed the sum of Thirty Two Thousand Five Hundred Dollars ($32,500.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 11. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Veterans Memorial Center (2009 Veterans Day Parade) for an amount not to exceed Two Thousand Two Hundred Dollars ($2,200.00), payment of said funds to be made in accordance with the terrns, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 12. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the World Beat Center (International Dance and Music Festival/Day of the Drum 2010), said services shall not exceed the sum of Nine Thousand Three Hundred Dollars ($9,300.00), and shall be provided in accordance with the terrns, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 13. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the San Diego Anglers (Open Bay Page 7 of 10 2009-94 Bass Tournament), said services shall not exceed the sum of One Thousand Six Hundred Twenty Eight Dollars ($1,628.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. FINANCIAL ASSISTANCE PROGRAMS - REGIONAL: 1. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with Aquatic Adventures (Swan Canyon Restoration) for an amount not to exceed Twelve Thousand Seven Hundred Dollars ($12,700.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 2. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to Bike the Bay (2nd Annual Bike the Bay), said services shall not exceed the sum of Six Thousand Six Hundred Fifty Dollars ($6,650.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 3. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Disabled Businesspersons Association (Challenged America) for an amount not to exceed Fifteen Thousand Dollars ($15,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 4. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Chula Vista Nature Center (Animals of San Diego Bay) for an amount not to exceed Seven Thousand Five Hundred Dollars ($7,500.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. Page 8 of 10 2009-94 5. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the KOZ & Associates (Silver Strand Half Marathon) for an amount not to exceed One Thousand Three Hundred Sixty Two Dollars ($1,362.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 6. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the Marine Technology Society (lath Annual Summer Internship for High School Students) for an amount not to exceed One Thousand Three Hundred Seventy Eight Dollars ($1,378.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 7. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to Navy Region Southwest Morale, Welfare and Recreation (24th Navy Original Bay Bridge Rum/Walk), said services shall not exceed the sum of Seventeen Thousand One Hundred Dollars ($17,100.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. 8. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the San Diego Audubon Society (2010 San Diego Bird Festival) for an amount not to exceed Eight Hundred Eighty One Dollars ($881.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 9. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the San Diego Port Tenants Association (Operation Clean Sweep 2010) for an amount not to exceed Eighteen Thousand Dollars ($18,000.00), payment of said funds to be made in accordance with the Page 9 of 10 2009-99 terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk; provided, however, the Executive Director of the District or his authorized representative is hereby further authorized to provide District services not to exceed the sum of Two Thousand Seven Hundred Eighty Dollars ($2,780.00). 10. That the Executive Director or his authorized representative is hereby authorized to enter into an Agreement, on behalf of the District, with the South County Economic Development Council (South County Economic Development) for an amount not to exceed Twenty Five Thousand Dollars ($25,000.00), payment of said funds to be made in accordance with the terms, conditions and covenants contained in said Agreement, to be placed on file in the office of the District Clerk. 11. That the Executive Director of the District or his authorized representative is hereby authorized to provide District services only to the Stella Maris Seafarers Center (Apostleship of the Sea and Mission to Seafarers), said services shall not exceed the sum of Nine Thousand Four Hundred Twenty Dollars ($9,420.00), and shall be provided in accordance with the terms, conditions and covenants contained in an Agreement, to be placed on file in the office of the District Clerk. BE IT FURTHER RESOLVED that the Board of Port Commissioners hereby waives the provisions of BPC Policy 110 relating to selection of the above -named organizations from a recommended list as provided in said Policy. BE IT FURTHER RESOLVED that any funds authorized pursuant to this Resolution shall not be made available for disbursement prior to the adoption of the District Budget for Fiscal Year 2009-2010. ADOPTED this 5th day of May , 2009. sw 5/5/09 Page 10 of 10 San Diego Unified Port District Office of the Clerk CERTIFICATION OF VOTE Passed and adopted by the Board of Port Commissioners of the San Diego Unified Port District on May 5, 2009, by the following vote: Commissioners Yeas Nays Excused Absent Abstained Michael Bixler X Stephen P. Cushman Michael Najera Scott H. Peters Robert J. Spane Robert Valderrama AUTHENTICATED BY: (Sepik) Resolution Number: OR Ordinance Number: 2009-94 X X x X X —Chairman Oft the Board of Port Commissioners MARY ANN LINER Clerk of the San C}iggo Unified Port District By: District Clerk Adopted: May 5, 2009 UPD Form 022 (Rev. 04/07) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution to extend the existing Regional Communications System (RCS) contract with San Diego County until March 31, 2013. Continued estimated annual cost, $177,030. 2S7 PREPARED BY Lt. D. Espiritu (Ext.4491) DEPARTMENT Police Department EXPLANATION The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communications services to the public safety and public service agencies operating in San Diego County and Imperial County. The term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. In order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system the County of San Diego has formally requested a three year extension to the existing contract. Environmental Review Financial Statement Approved By0 J�— inance Director This extension will not result in a change in overall costs for the RCS program or change in the participating agencies' share in the costs. Continued estimated annual cost, $177,030. Account No. 629-403-082-281-0000 001-411-000-470-0000,001-411-000-480-0000,001-422-000-470-0000, nn1 4,,-0nn-48n-nnnnJln1-41'2-175-470-0000J1n1-41 -1?5-4R0-0000 J STAFF RECOMMENDATION Staff recommends that the City Council extend the terms of the RCS Agreement to March 31, 2013 in order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system f BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) 1. Original RCS A200 and agreement. 2. Letter from RCS Resolution No. A-200 (9/99) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED MARCH 7, 1995 BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY AND OTHER PARTICIPATING AGENCIES REGARDING THE REGIONAL COMMUNICATIONS SYSTEM (RCS), TO EXTEND THE TERM OF THE AGREEMENT THROUGH MARCH 31, 2013 WHEREAS, pursuant to a Memorandum of Agreement (the "RCS Agreement") dated March 7, 1995, the County of San Diego, the City of National City, and other Participating Agencies established the Regional Communications System ("RCS") providing communications services to public safety and public service agencies operating in San Diego and Imperial Counties; and WHEREAS, the original fifteen year term of the RCS Agreement will expire on March 6, 2010; and WHEREAS, the parties to the RCS Agreement desire to extend the term of the Agreement to March 31, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Memorandum of Agreement dated March 7, 1995 establishing the Regional Communications System to extend the term of the Agreement through March 31, 2013. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney rctut►vtu UUP(j 02009 San Diego County — Imperial County `1Cf,i Regional Communications System 5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://vvww.rcs800mhz.org June 19, 2009 Chris Zapata City Manager City of National City 1243 National City Blvd. National City, CA 91950 The Regional Communications System (RCS) Participating Agency Agreement, dated March 7, 1995 between the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County.�esl� years from Mar. On May 5, 2009, the County Board of Supervisors approved an amendment to the RCS Participating Agency Agreement which extends the agreement tohdtakk i=Year 2013 marks the official manufacturer's "end of life" of the Motorola Smartzone 3.0 system on which the RCS operates. The three year extension to the Agreement will provide County staff and the RCS Board of Directors sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. All other terms of the agreement remain unchanged. Please sign and return one of the enclosed amendments (with original signature) and mail to: San Diego County Sheriffs Department Attention: Susan Willy, Manager Wireless Services Division 5555 Overland Avenue, Suite 5105 San Diego, CA 92123 If you have any questions or concerns regarding the amendment, please contact Susan Willy at (858) 694-3953 or by e-mail at susan.willy@sdsheriff.org. Sincerely, Susan Willy, Man ger SW:lst Enclosure (3) Board of Directors SAN DIEGO COUNTY— IMPERIAL COUNTY Chief Kevin Crawford, City of Carlsbad Fire Department (Chair) - Commander Mike McNally, San Diego Sheriff Dept (Vice Chair) Chief Tom Zoll, Carlsbad Police Dept - Herman Reddick, OES, County of San Diego Chief Bob Pfohl, Viejas Fire- Ali Zofaghari, Caltrans Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO Charles Beard, !VELA - Chief Chris Hall, IVECA - Chief Mark Gillmore, IVECA COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TUESDAY, MAY 5, 2009 MINUTE ORDER NO. 2 SUBJECT: SHERIFF - AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEM PARTICIPATING AGENCY AGREEMENT (DISTRICTS: ALL) OVERVIEW: The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between the County of San Diego and participating cities and jurisdictions will expire on March 6, 2010. This is a request to approve the recommendation of the RCS Board of Directors to extend the tenn of the RCS Agreement to March 31, 2013, in order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. FISCAL IMPACT: The estimated annual cost to operate and maintain the RCS is $5,600,000 of which the County pays approximately $2,100,000 and non -County RCS agencies pay $3,500,000. This extension will not result in a change in overall costs for the RCS program or change the participating agencies' share in the costs. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF Approve and authorize the Clerk of the Board to execute an amendment extending the term of the Regional Communications System Participating Agency Agreement to March 31, 2013, on behalf of the Board of Supervisors. ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater -Price, Roberts, Hom 5/05/09 1 AMENDMENT TO THE MEMORANDUM OF AGREEMENT DA I'ED AS OF MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY THIS AMENDMENT to that Memorandum of Agreement dated as of March 7, 1995, providing for the establishment, governance and funding of a regional radio system providing communication services to public safety and public service agencies operating in San Diego County and Imperial County is entered into as of May 5, 2009, between the County of San Diego and the parties listed in Exhibit A as follows: RECITALS Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as of March 7, 1995, the parties established the Regional Communications System ("RCS) and provided for its governance and funding; and Whereas, other jurisdictions have become parties to the RCS Agreement; and Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and will therefore expire March 6, 2010; and Whereas, the present parties to the RCS Agreement desire to extend the term of the RCS Agreement for approximately three more years to terminate March 31, 2013; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 20 of the RCS Agreement is amended by substituting the following language: - This Agreement shall terminate March 31, 2013. 2. In all other respects, the RCS Agreement shall remain the same. IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached Exhibit A. 3 San Diego County - Imperial County Exhibit "A" Amendment to the RCS Participating Agency Agreement CITY OF LEMON GROVE Council Approval Regional Communications System Date: By Mayor CITY OF NATIONAL CITY Council Approval Date: By. Mayor CITY OF OCEANSIDE Council Approval Date: By Mayor CITY OF POWAY Council Approval Date: By Mayor CITY OF SAN MARCOS Council Approval. Date: By Mayor May 5, 2009 Page 3 San Diego County — Imperial County Regional Communications System , 5555 Overland Avenue, Bldg. 12, Suite 5105, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://www.rcs800mhz.org August 23, 2005 Dave Noteware Support Services Manager City of National City Police Department 1200 National City Boulevard National City, CA 91950-4302 Re: Contract between the City of National City and the County of San Diego Dear Dave, Enclosed is your agency copy of the signed National City agreement with RCS for your records. I also included a copy of Minute Order No. 04 when it was approved by County Board of Supervisors on August 2, 2005 and the declining balance/buyout schedule payment commencing on January 31, 2006 up to January 31, 2012. Thank you, 1/1. l.. ; l,i.rt,c, -r CH FI R. HINSH Manager, Wireless Services/RCS Division CRH/cop Enclosures a-7v>— -- Board of Directors SAN DIEGO COUNTY- IMPERIAL COUNTY ChiefDarrell lobes, East County Fire Protection District (Chair) - Chief Thomas A. Zell. Carlsbad Police Department (Vice Chair) Herman Reddick. San Diego County Office of Emergency Services - Cmdr. Robert Apostolos, San Diego Sheriffs Department Ali Zolfaghari, California Department of 7iansportalion-- Chief Erwin Mills, Rancho Santa Fe Fire Protection District - Ron Fuller, Heartland Communications Facility Authority -Timothy Purvis, Poway Unified School District Chief Bob Pfohl, Santee Fire Department, SheriffHarold Carter, Imperial County Sheriffs Department/IVECA- Charles Beard/IVECA, Chief Carlos Escalante. Calexico Fire DeparanenNFVECA-Chief Chris Hall, Calipatria Fire Department CEIVED JUL 0 1 2009 San Diego County — Imperial Gounty Regional Communications System 5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://www.rcs800mhz.org June 29, 2009 Mr. Chris Zapata City Manager City ofNational City 1243 National City Blvd. National City, CA 91950 Dear Mr. Zapata: RCS PARTICIPATING AGENCY AGREEMENT AMENDMENT — MARCH 31, 2013 Please see attached Amendment/Recital and Exhibit A documents which were inadvertently not included with my letter to you dated June 19, 2009. This is your copy of Exhibit A signed by the County Clerk of the Board. Sincerely, _ c A. Susan Willy, Manager SW:Ist Enclosure (2) Board of Directors SAN DIEGO COUNTY— IMPERIAL COUNTY Chief Kevin Crawford, City of Carlsbad Fire Department (Chair) - Commander Mike McNally, San Diego Sheriff Dept (Vice Chair) Chief Tom Zoll, Carlsbad Police Dept - Herman Reddick, OES, County of San Diego Chief Bob Pfohl, Viejas Fire- Ali Zolfaghari, Caltrans Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO Charles Beard, IVECA - Chief Chris Hall, IVECA - Chief Mark Gillmore, IVECA RECEIVED JUL n 12009 AMENDMENT TO TI IE MEMORANDUM OF AGREEMENT DATED AS OF MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY THIS AMENDMENT to that Memorandum of Agreement dated as of March 7, 1995, providing for the establishment, governance and funding of a regional radio system providing communication services to public safety and public service agencies operating in San Diego County and Imperial County is entered into as of May 5, 2009, between the County of San Diego and the parties listed in Exhibit A as follows: RECITALS Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as of March 7, 1995, the parties established the Regional Communications System ("RCS) and provided for its governance and funding; and Whereas, other jurisdictions have become parties to the RCS Agreement; and Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and will therefore expire March 6, 2010; and Whereas, the present parties to the RCS Agreement desire to extend the term of the RCS Agreement for approximately three more years to terminate March 31, 2013; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 20 of the RCS Agreement is amended by substituting the following language: This Agreement shall terminate March 31, 2013. 2. In all other respects, the RCS Agreement shall remain the same. IN WITNESS `l'IIEREOF, the parties hereto have affixed their signature on the attached Exhibit A. RECEIVED JUL 0 1 2009 5an Diego County- Imperial County of Supe Date THOMA puty �;lerk Approved and/or authorized by the Board 1st a County of San Dj@� Minute Order No. J. ASTUSZKA e Board ot ervisors Clerk Regional Communications System Exhibit "A" Amendment to the RCS Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. COUNTY OF SAN DIEGO Board of Supervisors Approval Date: s• S^• 0 1 CITY OF CARLSBAD Council Approval By tit.. ,J _. Thomas J. Pastuszka Clerk of the Board of Supervisors Date: By Mayor CITY OF CHULA VISTA Council Approval Date: By Mayor CITY OF CORONADO Council Approval Date: By Mayor CITY OF DEL MAR Council Approval Date: By Mayor i City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16t', 2004 AGENDA ITEM NO. 27 ITEM TITLE 800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUA AGREEMENTS DAVID TEWA ADOLFO GONZALES •. / ��5 "4 PREPARED BY FOLIC SUPPORT SERVICES DEPARTMENT CHIEF OF POLICE MANAGER NATIONAL CITY POLICE DEPARTMENT EXPLANATION City Council has previously considered the condition of the City's radio system on several previous occasions Most recently at the October 19t 2004 meeting, City Council considered a proposed financing plan calling for at least some of the estimated $2.4M system cost to be financed through private plarrments. At that meeting, City Council directed that Staff return with sales and financing documents at a future meeting. Tonight's recommended action is to grant final approval authority on all necessary aspects of this project and to authorize the City Manager to purchas the system and order delivery. Four separate agreements are necessary to commence this project. Separate resolutions are attached on each agreement and they appear in the following order: Continued on next page. Environmental Review Financial Statement N/A Account No. STAFF RECOMMENDATION If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is acceptable. Such a single motion should recite each of the four resolutions and its caption phra'P. Pit" ^^'CO°Pfitii ai R-C'1f airma‘Tifitl ATTACHMENTS (Listed Below ) A.) RCS Memberstup Agreement B.) RCS Financing Agreement C.) D.) Motorola Equipment PuRrcnaset.A.greement Financing Agreement with Zion First National Bank A-200 (9/80) 9 (Continuation) 800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS A.) Resolution for RCS Membership Agreement — The Regional Communications System (RCS) is a joint powers agency spanning San Diego and Imperial Counties. The Agency provides the backbone on which the physical radios operate. New members "buy -in" to the existing RCS infrastructure via a one-time buy -in fee. This fee is estimated at $887,714.00. B.) Resolution for RCS Financing Agreement —Our Financial Advisor, Ruben Mendoza, has determined that RCS's own financing offer of 5.65% interest over a seven year loan is the most advantageous to the City. This resolution secures that financing. C.) Resolution for Motorola Equipment Purchase Agreement — Motorola's estimated costs to deliver a turn -key system are estimated at $1.5M. This resolution waives the City's bid process based on section 2.60.220 B of the Municipal Code, which authorizes waiver of the bidding process when the commodity can be obtained from only one source, and authorizes the equipment to be ordered. D.) Resolution for Financing Agreement with Zions' First National Bank — The City's Financial Advisor bas recommended that the financing for the equipment and services to be purchased from Motorola be competitively placed with Utah -based Zions' First National Bank. The form of the financing will be a 10-year lease at a rate of 4.46%. This resolution secures this final piece of the financing. In the interest of time and the complexity of the various transactions it is recommended that the City Manager be authorized to sign all agreements and other documents that are necessary to implement this project without further City Council action. Proposed resolutions have been prepared with this authority. Current total project costs are estimated at approximately $2.4M, however, it is expected that there may need to be minor deviation on the amount as the final radio and parts orders are completed. In addition, some minor contracts with third -party vendors (phone company, equipment suppliers, etc.) will be necessary and will cause a minor change in the total project cost. In addition a "reserve" is often built into leases to function as a contingency and this amount will be set in the coming weeks. If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is acceptable. Such a single motion should recite each of the four resolution numbers and its caption phrase as listed above. 800 MHz103104.doc 1 0 CITY COUNCIL MEETING DATE: NOVEMBER 16, 2004 800 MHZ CITYWIDE RADIO SYSTEM; FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS STAFF REPORT. In March of this year the Mayor and City Council identified Public Safety as the top policy priority. At that time, problems with current radio system were reviewed and plans to join the Regional Communications System (RCS) were advanced. More than any others, two reasons stand out to immediately move the City from our own private system to the RCS: 1. Hardware components of our 10-year old existing system have begun to fail and the hardware vendor, Motorola, has announced hardware and software support will stop being offered by 2006, at the latest, and; 2. Just as we did strategically with the old financial management software(called the Prime) about 5 years ago — our goal has to be to bring a new system on line before the current one stops functioning. Staff has been working with County of San Diego to provide access for the City of National City to join the San Diego County Regional Communications System (RC). In anticipation of the this approval, staff has been working with County of San Diego's 800 MHz vendor, Motorola Communications and Electronics, to design a radio system with appropriate equipment components which would work best with County of San Diego system and meet the communications needs of the City of National City Police, Fire, Finance, Public Works, Engineering, Planning, Building, and Parks and Recreation Departments. Another important goal of the project is to establish much -needed "interoperability" between the various local and outside agencies; that is to give personnel from different agencies the ability to communicate effectively with each other during joint operations. This project is designed to increase the overall effectiveness of very limited personnel resources operating within our own city limits and in a very large geographic area of San Diego County, enabling well coordinated cooperative actions aided by clear , effective mobile communications. What happens if the system is not upgraded? The City will not escape paying for the system replacement and purchasing new user equipment. Motorola estimated that in order to continue using our existing system, replacement costs would be approx $4,000,000.00. There are several reasons why that cost is so high. All the existing stationary equipment would have to be replaced due to its age and non -availability of parts and software. Relocation of existing antenna to a higher location to provide for proper coverage would be necessary. 1 System cost total to move to RCS: The total cost of joining RCS and upgrading our existing 800 Mhz system would be approx $2.4 million. The San Diego Regional Communications System cost, is divided into two areas; Buy - In and Infrastructure/user equipment. 1. "Buy -in" is the upfront one time cost to become an RCS member; $887,714.00 for the City of National City. 2. "Infrastructure and User equipment" would provide everything necessary for all City users to connect to the RCS - $1.5M a. Repeaters, Channel Banks, Dispatch Center Console Upgrade, Engineering, Installation, Project Management, System Integration, Staging, Freight and Dismantling of old existing equipment. b. Replacing all older analog mobiles, portables and control stations. c. Ongoing annual network operating cost and hardware maintenance: additional $75,000.00 Initial Cost savings of joining the RCS versus upgrading our current system would be approx $1.6 million ($4,000,000.00 less $2,400,000.00) Implementation: Motorola and RCS estimate that a 6-8 month time line would be required to complete the entire project. Since Fire is dispatched through Heartland Dispatch, an estimated January 1, 2004 connect would be possible provided Motorola and RCS purchase and re -program all the radios expeditiously. Additionally, Police will have full RCS capability upon completion of the console and T-1 data line installation estimated to be around April -May 2004 time frame. Financing: Ruben Mendoza recommended financial options: I.) How a Private Placement Works: In a private Placement an issuer negotiates directly with an investor to fund a specific project. Cost savings are realized because instead of a full blown bond issue with costs for bond attorneys, insurance, ratings, printing, trustee etc..., an issuer and investor work with documents that have already been diligently reviewed by various attorneys and are generally accepted out in the marketplace. Under a private placement terms and structure of a financing are negotiated to best suit both parties. 2.) Motorola Financing versus Institutional Investor: We contacted various financial institutions who we knew were active purchasers and investors of municipal tax-exempt paper. We standardized the Motorola proposal so investors could quote on similar terms and structure. Motorola indicated that their July numbers were stale since so much time had passed so Motorola was given the opportunity to requite their proposaL Below is their final quote compared to the lowest quote received from a financial institution, Zion's First National Bank. 2 1Z A RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATING AGENCY AGREEMENT FOR THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modem, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Regional Communications System Participating Agency Agreement. Said agreement is on file on the Office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 13 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE PURCHASE OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. WHEREAS, the purchase of equipment, software, services, supplies and hardware (collectively referred to as "the system") is necessary in order for the City to participate in the 800 MHz San Diego County -Imperial County Regional Communications System ("the RCS"); and WHEREAS, during the purchasing process, it was determined that Motorola, Inc. was the only vendor capable of providing the system necessary to participate in the RCS; and WHEREAS, pursuant to Section 2.60.220B of the Municipal Code, the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the Mayor to execute an agreement with Motorola, Inc. for the purchase of an 800 MHz radio system. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN DIEGO TO PAY FOR THE COSTS OF THE CITY'S PARTNERSHIP IN THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modem, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. WHEREAS, in order to obtain full partnership in the RCS, the City must pay for the costs of participating in the existing RCS infrastructure, estimated to be $887,714; and WHEREAS, it has been recommended by the City's Financial Advisor that the most advantageous, cost-effective way to finance the "buy -in" costs of participating in the RCS is to enter into a contract for the payment of said costs with the County of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a contract with the County of San Diego to pay for the costs of the City's partnership in the San Diego -Imperial County Regional System. Said contract is on file on the Office of the City Clerk. 's Resolution No. 2004 — November 16, 2004 Page Two APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIXED RATE EQUIPMENT LEASE/PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK FOR THE ACQUISITION OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. WHEREAS, the purchase of equipment, software, services, supplies and hardware (collectively referred to as "the system") is necessary in order for the City to participate in the 800 MHz San Diego County -Imperial County Regional Communications System ("the RCS"); and WHEREAS, it has been recommended by the City's Financial Advisor that the most advantageous, cost-effective method to finance the acquisition of the system is to enter into a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First National Bank. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First National Bank for the acquisition of an 800 MHz citywide radio system from Motorola, Inc. Said agreement is on file in the office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 17 Attachment San Diego County -- Imperial County Regional Communications System Agreement Between the County of San Diego and Participating Cities and Jurisdictions Regarding the Implementation, Governance, Method of Funding and Costs of a Regional Radio System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County. March 7, 1995 San Diego County - Imperial County REGIONAL COMMUNICATIONS SYSTEM AGREEMENT Table of Contents Rag loyal COmmunlGatIo a 5yetem SECTION SUMMARY PAGE 1. Purpose and Intent of Agreement 1 2. Regional Communications System (RCS) Overview 3. Agreement Contingencies 1 2 4. RCS Participants 5. Additional Participants 2 2 6. Performance Requirements 3 7. RCS Access Priorities 8. RCS Governance 3 3 9. Roles and Responsibilities 10. RCS Member Board 4 4 11. RCS Board of Directors 5 12. Representation on the RCS Board of Directors 13. RCS Board of Directors Terms and Qualifications 7 8 14. Attendance and Participation by the Public 15. RCS Voting Requirements 9 9 16. Department of Information Services Support Staff Role 9 17. Agency Costs and CSA Benefit Charges 10 18. Point of Demarcation - Responsibility of Equipment 13 19. Purchase of RCS Compatible Equipment 13 20. Term of Agreement; Entire Agreement 13 21. Agreement Modification 13 22. Termination of Agreement 23. Binding Arbitration 14 14 Signatures Authorizing Signatures of Governing Parties 15 - 18 Exhibit "A" Parties to the Agreement Exhibit "B" Estimated Agency One -Time Costs (Voice and Data) Exhibit "C" Example of Estimated Post Agreement Start-up Costs Exhibit "D" RCS Governance Structure Flow Chart San Diego County— Imperial County REGIONAL COMMUNICATIONS SYSTEM Participating Agency Agreement 1. Purpose and Intent of Agreement 1.1. This Memorandum of Agreement dated as of March 7, 1995, between the parties named in Exhibit "A" and the. County of San -Diego, a political subdivision of the State of. California, provides for the development and operation of a Regional Communications System (RCS) benefiting the radio communication needs of public safety and public service agencies operating in the counties of San Diego and Imperial. 1.2. Nothing in this•Agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. 1.3. In order to provide an alternate source of funding for agencies participating in the RCS, the County of San Diego has formed County Service Area (CSA) 135 pursuant to Government Code (GC) Section 25210.1 et. seq. 1.4. For participating agencies deciding to use CSA 135 to fund their system costs, the County intends to levy parcel charges according to benefit per §25210.77a GC. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 2. Regional Communications System (RCS) Overview 2.1. The RCS will replace the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with a modern, trunked radio system. 2.2. The RCS will include a separate Mobile Data System (MDS) that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose. Participation in the MDS is not mandatory, and the MDS coveragearea will be subject to agency participation. 2.3. The RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. Public safety and public service agencies throughout the counties of San Diego and Imperial will have the opportunity to join the RCS. 2.4. For the purposes of this Agreement, Public Safety and Public Service agencies are defined to include: Participating Agency Agreement San Diego County - Imperial C my Regional Communkatlona System 2.4.1. Public Safety includes al/ law enforcement, fire service, EMS and. disaster preparedness agencies in San Diego County and Imperial County. 2.4.2. Public Service includes the State of California Department of Transportation (CALTRANS) District 11 and other participating agencies in the counties of San Diego and Imperial whose primary responsibility is providing citizens with services other than law enforcement, fire service and disaster preparedness. 2.5.. Alllaw•enforcement,.fire-service disaster preparedness and participating public service -agencies in -San Diego County and Imperial County shall have..access.to mutual aid communications capabilities. 2.6.• Communications with :agenciesthat have installed their own 800 MHzradio.. systems shalt be facilitatedvia interfaces to the RCS. - 3. Agreement Contingencies This agreement is void unlessfinancing for the radio: system infrastructure -is approved by the San Diego County Board of Supervisors and the necessary financing closes. As to the County of Imperial, this Agreement shall terminate if a CSA or other.funding mechanism for communications purposes is not established within two years of the date of this Agreement. 4. RCS Participants 4.1. The RCS shall be designed to support the requirements of San Diego and Imperial county public safety and designated public service participants. 4.2. CALTRANS radio requirements shall be supported throughout District 11, which includes the counties of San Diego and Imperial in their entirety. 4:3. All participants shall receive equitable representation on the Regional Communications System Member Board (RCS Member Board) as set forth in this Agreement. 4-4. As part of implementing this agreement, participating agencies shall co - license or transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the RCS. 4.5. No actions by the RCS Board of Directors, by the County of San Diego or by the County of Imperial may be so broad in nature that they negatively affect or impact the operational or legal integrity of its individual member agencies. 5. Additional Participants 5.1. As system capacity permits, the RCS Board of Directors may approve other agencies joining the RCS on a case -by -case basis after the date of this Agreement- 5.2. Priority consideration shall be given to agencies with licensed, public safety/public service 800 MHz frequencies that can be co -licensed or trans - March 7, 1995 Page 2 Participating Agency Agreement San Diego Ceurtty-Imperial Canty Faglonal Communicatione rYe,r ferred to the RCS, if such action can result in enhanced radio communications capabilities for all participants. 6. Performance Requirements 6.1. The RCS shall be designed to provide a high level of service and responsiveness, with region -wide coverage and capacity for all planned users throughout the term of this Agreement. 6.2. The RCS design objectives for the performance of portable and mobile voice and data radio equipment, and the quality of coverage provided shall be determined by. the RCS Board of Directors and appropriate County of San Diego staff. 6.3. The RCS shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the life of the system. 6.4. The actual RCS coverage plan shall be determined by the. RCS Board of Directors. 7. RCS Access Priorities 7.1in the event that all radio channels in the RCS are busy, users wanting to speak shall be prioritized as follows, regardless of how long they have been waiting. 7.1.1. Priority One — Emergency Identification. An Emergency Identification is defined as the message received when a public safety member calls for immediate assistance by activating an emergency button or switch on the user radio equipment. 7.1.2. Priority Two — Public Safety 7.1.2.1. Public Safety includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster preparedness personnel using the RCS. 7.1.2.2. Public Safety also includes RCS users whose normal lower priorities have been temporarily changed to resolve an unusual occurrence or large scale disaster. 7.1.3. Priority Three — Non -Public Safety, Special Event. Non -Public Safety, Special Event includes planned events involving public service agency participants that are beyond the scope of their normal daily operations. 7.1.4. Priority Four — Non -Public Safety, Regular. Non -Public Safety, Regular includes the normal daily radio transmissions of public service agencies using the system. 8. RCS Governance March 7, 1995 Page 3 San Diego County. k:perfal County Participating Agency Agreement Ragianl Communications 5yetem 8.1. The overall goal in governing the RCS shall be to establish an operational and management structure that will provide authority to participants during the RCS's development and in the subsequent ongoing administration and management throughout the term of this agreement. Exhibit "D" depicts an RCS governance flowchart. 8.2. The RCS Member Board and the RCS Board of Directors are established by this Agreement, the duties and responsibilities of which are set forth in §10 and §11. 8.3. The governance objectives include: 8.3.1. Provide a structure which retains administration and fiscal responsibility of the system in the control of the participating agencies. 8.3.2. Allow the use of a CSA funding mechanism. 8.3.3. Establish an organization which facilitates decision making. 8.3.4. Leverage resources where appropriate. 8.3.5. Develop an organization which will remain flexible and meet the needs of the participants over the term of the agreement. 9. Roles and Responsibilities As required by the California CSA law, the San Diego County Board of Supervisors shall have ultimate legal and fiscal control over the RCS. Subject to such ultimate control, the Board of Supervisors shall delegate the fiscal control and operational administration of the RCS to the RCS Board of Directors. 10. RCS Member Board 10.1. Each of the parties to this Agreement desires to participate in the governance of the RCS as a member of the Regional Communications System Member Board to be formed under the provisions of this Agreement. 10.2. The Regional Communications System Member Board shall have re- sponsibility for, and shall provide administration of components of the RCS that are common to all participating agencies. 10.3. Each participating agency shall appoint one representative to serve on the RCS Member Board: Representatives to the RCS Member Board shall serve at the pleasure of their respective appointing authority. 10.4. A participating jurisdiction with multiple agencies whose public safety and service radio communication needs are being met by the RCS shall be entitled to one representative on the RCS Member Board for each type of agency. (I. E., a participating city whose police and fire departments use the RCS shall have a RCS Member Board representative from each department.) March 7, 1995 Page 4 Participating Agency Agreement San Diego County -Imperial County Regional Communiratfor o System 10.5. The RCS Member Board shall be responsible for recommending operational changes and for participating in other committees, or in other ways deemed appropriate by the RCS Board of Directors. 10.6. The RCS Member Board shall be responsible for approving the annual budget. 11. RCS Board of Directors 11.1. The RCS Board of Directors shall be composed of RCS representatives of each type of participating public safety/public service agency. 11.2. Members of the RCS Board of Directors shall be determined in the following manner, accordingto the type of agency. 11.2.1. San Diego County: 11.2.1.1. The delegate from the San Diego Sheriffs Department shall be the Sheriff or the Sheriffs designate. 11.2.1.2. The representative for the County of San Diego shall be the Chief Administrative Officer (CAO) or the CAO's designate, preferably from the Office of Disaster Preparedness. 11.2.1.3. The municipal police representative shall be a police chief or designate from RCS member agencies who shall be selected by the San Diego County Police Chiefs and Sheriff's Association. 11.2.1.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Fire Chiefs Association. 11.2.1.5. The fire district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Chapter, Fire Districts Association of Califomia. 11.2.1.6. The North County Dispatch Joint Powers Authority (JPA) representative shall be a fire chief or designate from RCS member agencies who shall be selected by the North County Dispatch JPA goveming body. 11.2.1.7. The Heartland Communications Facility JPA (HCFA) representatives shall be designates from RCS member agencies who shall be selected by the HCFA governing body. 11.2.2. Imperial County: 11.2.2.1. The delegate from the Imperial County Sheriff's Office shalt be the Sheriff or a designate. March 7, 1995 Page 5 ZLI San Diego County • I t perial Canty Participating Agency Agreement Regional Cummunieatlone System 11.2.2.2. The representative for the County of Imperial shall be the CAO or a designate. 11.2.2.3. The municipal police representative shall be a police chief or designate from RCS member agencies who shall be selected by the imperial County Police Chiefs Association. 11.2.2.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the Imperial County Fire Chiefs Association. 11.2.2.5. The fire district representative shall be a fire chief or designate from RCS member agencies who_ shall- be selected by the Imperial County Chapter, Fire Districts Association of California. 11.2.3. The representative for CALTRANS shall be a designate selected by appropriate state authority. 11.2.4. This -Agreement provides for the addition of two public service members of the RCS Board of Directors, to be added when public service agencies join the RCS. 11.3. The RCS Board of Directors shall be responsible for the overall administration and direction of the RCS through interaction with the San Diego County Board of Supervisors, the assigned San Diego County staff and the RCS Member Board. 11.4. Specific responsibilities of the RCS Board of Directors shall include: 11.4.1. Formulating the annual budget and submitting it to the RCS Member Board for approval. 11.4.2. Identifying participating agency needs and requirements. 11.4.3. Establishing subcommittees as necessary to ensure the interests and concerns of each user agency are represented and to ensure technical issues are thoroughly researched. 11.4.3.1. The RCS Board of Directors shall establish a committee of MDS user agencies to administer the MDS and to make appropriate recommendations. 11.4.3.2. If all RCS user agencies are MDS participants, administration of the MDS shall revert to the RCS Board of Directors. 11.4.4. Monitoring the implementation of the RCS. 11.4.5. Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups. 11.4.6. Developing and approving RCS operating policies and proce- dures. March 7, 1995 Page 6 Participating Agency Agreement San Diego County -Imperial County Regional Communicxtlos9 System 11.4.7. Overseeing the establishment of long range plans. 11.4.8. Overseeing scheduled system reviews at intervals determined by the RCS Board of Directors, but not to exceed three years. 11.4.9. Budgeting and approving the disbursement of money from all CSA 135 funds. 11.4.10, Making recommendations to the San Diego County Board of Directors regarding the inclusion of additional RCS participants. 11.4.11. Addressing concerns of participating agencies. 11.4.12. Adopting appropriate actions to adjust RCS policies or procedures. 11.4.13. Adopting by-laws to govern the RCS Board of Director's internal operations. 11.4.14. Meeting quarterly or more frequently, if necessary. 11.4.15. Appointing a new Chairperson annually. 11.4.16. Conducting an annual fiscal audit. 11.4.17. Conducting periodic RCS audits. 11.4.18. Discharging other duties as required by statute. 12. Representation on the RCS Board of Directors, 12.1. As of the date of this Agreement, the following types of agencies shall be represented by appointment to the RCS Board of Directors: 12.1.1. San Diego County: 12.1.1.1. Sheriff's Department 12.1.1.2. County Representative (Office of Disaster Preparedness) 12.1.1.3. Municipal Police 12.1.1.4. Municipal Fire 12.1.1.5. Fire Districts 12.1.1.6. North County Dispatch Joint Powers Authority 12.1.1.7. Heartland Communications Facility Joint Powers Authority 12.1.2. Imperial County: 12.1.2.1. Sheriff's Department 12.1,2.2. County Representative 12.1.2.3. Municipal Police 12.1.2.4. Municipal Fire March 7, 1995 Page 7 a( Ssn Dlego County- Imp_rial County Participating Agency Agreement Kagion al Couununitations System 12.1.2.5. Fire Districts 12.1.3. CALTRANS 12.1.4. Public Service agencies shall select two delegates at large. 13. RCS Board of Directors Terms and Qualifications 13.1. Terms for members of the RCS Board of Directors shall be determined by their appointing authority. All members of the Board of Directors serve at the pleasure of their respective appointing authority. 13.2. The appointing authority shall also select an alternate to the RCS Board of Directors. Alternate members are encouraged to attend regular Board of Directors meetings, but shall vote only in the absence of the regular member. 13.3. Only representatives of agencies participating in the RCS may be selected to the RCS Board of Directors. 13.4. The Chairperson and a Vice Chairperson. of the RCS Board of Directors shall be biannually elected by a majority vote of the Directors. During their term, the Chairperson and Vice Chairperson shall serve at the discretion of a majority of the Directors. 13.5. Attendance at Board of Directors meetings: 13.5.1. Members of the Board of Directors are expected to attend all possible meetings to represent their group interests and to help conduct RCS business. Arrangements should be made for the alternate to attend in the absence of the primary representative. 13.5.2. To remain on the Board of Directors, a director may not exceed more than three absences from regularly scheduled Board of Directors meetings during a County of San Diego fiscal year (July 1 through June 30). 13.5.3. If a director exceeds more than the allowable three absences in a fiscal year, the Board of Directors shall request a replacement from the appointing authority unless, because of extraordinary circumstances, the Board of Directors votes to allow one additional absence. 13.5.4. Alternate directors shall be subject to the same requirements for all meetings they are required to attend. 13.5.5. An absence by both the primary director and the altemate director representing the same appointing authority shall be counted against both parties. 13.5.8. By vote of the Board of Directors, a leave of absence may be granted to a primary or alternate director for no more than 180 days. Only one leave of absence may be granted in any twelve month period. March 7, 1995 Page 8 Participating Agency Agreement San Diego Laverty - imperial County Regional Commenications Syetem 13.5.7. Resignation from the Board of Directors shall be submitted in writing to the chairperson and to the appointing authority. 14. Attendance and Participation by the Public 14.1. Ralph M. Brown Act All meetings of the RCS Board of Directors and RCS Member Board shall be noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (GC §54950 et. seq.). 14.2. Local, state and federal representatives of public safety or service agencies who are not parties to this Agreement may participate in RCS Board of Directors, Member Board.or committee meetings as members of the public, but shall not have voting rights. 14.3. Representatives from non -participating agencies may not serve in any official capacity in respect to RCS administration, management or operation. 15. RCS Voting Requirements 15.1. Members of the RCS Member Board, Board of Directors and committees shall vote on all items on the basis of one vote per member. 15.2. A quorum for the conduct of business exists when a majority of the members are present at Board of Directors, Member Board and other committee meetings. 15.3. Actions on all boards and committees shall be determined by a majority vote of members present at a meeting when a quorum exists. 15.4. An agency may not designate another agency to be its proxy. 15.5. In the case of RCS Board of Directors actions, the alternate delegate shall only have a voting right in the absence of the regular delegate. 16. County of San Diego, Department of Information Services (DIS) Support Staff Role 16.1. DIS staff shall serve as an advisory and staff function to the RCS Member Board and RCS Board of Directors. 16.2. DIS staff shall manage the day-to-day operation of the RCS subject to direction from and review by the RCS Board of Directors . 16.3. DIS staff shall provide support as necessary, but shall not have a voting right on any business before the RCS Member Board, the RCS Board of Directors, or any committees. 16.4. DIS staff shall perform the functions necessary to ensure that specific system performance guarantees are maintained throughout the term of the agreement. 16.5. As the manager and operator of the RCS, the Department of Information Services shall have the responsibility to: March 7, 1995 Page 9 Participating Agency Agreement San Otago County-Imi7erialCounry Regional Conun inlotbne System 16.5.1. Provide appropriate staff support to the RCS Board of Directors as requested, within budgetary restraints. 16.5.2. Seek RCS Board of Directors approval of major policy decisions related to the RCS. 16.5.3. Develop contracts with vendors and submit to RCS Board of Directors for approval. 16.5.4. Implement the regional 800 MHz public safety voice and data radio systems. 16.5.5. Retain employees and agents. 16.5.6. Acquire, hold or dispose of property necessary to operate the RCS. 16.5.7. Charge participating agencies for expenses incurred in ongoing maintenance and operation of the RCS. 16.5.8. Implement policy. 16.5.9. Monitor and maintain RCS performance. 16.5.10. In conjunction with the RCS Board of Directors, develop and recommend the annual RCS budget. 16.5.11. Reassign RCS priorities in extraordinary circumstances and make emergency repairs as required. 16.5.12. Provide information and support as necessary to the RCS Board of Directors. 16.5.13. Provide operating reports and technical information as necessary to assist the RCS Board of Directors. 16.5.14. Establish and maintain accounts and records, including personnel, property, financial, programmatic and other records deemed necessary by the RCS Board of Directors to ensure proper accounting for all ongoing operations and maintenance costs. 16.5.15. Use the records to justify any adjustment to agency benefit charges. 16.6. The Director of DIS shall provide the RCS Board of Directors timely advance notice of impending personnel changes affecting any management staff assigned RCS responsibilities. 17. Agency Costs and CSA Benefit Charges 17.1. The Department of Information Services shall implement, manage and operate the 800 MHz trunked radio backbone and microwave systems. 17.1.1. Costs for agencies participating at the time the RCS is implemented are reflected in Exhibit "B". MDS participation costs are separate from voice radio system costs. March 7, 1995 Page 10 Participating Agency Agreement San Dingo County • Imperial County Rtgional Cemmuieratione 5yetem 17.1.2. Costs for agencies joining subsequent to the implementation of the RCS: 17.1.2.1. The County of San Diego shall assume the costs of implementing the voice and data radio backbone systems in areas where agencies have not committed to RCS participation. 17.1.2.1.1. RCS coverage in those areas shall meet the requirements of the County of San Diego. 17.1.2.1.2. Costs to enhance coverage to satisfy the needs of an agency joining the RCS subsequentto the original implementation shall be the joining agency's responsibility. 17.1.2.2. An agency joining the RCS shall be responsible for paying their original one-time costs as represented in Exhibit "B", plus financing costs that have incurred since the date of this Agreement. The RCS Board of Directors shall reimburse appropriate financing expenses to the County of San Diego in relation to §17.1.2.3. (gX14MPLE.: If Santee decides to join the RCS after five years of the 15 year agreement have passed, their costs will include: (1) their estimated one-time costs as shown in Exhibit B" and, (2) associated financing costs for the first five years, as shown in Exhibit `C". The RCS Board of Directors shall then reimburse the County of San Diego for principal and financing expenses that resulted because of Santee's absence during the initial five years.) 17.1.2.3. An agency or jurisdiction that wants to join the RCS must pay a proportional cost of the overall voice radio backbone and microwave development investment. If the agency or jurisdiction decides to use CSA 135 for funding, it must file an application with the San Diego County Local Area Formation Commission (LAFCO) to join CSA 135. Each agency is responsible for its own costs associated with the LAFCO process. 17.1.2.4. All funds received from agencies joining the RCS shall be deposited in the CSA 135 account for appropriate distribution by the RCS Board of Directors. 17.2. The agency may use a funding method other than CSA 135 to pay for its RCS origination and operating expenses. March 7, 1995 Page 11 Participating Agency Agreement San Diego Calmly -Imperial County Regional Communications System 17.3. Ongoing operations and maintenance costs shall be shared equally by the participating agencies and shall be based on the established formula. (See Exhibit "B") 17.4. Monthly Operating Fees 17.4.1. The costs of ongoing operations and maintenance of the trunked voice radio system, mobile data radio system and microwave system shall be allocated to the participating agencies on a per radio basis. 17.4.1.1. The cost per radio shall be limited to those radios used on the RCS during normal operations. 17.4.1.2. Radios temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing RCS costs unless the radios are retained for normal operations following resolution of the disaster or emergency. 17.4.1.3. The costs of ongoing operations and maintenance on the voice system and the mobile data system shall be determined separately, since not all agencies will decide to use both systems. Therefore, the monthly operating fees for radios on each system may be different.. 17.4.2. After resolving which agencies are participating and determining the actual number of radios to be included in each system (voice and data), the cost per agency shall be finalized. 17.4.3. The final cost shall be in effect for a period of one year and shall be adjusted annually to reflect actual costs. 17.5. Reserve Funds in CSA 135 Account 17.5.1. One of the responsibilities of the RCS Board of Directors is to budget the disbursement of money from the CSA 135 account. 17.5.2. All funds received by the County of San Diego from all RCS participating agencies, for the purpose of funding the RCS shall be deposited into the CSA 135 account. 17.5.3. Reserve funds, including interest, shall be maintained in the CSA 135 account for the purposes of contingencies and for RCS upgrades and enhancements. 17.5.4. CSA 135 reserve funds can only be used for Regional Communications System purposes and on approval of the RCS Board of Directors by majority vote. 17.5.5. The RCS Board of Directors shall review CSA 135 fund levels annually and take appropriate action. 17.6. CSA 135 Zone Option and Costs March 7, 1995 Page 12 Participating Agency Agreement San Diolo County- Imperial County Regional Communications Systcm 17.6.1. Each participating agency shall have the ability to customize their own CSA 135 requirements for other RCS components, including user equipment, communications center equipment and operating costs, by developing a CSA zone. 17.6.2. Each agency establishing a zone shall have the responsibility to develop an annual zone budget and zone benefit fee schedule. 17.6.3. The CSA funds generated within the zone may only be utilized to meet the requirements of that zone. 17.7. Unless -otherwise agreed, maintenance of agency owned RCS equipment shall be provided by Department of Information Services staff assigned to the RCS. All associated maintenance costs shall be included as a part of the agency monthly operating fees. 17.8. Maintenance and other costs associated with the provision of primary commercial and back up 110/240 volt A. C. electrical power shall be the responsibility of the agency. 17.9. Unless otherwise determined by separate agreement, each participating agency shall be responsible for the costs associated with connecting to the RCS backbone from the point of demarcation to the agency radio system equipment. 18. Point of Demarcation for Responsibility of Equipment 18.1. Unless otherwise determined by separate agreement, the demarcation point between RCS responsibility and agency responsibility is the microwave radio channel bank equipment termination blocks that are used to interconnect the agency radio consoles and other electronic devices used for voice and data communications to the channel banks. 18.2. Each participating agency shall be responsible for all costs associated with their mobile data system application development, user equipment and integration from the point of demarcation. 19. Purchase of RCS Compatible Equipment 19.1'. Each participating agency agrees to meet County of San Diego specifications, including brands and models when appropriate, for associated equipment used to interconnect to the RCS. 19.2. Participating agencies agree to submit specifications of radio system related equipment orders to County RCS staff to ensure compatibility before purchase. 19.3. Associated equipment may be purchased through the County of San Diego to insure compatibility and favored pricing. 20. Term of Agreement The term of agreement is for fifteen years from the date of this Agreement. 21. Agreement Modification; Entire Agreement March 7, 1995 Page 13 3Z Participating Agency Agreement San Diego County- Imperial fealty Regional Communications System 21.1. This Agreement may only be amended in writing with the approval of the governing bodies of all parties to this Agreement. Prior to processing an amendment, a recommendation shall be requested from the RCS Board of Directors. 21.2. This Agreement constitutes the entire agreement of the parties and any previous oral or written agreements are superseded by this Agreement. Subsequent agreements may be entered into with CALTRANS and the County of Imperial concerning RCS matters. 22.. Termination of Agreement 22.1. In order to terminate participation prior to the end of the fifteen year term, the withdrawing agency must provide no less than a one year written notice. - of intent to terminate participation. 22.2. Termination shall be granted provided that the withdrawing party: 22.2.1. Returns to the RCS all equipment for value that the RCS Board of Directors determines is required to maintain the RCS for all. remaining users; and, 22.2.2. If the termination compromises the legality of the CSA benefit charges in the jurisdiction of the withdrawing agency, such agency shall be responsible for the remaining debt payments which would have aggregated from the CSA. 22.2.3. If an agency that brought frequencies to the RCS opts to terminate, the RCS Board of Directors shall negotiate a settlement that either returns the same or equivalent operable frequencies, or provides equitable compensation if frequencies are left with the RCS. 23. Arbitration 23.1. If settlement on an issue cannot be reached between the grieving or terminating agency and the RCS Board of Directors, binding arbitration shall be employed to reach a settlement. 23.2. The arbitrator shall be selected by mutual agreement of the RCS Board of Directors and the terminating agency. 23.3. It shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the settlement which shall be binding in nature, except as to issues of law. 23.4. Each party to a hearing before an arbitrator shall bear his own expenses in connection therewith. 23.5. All fees and expenses of the arbitrator shall be borne one-half by remaining members of the RCS and one-half by the grieving or withdrawing agency. March 7, 1995 Page 14 33 Participating Agency Agreement San Diego County- Gnpsrial County Regional Communications&ysten IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO Board of Supervisors Approval Date: MAR 7 sro; By CITY OF CARLSBAD Council Approval Date: MARCH 22, 1995 By CITY OF DEL MAR Date- at-5— Council Approval Date CITY OF ENCINITAS Council Approval Date: MARCH 22 1995 By �� v CITY OF IMPERIAL BEACH Council Approval Date' By CITY OF LEMON GROVE Council Approval Date: By CITY OF POWAY Council Approval Date: =; / - CITY OF SAN MARCOS Council Approval Date: 0-05- By By CITY OF SOLANA BEACH Council pproval Date' `- -I 7 Mayor Mayor Mayor •,Mayor 3W March 7, 1995 Page 15 5en Diego County- Imperial County Participating Agency Agreement CITY OF VISTA Council Approval Date:_-11-615 NORTH COUNTY DISPATCH JPA Board of Directors Approval Date:, i -SAS --`i- HEARTLAND COMMUNICATIONS FACILITY JPA Board of Dir for$ Approval Date: � /3/ By IMPERIAL VALLEY EMERGENCY COMMUNICATIONS JPA c-OUNTY or IMPERIAL Directors Board of SupeFyiseryApp rova I Date:, 1' 2 6-j By STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION State of California Approval Date: By ALPINE FIRE PROTECTION DISTRICT Governing Authority Approval Date: 43 -1 y- cjS B BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Governing Authority Approval Date:'- 9S Mayor By ( .7.sa J� Regional Conv ,unicatione 5ystnm March 7, 1995 Page 16 San Diego County- Imperial County Regional Communiopons5y5tem Participating Agency Agreement BORREGO SPRINGS FIRE PROTECTION DISTRICT GoverningAuthority Approval Date: - DEER SPRINGS FIRE PROTECTION DISTRICT Governing Authority Approval Date' EAST COUNTY FIRE PROTECTION DISTRICT Governing Authority Approval Date: 7' 7995 JULIAN-CUYAMACA FIRE PROTECTION DISTRICT Governing Authority Approval Date- i 7, ,7Qav LAKESIDE FIRE PROTECTION DISTRICT Governing Authority Approval Date: /-=f 1,7, 14•9 rvv B By By By �"/z, LOWER SWEETWATER FIRE PROTECTION DISTRICT Governing Authority Approval Date: By PINE VALLEY FIRE PROTECTION DISTRICT Governing Authority Approval Date: By RANCHO SANTA FE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By ( March 7, 1995 Page 17 3o San Diego County • Imperial County Participating Agency Agreement RURAL FIRE PROTECTION DISTRICT Governing Authority Approval Date:-tBy SAN MIGUEL CONSOLIDATED FIRE PROTECTION DISTRICT GoverningA Date:_ ' . lthority Approval VALLEY CENTER FIRE PROTECTION DISTRICT Governing Authority Approval Date- 2Y-- DI VISTA FIRE PROTECTION DISTRICT Governing AuthorityApproval Date: Z - CITY OF SANTEE By Regional Communication° System Council Approval Date: By APPROVED AS TO FORM AND LEGALITY COUNTY COUNSEL BY Deputy Counsel Approved and/or authorized by the Board of Superviacra of the County of S::n ':�J Diego j nate. s3lZ/� _....ut.F Order 1No.. ii2 Hie.)MAS,._ , y r! i DeoL•Fy CIarH March 7, 1995 Page 18 San °logo County- Imperial County. Regional CommunlcatbnsSystem Participating Agency Agreement IN WITNESS WHEREOF, the parties hereto do affix their signatures. CITY OF EL CAJON Council Approval Date: September 15, 1998 By Mayor Joan Shoemaker March 7, 1995 Page 19 3. Participating Agency Agreement San rbgo County- 6apc ialCounty Regional Communication SyriU IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF CORONADO Council Approval Date: December 7, 1999 By Title: Mayor, City of Coronado March 7, 1995 Page 20 Resolution No., G k9 S`% EXHIBIT} Participating Agency Agreement San Diego County -Imperial County Regional Communicstions System IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF ESCONDIDO Council Approval Date: '7/-5% 4'00 By Lori Holt Pfeifer Title: Mayor, City of Escondido March 7, 1995 Page 21 Participating Agency Agreement San Diego County. Imperial Coarrty Regional Communications System IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF LA MESA Council Approval Date: 0?3,d f By (f� , Ln Art Madrid Title: Mayor, City of La Mesa March 7, 1995 Page 22 San Vicgo Ccunry- Imperial County Regional Communications System Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF CHULA VISTA Council Approval Date: By SHIE LEY HORTON Title: Mayor, City of CHULA VISTA March 7, 1995 Page 23 RESOLUTION NO. 2004 — 216 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATING AGENCY AGREEMENT FOR THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modern, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Regional Communications System Participating Agency Agreement. Said agreement is on file on the Office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. Nicer ���j►��. 'Tr ATTEST: w Mic ael R. Daly City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO This contract is between the City of National City (City) and the County of San Diego (County) for use of the 800 MHz Regional Communications System (RCS). The City agrees to pay $887,714 to the County for full partnership in the RCS. The City will make a $500,000 lump -sum payment to the County on or before January 31, 2006. The remaining $387,714 will be fully amortized over seven years at an annual interest rate of 5.65%, to yield an annual payment of $68,592. Commencing on January 31, 2006, and on the 3lst of January of each subsequent year up to including January 31, 2012, the City shall pay $68,592 to the County. Notwithstanding the foregoing, the City shall be permitted to pay to the County the remaining un-amortized principal balance attributable to the initial $387,714 without penalty at any time prior to January 31, 2012. The City also agrees to participate in the RCS in accordance with the terms and conditions set forth in the RCS Memorandum of Agreement (Attachment A), with the exception of Section 17.1.2.2. Regarding the exception, City is not responsible for interest charges related to past financing costs specified in Section 17.1.2.2 of the RCS Agreement. APPROVAL: APPROVAL: County of San Diego City of National City Thomas J. Pastuszka Clerk of the Board of Supervisors Mayor, City of National City Date: $- 4>• 06 APPROVED AND/OR AUTHORIZED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DATE- 9,-.2 -c'S MINUTE ORDER NO' 't THOMAS J. PASTUSZKA CLERIC OF THE BOARD F SUPERVISORS DEPUTY Cl R Date: 0 Vol City of National City, California COUNCIL AGENDA STATEMENT ...EETING DATE August 4, 2009 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City Council of the City of National City approving an agreement with Wade and Associates for Construction Management Services for the National City Street Resurfacing Project, FY 09-10, in the amount not -to -exceed $104,865.00 and authorizing the Mayor to execute the agreement. (Funded through Gas Tax, Proposition "A", and Traffic Congestion Relief funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering Environmental Review X N/A MIS Approval Financial Statement Approved By: I/ lam`' Finance Director Funds are available in expenditure account numbers 109-409-500-598-6035 (Gas Tax), 307-409-500-598-6035 (Proposition "A"), and 345-409-500-598-6035 (Traffic Congestion Relief). Account No. STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISSIO RECOMMENDATION N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Proposal 3. Contract SPEC 09-09 CM Wade A-200 (Rev. 7103) :XPLANATION To complete the National City Street Resurfacing Project, FY 09-10, Specification No. 09-09, construction management services are needed for the day-to-day supervision of the project in the field. This project includes cold milling, asphalt rubber hot mix, type II slurry seal, remove and replace 2-6" asphalt, remove and replace unsuitable sub -grade, crack filling, remove and replace sidewalk, remove and replace curb and gutter, remove and replace driveway, remove and replace alley apron, remove and replace cross gutter, pedestrian ramps installation, adjustments of sewer manhole, survey monument to grade, the reinstallation of traffic loops, the replacement of all damaged traffic striping, providing project display signs, removal of cross -walks, removal and re -striping of center lines and angled parking, application of type 1 slurry seal over cross -walk removal areas, painting of center stripe on 14th Street, addition of truncated domes, grinding and placement of asphalt for Harbor Drive bike lane. Staff has requested from Wade and Associates to provide construction management services due to their familiarity with the scope of work from last year's slurry seal and resurfacing projects. The apparent lowest bidder's construction bid amount was for $1,272,720.00. Based on Nade and Associates' proposal of an amount not -to -exceed $104,865, the proposed cost of .;onstruction management services is acceptable. Therefore, staff recommends the approval of this resolution and contract to allow Wade and Associates to provide construction management services for the National City Street Resurfacing Project, FY 09-10. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WADE & ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 09-10, IN THE AMOUNT NOT -TO -EXCEED $104,865.00 WHEREAS, it is necessary for the City to retain the services of a consultant to provide construction management services for the National City Street Resurfacing Project, FY 09-10; and WHEREAS, Wade & Associates is a qualified construction management firm, and is willing to provide those services in the not -to -exceed amount of $104,865.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Wade & Associates for construction management services for the National City Street Resurfacing Project, FY 09-10, with a not -to -exceed amount of $104,865.00. PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, 111 City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WADE & ASSOCIATES THIS AGREEMENT is entered into this 4th day of August 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Wade & Associates, a project management company (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide project management services. WHEREAS, the CITY has determined that the CONSULTANT is a multi - disciplined and reputable project management company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY_ The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar, P.E., Principal Civil Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron Wade, Principal Project Manager, thereby is designated as the Project Director for the CONSULTANT. 4. -_COMPENSATION . AND -PAYMENT. The- compensation - for -- the - CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". Work to be started within 5 working days of Purchase Order date (notice to proceed). Work to be completed within 90 working days of start date. • 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications preparedly -the -CONSULTANT -shall relieve the CONSULTANT from -liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultant, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under 3 City s Standard Agreement — June 2008 revision similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary_to protect the CONSULTANT's employees and -members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against arty employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following_ employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY_ In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement — June 2008 revision CONSULTANT shall be liable to CITY for any damages caused by breach of this condition,_ pursuant to the provisions of Section -14, 15. INDEMNIFICATION AND HOLD HARMLESS. The 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 CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultants, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any Toss under said insurance_ Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement 5 City's Standard Agreement — June 2008 revision I. Insurance shall be written with only California admitted companies which hold a current policy _holders.alphabetic.and-financiatsize category rating of not less than A VHF according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 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 theCONSULTANTas provided-for-herein— D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans. Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Maryam Babaki, P.E. City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Phone: 619-336-4383 Fax: 619-336-4397 Email: Mbabaki@nationalcityca.gov Byron Wade 11320 Meadow View Road El Cajon, CA 92020 Phone: 619-244-3418 Fax: 619-588-5475 Email: Byronwadel@mac.com Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 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 CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. II If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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 8 City's Standard Agreement — June 2008 revision of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney KF:kf Wade & Associates (Gorpor;tien—sign ftwo-corporate officers) (Parincrship one signokwe) (Sole proprietorship — one signatke) By: (Print) (Title) 9 City's Standard Agreement - June 2008 revision EXHIBIT "A" 10 City's Standard Agreement - June 2008 revision Dear Din, WADE & ASSOCIATES PROJECT MANAGEMENT 656 Fifth Avenue, Suite W July 1, 2009 San Diego, California 92101 Din Daneshfar, Principal Civil Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Project Management Services for the City of National City, Street Resurfacing Project, FY09-10, Spec. No. 09-09 TEL (619) 244-3418 FAX (619) 794-0180 Byronwadel@mac.corn 1 am submitting this proposal per your request for a cost estimate to provide project management services for the design phase of the abovementioned project that will begin on July 28, 2009 and be complete on or about December 4, 2009. SCOPE As the project manager for this project I will work with the City of National City, their project inspector and the contractor to coordinate all aspects of the construction activities and public outreach, which includes: • Attend pre -construction meeting. • Process RFI's and submittals. • Review, negotiate, recommend and draft change orders for City approval as necessary. • Review and recommend invoices for payment. • Visit the construction as needed to assist in problem resolution. • Maintain a master construction file. • Take efforts as necessary and directed to communicate the construction activities to the general public. • Review certified payroll and maintain records. • Finalize the project per City policy and standards. See attached worksheet for cost breakdown. Thank you for this opportunity to serve the City of National City on this project. Sincerely, yr ITS. ade / 0 ner/ • rincipal Project Manager WADE & ASSOCIATES Fee Proposal/Cost Estimate for City of ,National City Resufacing Project FY 2009-2010 Specification 09-09 Estimated Hours: # Task Principal Project Manager Project Manager CAD Oper/ Admin. Assistant Survey Crew TOTALS 1 Project Management 380 280 60 90,480 2 Certified Payroll 24 136 12,848 Total Hours 404 280 196 Rates 150 105 68 TOTALS 60,600 29,400 13,328 - $ 103,328 Estimated Reimbursable Costs: # Item Type of Units Cost per Units Estimated number of Units TOTALS 1 B&W Copies/Prints 8 1/2" x 11" Each $ 0.20 80 16.00 2 Color Copies/Prints 8 1/2" x 11" Each $ 1.00 40 40.00 3 Full Size (D Sheets) Paper Each $ 15.00 - 4 Full Size (D Sheets) Mylars Each $ 30.00 - 5 CD Roms Each $ 5.00 1 5.00 6 Binder, 2" Each $ 22.00 - 7 Binder, 3" Each $ 26.00 6 156.00 8 Printing Flyers & Doorhangers (estimated) LS $ 1,200.00 1 1,320.00 Total Expenses Total Consulting Fee (above) Total Cost Estimate 1,537.00 103,328.00 $ 104,865.00 n10% Overhead fee will be charged to subcontracted expenses. Wade Principal Project Manager June 21, 2009 ACORDPD t--ODUCER CERTIFICATE OF LIABILITY INSURANCE aerri-Insurance-Brokerage -- 655 Granite Ridge Dr., #500 San Diego CA 92123 Phone: 858-571-9030 Fax :NSUPED Wade 6 Associates 656 Fifth Avenue Ste. W San Diego CA 92101 OAIE rNF,DI>rv•r- WADE6-1 05/20/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. -THIS -CERT4FICATE- DOESNOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OP ID SG 1 INSURERS AFFORDING COVERAGE NAIC # wsuueRA EarrangCon Casualty Company 41483 INSURER B. INSURER C INSURER O INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDJNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR 14UO'L....._.__.___... .__..._—.__ ... ..... ... __. ..-.POLICY EFFECTIVE POLICY EXPIRATION LIR INSRD TYPE OF INSURANCE POLICY NUMBER 'DATE (MMIDD/YYYYJ DATE (1iMIUO'YYYY) LIMNS GENERAL LIABILITY - EACH OCCURRENCE 3 1000000 A ICOMMERCIAL GENERAL LIABILITY 1680410224340 05/23/09 05/23/10 DAMAGE TO RENTED PREMISES (E.Iocc,rroccl 5300000 CI AIMS MADE X OCCUR MEDEXP(A, o,w Pe. o) S 5000 X Business Owners PERSONAL X.ADV tlINRY 31000000 I GENERAL AGGREGA rE. z 2000000 GEN,. AGGREGATE LSAT APPLIES PER -. ......_: PRO. 1 i POLICY 1 i JLCT i 1 C PR07UCIS , COQMP,CJP ACC.S 2000000 AULLNIDAILE LIABILITY COMBINEDSINGLE LIMIT $1000000 AN I Y AUTO (Ea aCYIUDNI 1 ALL OWNED AU 105 OODILY INJURY ----1 Woo Pnsml 4 SCHEDULED AUTOS A 1 X HIRED AUTOS I6804102M340 05/23/09 05/23/10 BOD LYIN,J°RY (Per acc,ePM( X� NON -OWNED AUTOS PROPERTY DAMAGE S "-- IPw xcnlPnU _ ' GARAGE LIA6ILITY - AUTO OWL Y- EA AGC•OENT -S ANY AUTO OTHER THAN EA ACC S I AUTO ON'_Y' AGG - S EKCESS I UMBRELLA LIABILITY EACH OCCURRENCE 4 OCCUR 1 '::LAIMS MADE AGGREGATE 4 4 1 DEDUCTIBLE . _.. RETENTION 5 - - S WORKERS COMPENSATION WC STAID 0Di- ER AND EMPLOYERS LIABILITY YIN TORY LIMITS ANYPROPRIETORIEXCLUORIEXECUTNE Ei EACH ACGDENT i O£nCEoeyal NH1ER £%CLUOEDT IMaAU>fOIY IN NHI - E.L. DSEASE - EA EMPLOYEE $ II xl,,,e a dL SPECW CiALt PROVISIONS LMow £ L DISEASE - POLICY LIMIT S OTHER A I6B04102M340 05/23/09 05/23/10 PROPERTY 5150 Dedt 500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES N EXCLUSIONS ADDEO BY ENDORSEMENT !SPECIAL PROVISIONS Certificate holder is named as additional insured as respects their interest. Blanket additional insured per the XTEND endorsement. Special form including theft. Business Income 12 months actual loss sustained. *10 day notice of cancellation in the event of non- payment CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City CA 91950 (CORD 25 (2009101I CITYNA4 SHOULD ANY OE THE ABOVE DESCRIBE° POLICIES BE CANCELLED BEFORE IRE EXPIRAIION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRIT FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OOLIGAIION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHO LED REPRESENTATN cj,f1s9,1p, J HVVII 91 -2 D rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) POLICY NUMBER: I -680 - 41.0211340-Acs-08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY, ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies irsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organtzatton; CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to Nobility arising out of your ads or omissions. CG T4 91 11 9e Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 AC CERTIFICATE OF LIABILITY INSURANCE OP ID SG WADE&-1 DATE (MMfDDNYYY) 07/29/09 PRODUCER Ahern Insurance Brokerage 9655 Granite Ridge Dr., #500 San Diego CA 92123 Phone-:-058-571-9030 Fax: 858-571-9010 INSURED Wade & Associates 656 Fifth Avenue Ste. I San Diego CA 92101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A. Farrington Casualty Company INSURER B. INSURER C. INSURER 0 INSURER E NAIL# 141483 COVERAGES THE ANY MAY POLICIES. MWt LTR POLICIES REQUIREMENT, PERTAIN, NSRD OF INSURANCE LISTED BELOW TERM OR CONDITION OF THE INSURANCE AFFORDED BY AGGREGATE LIMITS SHOWN MAY - - - - TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED ANY CONTRACT OR OTHER DOCUMENT THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID CLAIMS. - - -- -- - POLICY NUMBER NAMED ABOVE FOR WITH RESPECT IS SUBJECT TO ALL POLICY EFFECTIVE DATE (MMIOOTYYYY) THE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WI-BCH THIS CERTIFICATE MAY BE ISSUED OR THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY EXPIRATION GATE (MMIDDOYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 EACH OCCURRENCE DAMAGE PRPREMISESSRENTED (Ea occurence) $ ( CLAIMS MADE j OCCUR MED EXP (Any one person) $ PERSONAL AAOV INJURY GENERAL AGGREGATE $ $ GEM. AGGREGATE LIMIT APPLES PER: POLICY PJEIRO-.T LOG � r - PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE L IMIT (Ea accident) - BODILY INJURY (Per person) BODILY JURY (Per accident) $ __ _ PROPERTY DAMAGE (Per accrdenl) $ GARAGE --I LIABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG 4 EXCESS I UMBRELLA LIABILITY OCCUR l CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE 4 AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y I N ANY PROPRIETORlPARTNEWEXECUTIVE r—I OFFICER/MEMBER EXCLUDED? I 1 (Mandatory in NH) If yes, descrbe under SPECIAL PROVISIONS below ITUB5091M841 07/08/09 07/08/10 X TWO t O LIMITS ER E.L.EACHACCIDENT E.L DISEASE - EA EMPLOYEE $ 1000000 $ 1000000 E L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS r LOCATIONS : VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate issued for proof of coverage only. Waiver of Subrogation applies *10 day notice of cancellation in the event of non- payment CERTIFICATE HOLDER CANCELLATION CITYNA4 City of National City 1243 National City Blvd. National City CA 91950 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTOO ED REPRESENTATIVE An.6309 -2 05 garights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) TRAVELERS J WORKERS COMPENSATION -AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (ITUB-5091M84-1-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE . 500 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 LEGAL SERVICES DATE OF ISSUE: 06-09-09 STASSIGN: City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 4, 2009 AGENDA ITEM NO. 7 ITEM TITLE A Resolution of the City Council of the City of National City awarding a contract in the amount of $1,272,720.00 to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 09-10 and authorizing the Mayor to execute the contract. (Funded through Gas Tax, Proposition "A", Traffic Congestion Relief, Proposition "1 B", and General Funds.) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available in expenditure account numbers 109-409-500-598-6035 (Gas Tax), 307-409-500-598-6035 (Proposition "A"), 345-409-500-598-6035/6102 (Traffic Congestion Relief), 346-409-500-598-6035 (Proposition "1B"), and 001-409-500-598-6035 (General Funds). Account No STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMISSION RECOMMENDATION N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Summary for the three lowest bidders A-200 (Rev. 7/03) SPEC 09-09 K-A AWARD EXPLANATION The project consists of the repair of bituminous pavements in various locations within the City of National City by removing and replacing damaged asphalt, possible replacement of unsuitable sub -grade, if found, placement of Type I and Type II asphalt slurry, asphalt overlay with asphalt rubber hot mix, replacement of curbs, gutters, sidewalk, crosswalks, pedestrian ramps, alley apron, striping, legends, signs, and traffic loops. This project includes approximately 24,440 square feet of Cold Milling, approximately 1,838 tons of Asphalt Rubber Hot Mix, approximately 109,237 square yards of Type II Slurry Seal, approximately 6,018 tons of Remove and Replace 2-6" Asphalt, approximately 750 tons of Remove and Replace Unsuitable Sub -grade, approximately 109,237 square yards of Crack Filling, approximately 5,207 square feet of Remove and Replace Sidewalk, approximately 532 linear feet of Remove and Replace Curb and Gutter, approximately 1,759 square feet of Remove and Replace Driveway, approximately 728 square feet of Remove and Replace Alley Apron, approximately 240 square feet of Remove and Replace Cross Gutter, approximately 18 Pedestrian Ramps, approximately 39 Adjustments of Sewer Manhole, approximately 10 Adjustment of Survey Monument to grade, the reinstallation of approximately 101 Traffic Loops, the replacement of all damaged traffic striping, providing 12 30" x 30" signs, removal of approximately 18 cross -walks, removal and re -striping of center lines and angled parking, application of Type I Slurry Seal over cross -walk removal areas, painting of center stripe on . 4th Street, addition of approximately 2 truncated domes, approximately 30,816 square feet of grinding for Harbor View Bike Lane, and placement of approximately 300 tons of Asphalt for Harbor Drive Bike Lane. On July 2, 2009, this project was advertised in local newspapers inviting bids. On July 20, 2009, an optional pre -bid meeting was held. On July 28, 2009, ten (10) sealed bids were received, opened, and read to the public for the National City Street Resurfacing Project, Specification No. 09-09. The apparent lowest bidder was Koch -Armstrong General Engineering, Inc. Please examine the attached bid opening sheet for other bidder information. Staff has reviewed all the proposals and found the lowest responsive bidder, qualified to perform the work. In addition to the Financial Statement, the total cost of the project is estimated to be $1,700,000. This amount includes the construction bid price of $1,272,720.00 plus approximately 20% ($255,000) for contingencies, and approximately 10% ($130,000) for construction management, materials testing, inspection, and surveying services. Staff recommendation is to award the contract to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project. CALIFORNIA —* NATIONAL Ciry e (e INCORPORATES BID OPENING SPECIFICATION NUMBER: 09-09 PROJECT TITLE: NATIONAL CITY STREET RESURFACING PROJECT, FY 09-10 DATE: TUESDAY, JULY 28, 2009 TIME: 3:00 P.M. ESTIMATE: S2,120,000 PROJECT ENGINEER: KENNETH FERNANDEZ NO. BIDDER'S NAME (PAGE 15) BID AMOUNT (PAGE 17-18) ADDENDA (PAGE 15) BID SECURITY (PAGE 22- 1ECK 1. Koch -Armstrong Gen Eng, Inc. 15315 Olde Hwy 80 El Cajon, CA 92021 $1,272,720.00 #1 Rec'd Bond 2. ABC Construction CO, Inc. 3120 National Ave San Diego, CA 92113 $1,284,999.88 #1 Rec'd Bond 3. Frank & Son Paving, Inc. 1019 Third Ave Chula Vista, CA 91911 $1,307,426.11 #1 Rec'd Bond 4. Hazard Construction 6465 Marindustry Place San Diego, CA 92121 $1,385,333.14 #1 Rec'd Bond 5. SRM Contracting & Paving 7192 Mission Gorge Rd. San Diego, CA 92120 $1,396,000.00 #1 Rec'd Bond 6. Daley Corp. 5370 Eastgate Mall San Diego, CA 92121 $1,487,641.34 #1 Rec'd Bond 7. Sim J Harris, Inc. 9685 Via Excelencia Ste. 200 San Diego, CA 92126 $1,495,771.00 #1 Rec'd Bond 8 J.D. Paving, Inc. 1412 Barham Dr. San Marcos, CA 92078 $1,497,863.79 #1 Rec'd Bond 9. Portillo Concrete Inc. 3528 Harris St. Lemon Grove CA, 91945 $1,499,829.82 #1 Rec'd Bond 10_ Ramona Paving & Construction Corp. 1303 Olive St. Ramona, CA 92065 $1,521,682.70 #1 Rec'd Bond UI I Y Oh A I IUNAL l l I Y - tbIU aUtvuwMrcT PROJECT NAME: FIGURES CHECKED BY NATIONAL. CITY STREET RESURFACING PROTECT EY 09.13 SPECIFICATION 14' 1A.09 PROJECT NO C92C9 FILE NO. BID OATf. TIIESDA\', MTV SX, MIN ......_ ._._._.__ APPARENT LOW BmOER Kuclu/ArmsmAngGEn fog, In.. LOW BID AMOUNT. 51,272,7211 4) ENCINEEPS ESTIMATE' 62,120,1190 NO. ITEM IR 19 22 MOBILI2 ATION COLD MILLING ASPHALT RUBBER HOT MIX GAP GRADED AND AUIUST LITLITY CANS TYPES 11 SLURRY R&R AC1' DEPTH (DIG OUTS) R0R UNSUITABLE SUB.GRADE WITH CAB AND FABRIC CRACK FILLING AND WEED ABATEMENT RkR 377 SIDEWALK MR 62 CURB AND GUTTER R0R DRIVEWAY GI4, 6" PCC R515 ALLEY ARPON Gil, 6" PCC 8017 CROSS GUTTER C12, 6' PCC PED RAMPS G27-031 ADl SWRNIH TO GRADE RSD AD3 SURVEY M;1N. TO GRADE RSU REEL. ACE TRAFFIC LOOPS RESTRIPING OF STREET INCLUDING THERMOPLASTIC STREET MARKINGS, CURB MARKINGS. AND STREET TRAFFIC MARKERS SIGNS 1I 2 1')F NC 30" X 30' REMOVE %,WALKS (PER ATTACHMENT "E") REMOVE ATU RE -STRIPE CENTER LINE ,AND ANGLED o4RKING (PER ATTACHMENT'I>) TYPO I SLURRY OVER X-WALK REMOVAL AREAS PAINT CENTER STRIPE ON 14TH (PER A P(AC HM ENT "C") ADD TRUNCATED DOMES TO EXISTING PED RAMPS AT MARINA WAY k BAY MARINA DRIVE HARBOR DRIVE BIKE LANE 1 I/2" GRIND HARBOR DRIVE BIKE LANE I I/23 ASPHALT OVERLAY CHECKLIST ALL 5'ONATUHEo ARE AFFI%EC "APE $ AMOUNT OF BCNO ACDENDUOS TO BE AON310'N'EEDGE 4.xu0 SF 5)0 $24, 480.00 $ 26,, 1 12.4$0.00 S I.S 2.50000 12.50000 A0u'.I S 330.001 EA 400,110 58111100 $ 4411011 $ 8811110. 6 3 616 SF 0.50 515, 40801) 1' U 34 1 10,4774,, $ JOE TON 16500 64050000 1 9200 $ 276011001 11 $2 121 MU 75 1,272 720 LI Kenneth FernanCez 7/29/2009 nn 9A1n.,.�i till 11. 616.160031C0 1)SIHCAn. Pr1N1)LI!ECA ,s, 00Nn1 3E1.10491T V F1)12\11 01561 AIc1'RI U1'CLU51101 DISCIl)X'.'x[ I U111EV011915 1 V1156,I,11515 I I 2 1 3 A,. x. a.,,�.�,.�.e r:.., E1.v. 1,,.. +xr r„".�.,�.,1.��n,•ro. 0�. En.Fs<��„e,.1,�e, in.. AVERATE (3 LOWEST BIDDING Engineer's Estimate 1V17 111d,HA, FIA I' 11+1,'•<:A 14/2) 11211N.111:n+1 A•.., 511,(.5,0111 CONTRACTORS OUT OF A TOT41. QTY. UNIT 010,051,055 85(029dUg 61,5224122 OF In BIDDERS)_.. UNIT COST I TOTAL UMT COST TOTAL UNIT COST '. TOTAL LNIT COST TOTAL UNIT COST TOTAL 1_$ 1, OW 110 Si511r00I1'.1 1 1,241 5 71, 2J8 $ 21.IIn900 246JII SF 1150 $12. 220 0'.I 5 11 i4r. 1 8.1119 ,0 $ 1818 TON 175. 00 6321. 6500'1 $ I 3 $ 23, 836 30 $ 11`92, 175 $10110475 $ I'2 6 144 192"4 6 6018 106 16000 i962.880.0, 1 95'10 $ '71 7111;0 5 7<: TON 5000 137,5000. 1 30 000 40 $ 109. 2E7 SY 1.00 0109.2370E 5207 SF 600 541. 6561111 532 LF 481X) 925.536.00 1 759 SF 1200 0 . _. 728 SF 14 UO 240 SF 18,00 is LA 2,5031 00 39 FA 7$000 10 EA 80000 Iul EA 40000 $21,1118.00 $1019200 S4,320,00 $451100.011 $29,2$0 00 S8. 000 00 $40 400 00 022' $ ' 1 27. 00 00 $ I5. non 011 F 15)100110' 5 11 41) 4 4.770 n2) 5 96110 $ 176. 4411 1 v1 $ 1256 116. 54025 $ fiou 5 M137'AIR 0n 11 37 500 ' 4 11 501111' 5 34 053 84. $ $ 33 RL'I 47 1 T)81' 55 $ $50' $ 28),i h511 $ 23.40000 $ 76.Sd 9 1409600 1 171$02S $ 650$ 8 008 1 0' $ 7 001 $ 492000 $ 750 $ 3798000 $ 212000, 11 4I. 76;100, 5 7 R11OJ111 $ 314. 001 F 11. 02 00. 6 5,000 '.1n 1 133.00 $ 2:,1i 011. 4 211. R06.00 $ 2:10001 E 20. 2011111I' $ 1653740 6 16. 55749 030 $ 7,322611; 1 n11 $ 8.47253 9101111 107.25802), $ v9l7 5 18318711 13,'. 5 147 469 S5 5 9E LO 1 5897641/11 $ 90,0 5 74 250110 $ )-': 11 5 47251100 056. 1 61.172 /2 $ 040 6 41330 L8 50 5 28,638 111 $ 0 22 1 32.3'0 18 6 $0 1 3.468 00. S 25 37 1 11.654 fit 11 437 Co 1 7 58 5 13.339 08 31 R 142.73E35 4,712.00 6 8 17 5 5,945 33 I,560. 00 $ II 50 i 2. 76000 2,4001101 5 47,200 2 )) $ '_27A 67. 5 40980110 70000 5 271111.00 6 41133 5 16.04200I 4511110 $ 4,500. Un $ 501011 5 3.6.111110 220 00 $ 22.220. 00. $ no 67 9 21.005 33 6 50 $ fi 5O 5 0 $ 115 5000000 1150, 011000 5 38/60011 S 17,5011110 $ 1750'01'i0. 1 10111/ 1)) 5 18.00000 5 18.05131 $ 38053.23 12 EA 500 00 96.000 0n 120. 0,, 1442) 46 1 235 00. 1 2 820 1101 11 18 F,9 3,500,33 563,000.00 $ 330I2 $ 9900S2 $ 52500 $ 4 453 011 / $ LS 15,000 On $15,n0001) 5 1.4 ,/ 1 34''0. J31 $ 3211i: 00, $ 3.209 E0 $ n 28 1 I 1-4 00. $ 575011' $ 200110 5 I Muunu $ 30000 $ 3,60000 $ 21y33 F 2.62000 600.00 $ I0.80Up0 $ __R 33 $ 10.050. UO 3.500 00 $ 3.500.00 $ 3 370 OU 1 3.370 00 149 $ 6.91, 00 $ 144. $ 9926 00 NM 00 $ 700110 A 27607 $ 27667 40100 $ 800 011 6 471 67' $ 94131 L.34 $ 10.-77 Jn $ 5 961$E8 79 00 1 21.700 00 1 84 fi7. 1 25.400 00 5 1,307,426.1 1 5 1 2$R l92 00 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $1,272,720 FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 09-10, WHEREAS, the Engineering Department of the City of National City did, in open session on July 28, 2009, publicly open, examine and declare eight sealed bids for the National City Street Resurfacing Project, FY 09-10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project, FY 09-10 to: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Koch -Armstrong General Engineering, Inc. and the City of National City in the amount of $1,272,720 for the National City Street Resurfacing project, FY 09-10. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO. 8 (ITEM TITLE Resolution of the City Council of the City of National City Approving a Negative Declaration and a 7- Lot Residential Tentative Subdivision Map Including Requests for Exceptions for Lot Size, Lot Width, and Street Frontage, a Variance Request for 3-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) (Case File No. 2007-59 S, IS, Z) PREPARED BY Peggy Chapin 1436-4319 DEPARTMENT Development Services/Planning EXPLANATION The City Council conducted a public hearing on July 21, 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 and the changes proposed by the developer since the prior public hearing. The Council approved the proposed development with the changes proposed by the applicant. 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 re BOARD / COMMISSION R MMENDATION The Planning Commission recommended denial of the proposed development on April 6, 2009. ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND A 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 A 0.71-ACRE SITE AT 2121 GROVE STREET. APPLICANT: ARNOLD SCHMIDT. CASE FILE NO: 2007-59 S, IS, Z APN: 561-380-24 WHEREAS, application was made for approval of a Negative Declaration and 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, California, 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, Resolution No. August 4, 2009 Page2of10 WHEREAS, subsequent to the action of the Planning Commission, the applications were scheduled for a public hearing before the City Council on May 5, 2009; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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, California that this action is based upon the testimony and evidence presented to the City Council at the public hearings held on May 5, 2009, June 16, 2009, and July 21, 2009. At said hearings, the City Council received public testimony and evidence, and at the conclusion of the July 21 hearing, approved the Negative Declaration and Tentative Subdivision Map with exceptions, variance, and waiver of undergrounding based on the following findings: SEVEN LOT TENTATIVE SUBDIVISION MAP 1. The proposed map will not have a significant effect on the environment since the site is currently developed and is located within a fully urbanized area. 2. The proposed map is consistent with many of the goals of the National City General Plan and Housing Element, since the General Plan/Zone designation for the site, Single -Family Extendible - Planned Development, RS-3-PD, provides for the creation of single-family homes and the project is consistent with General Plan Housing Element goals, including the creation of housing opportunities, promotion of a higher rate of homeownership (Policy X, pp. 26), and production of moderate and middle income ranges to allow mobility in housing supply (Policy S, pp 25)). 3. The site is physically suitable for the proposed type of development, since the project would include seven single-family homes with adequate parking and open space, in an urbanized, developed area, and since there are no unusual geologic hazards on -site. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since the project is located within existing public facilities and public services service area and therefore, all necessary public services would be available and provided upon completion of the proposed project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the Resolution No. August 4, 2009 Page 3 of 10 proposed subdivision, since any easements located on the site will be relocated by condition of approval and new casements for public utilities and access would be created with the recordation of the final map. 7. The discharge of waste from the proposed seven residential units into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. EXCEPTIONS FOR LOT SIZE, FRONTAGE AND WIDTH, AND INCREASE DENSITY FROM SIX UNITS TO SEVEN UNITS 1. The property to be divided is of such size or shape, that it is impossible or impracticable in this particular case to conform fully to the subdivision requirements, since the 0.71 acres parcel is of a configuration that limits the ability to provide minimum lot widths due to the existing frontage on Grove Street, the narrow frontage on Prospect Street requires constructing a private access, and since the proposed development is consistent with the development pattem of the surrounding residential lots. 2. The exceptions would not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since the proposed subdivision provides for access, parking, utilities, and other required amenities for the seven proposed residential parcels within the site, as required by the Land Use Code. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan and Housing Element encourage the creation of home ownership opportunities which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. 4. The proposed increase in density from 8.7 dwelling units per acre to 9.85 dwelling units per acre would not have a specific adverse impact upon the surrounding community since the neighborhood consists of a variety of housing types including multi -family development, the proposed units are detached and reflect single-family homes, and the proposed development is meets the design criteria of the City's design guidelines. Resolution No. August 4, 2009 Page 4 of 10 VARIANCES FOR FRONT YARD SETBACK FOR LOTS 1 — 4, SIDE YARD SETBACKS FOR LOTS 2 — 4, AND THREE STORY UNITS FOR LOTS 6 & 7 1. The proposed variance for reduced front yard setbacks for lots 1 — 4 is requested due to the steep slope along Grove Street and strict adherence to the front yard setback would result in increased grading, wall heights, and reduced rear usable rear yards which would deprive the property owner to develop the property in a similar manner of surrounding properties and since adequate parking would be provided within the two -car garage for each unit, parking is available across the street, and there is adequate driveway depth to accommodate a standard vehicle, the requested variance would not have an adverse impact on surrounding properties. 2. The proposed variance for reduced side yard setbacks for lots 2 — 4 is requested to provide for detached single-family residential development consistent with the neighborhood and the R-3- PD zoning and the project design allows for maintaining standard five foot side yard setbacks on the north and south property lines to meet minimum side yard setbacks and provide adequate distance from existing development. 3. The proposed variance for three story units on lots 6 and 7 is requested to allow for adequate open space on each of the parcels which are restricted due to the shared private roadway to provide access thereby reducing open space opportunities and since the three story units would not have a substantial adverse impact on surrounding properties as overviewing would be minimized since landscaping would be installed along the northern property line. WAIVER FOR UNDERGROUNDING FOR UTILITIES FRONTING PROSPECT STREET NOT SERVICE THE PROJECT 1. The waiver to underground existing utilities fronting on Prospect Street would not be detrimental to the public health,' safety, or welfare or be detrimental to the use of other properties in the vicinity as the area is already developed, existing utility poles are prevalent in the surrounding area, the utilities serving the development will be located underground from Grove Street, and the removal of the pole on Prospect may result in installation of additional poles in the area, thereby waiving the undergrounding along the property boundaries of Prospect Street would not result in a visual degradation of utilities nor reduce the number of utility poles in the area. 2. The waiver to underground existing utilities would not result in decreased property valuation as there is not a comprehensive plan to underground utilities within the general area and the undergrounding to be completed on the project site during the development would serve to improve the property values in the area. NEGATIVE DECLARATION Resolution No. August 4, 2009 Page 5 of 10 1. That the Negative Declaration, Case No. 2007-59 IS, has been prepared to address all potential environmental impacts and considered together with any and all comments received during the public review process and it has been determined that significant environmental impacts would not occur upon construction of the proposed seven residences. 2. Based on the environmental analysis conducted to assess potential environmental impacts, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings herein before stated, the City Council hereby recommends approval of said Negative Declaration and 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 on the west side of Grove Street, addressed as 2121 Grove Street, subject to the following conditions: General 1. This Tentative Subdivision Map authorizes the subdivision of one parcel into seven (7) lots for the development of 7 detached single-family residences. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits dated March 16, 2009 or as approved pursuant to the action of the City Council, Case File no. 2007-59 S, IS, Z. 2. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. Planning Division 3. Within four (4) days of final approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 4. Before this Subdivision shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is Resolution No. August 4, 2009 Page 6 of 10 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 Subdivision are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Planning Director prior to recordation. 5. A detailed landscape and underground irrigation plan, including plant species, sizes, methods of planting, street trees, etc. shall be submitted for review and approval by the Planning Division prior to the issuance of grading permits for the site. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for all hardscape on -site, a 5 foot high wood fence between each residence and along the northern and southern boundaries of the project site, and dense landscaping along the northern property line to screen the proposed units from the existing units to retain privacy. 6. To reduce the potential effects of elevated levels of ambient noise from the adjacent I-805 freeway, the applicant shall provide a noise study prepared by a licensed acoustic engineer to indicate appropriate building methods and features required to reduce interior noise levels to below a 45dBA level, as required by Section 1207.11 of the 2007 CBC, as adopted by the City of National City. This study shall be submitted with the building plans and approved by the Building Official prior to the issuance of any building permits for the site. 7. If the entire site cannot be served by the utilities fronting on Grove Street and service would be provided to any or all of the units from Prospect Street, the utility service shall be installed underground. 8. Prior to recordation of the Final Map, the existing residence shall be relocated so that the structure does not extend over proposed property lines for individual parcels or the existing structure shall be demolished prior to Final Map Recordation. The existing storage/accessory buildings shall be demolished prior to recordation of the Final Map unless approved by the Planning Division. Building Division 9. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 10. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Fire Department 11. The project shall be designed, developed and constructed in compliance with the California Fire Code (CFC) edition in effect at time of building permit issuance, the most current National Fire Protection Association (NFPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. Resolution No. August 4, 2009 Page 7 of 10 12. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 13. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Firc Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 14. The developer shall submit, to the Fire Department, a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Marshall that additional improvements are needed, the developer shall enter into an agreement for the water improvements with Sweetwater Authority prior to obtaining the final map approval. Engineering Division 15. The creation of a 20-foot wide easement for both utilities and ingress/egress for the benefit of lots 5, 6, and 7 from Prospect Street will be required. The easement shall be created on the final map. A maintenance agreement for the road and utility easement between Lots 5 - 7 shall be prepared and approved by the City Attorney and recorded with the Final Map. 16. Easements for drainage, utilities, and building maintenance access to lots 2, 3, and 4 with zero side yard setbacks for the benefit of each parcel shall be provided on the final map. A maintenance agreement for drainage, sewer, water facilities and building maintenance for lots 1 through 4 shall be prepared and approved by the City Attorney and recorded with the Final Map. 17. Easements for drainage, sewer and water, if determined necessary by the City Engineer, from and across lots 1 — 4 for the benefit of lots 5 — 7 shall be provided on the final map. A maintenance agreement for drainage, sewer, and water facilities be prepared and approved by the City Attorney and recorded with the Final Map. 18. The existing 12-foot wide Sweetwater Authority easement across the center of the property shall be vacated by the owner, at their expense. Proof of the quitclaim or a letter from SWA stating removal of the easement is not necessary must be submitted to the Engineering Department prior to issuance of any grading or building permits. 19. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any Resolution No. August 4, 2009 Page 8 of 10 additional run off. All Hydrology study findings and recommendations are part of Engineering Department's requirements. 20. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storrn Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 21. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 22. All surface run-offs shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 23. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Division. 24. A sewer permit shall be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 25. A soils engineering report shall be submitted for the Engineering Division's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building Resolution No. August 4, 2009 Page 9 of 10 pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. "The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Division requirements. 26. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 27. Street improvements shall be completed in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 28. A title report and grant deed shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 29. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 30. The final subdivision map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 31. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, unless the City Council approves a request to waive the undergrounding request for utilities fronting on Prospect Street that do not serve the project. All services to the project site shall be placed underground. 33. The final map shall be recorded prior to issuance of any building permits, however, if it is determined, based on a revised tentative subdivision map prepared by a licensed Civil Engineer that any or all of the existing structures would extend over the newly created parcel lines, these buildings shall be removed and/or relocated with appropriate building permits prior to recordation of the final map. 34. All new property line survey monuments shall be set on private property, unless otherwise approved by the Engineering Division. Resolution No. August 4, 2009 Page l0 of l0 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. PASSED and ADOPTED this 4TH day of August, 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 ...EETING DATE Aug 4, 2009 AGENDA ITEM NO. 9 ITEM TITLE ITarran -egis er or e pesoo Amount of $2,580,407.66 PREPARED BY D. Gallegos -Finance EXPLANATION roug DEPARTMENT Finance Jeanette Lad 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 07/01/09 through 07/07/09. rn e The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Pacific Municipal County of SD Health Net Kaiser Health Koch Armstrong Nat'l Elementary School District Check# Consultants 227749 227847 227880 227893 227897 227918 Amount 50,000.00 956,683.00 69,340.42 134,079.93 71,765.50 55,099.00 Explanation Eco Dev Program Pass Through Payment Health Ins -Jul 09 Health Ins -Jul 09 Side walk 4th&M AB1290 Tax Sharing Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,580,407.66 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register#1 ATTACHMENTS (Listed Below) Resolution No A-200 (Rev. 9/80) 1/4 PAYEE CHAMPION CHEMICAL CO. CORPORATE EXPRESS/STAPLES DIXIELINE LUMBER CO. HAASC HOME DEPOT/GECF KLEINFELDER, INC. MAINTEX, INC. N C CHAMBER OF COMMERCE PACIFIC MUNICIPAL CONSULTANTS PRUDENTIAL OVERALL SUPPLY RIDLEY SAN DIEGO DAILY TRANSCRIPT SAN DIEGO TROLLEY INC SMART & FINAL STRATACOM URBAN FUTURES VERONICA TAM & ASSOCIATES DN INTERNET PROVIDERS A PAINT wAUE & ASSOCIATES XEROX CORPORATION ALLIANT INSURANCE SVCS INC ACEDO AIRGAS-WEST ALL POINTS PUBLIC FUNDING, LLC ALL THE KINGS FLAGS ALLEN AMERICAN ROTARY BROOM CO., INC AMERICAN ROTARY BROOM CO., INC AT&T/MCI AT&T/MCI AT&T/MCI AT&T/MCI AUSTIN DOORS BANK OF AMERICA BOOT WORLD BORUNDA BOYD BROADWAY AUTO ELECTRIC BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS CAPF REED JR FORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CARRERA'S AUTO DETAIL CITY OF CHULA VISTA INCORPORATED WARRANT REGISTER 41 7/7/2009 DESCRIPTION 12 QUARTS/CASE READY TO USE OFFICE SUPPLIES MOP 45707 PAINT SUPPLIES - CD ANNUAL MEMBERSHIP BRASS COMPRESSOR KIT MATERIAL TEST @ BAY MARINA SPEC 08-13 NEW RIGHT GRAFFITI REMOVAL ECO DEV PROG JUL/OCT08 & JAN/APR09 ENTERPRISE ZONE EXT EIR MOP 45742 UNIFORMS - CD REIMB - HUD TRAININGS ADVERTISING RFQ 8TH ST FLAGGING SERVICES MOP 45756 STORE MISC - CD MOP 63845 BUSINESS CARDS CONT DISC DISSEMINATION SVCS IDIS FY 06/07 APRIL SVCS INTRANET DESIGN MOP 68834 PAINT SUPPLIES - CD RESURFACING PHASE 111, SPEC 08-8 S8 LEASE PAYMENT - MAY 2009 SPECIAL EVENT INS APR - JUN 09 RETIREE HEALTH BENEFITS - JULY 09 MOP 45714 035 X 33# SPOOL E7OS NEW FIRE TRUCK#2 LEASE PMT#17 FLAGS RETIREE HEALTH BENEFITS - JULY 09 MOP #62683 SWEEPER REPAIRS SWEEPER REPAIRS PHONE SERVICE 05/13 - 06/12/09 TELEPHONE SVC 06/07 - 07/06/09 PHONE XXX-8857 MAY 2009 PHONE XXX-6508 APR 2009 REPAIR ENTRANCE DOOR CREDIT CARD EXP - FINANCE MOP #64096 SAFETY BOOTS (R GIBBS) 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS - JULY 09 MOP #72447 HI OUTPUT 6G ALT ELECTRICAL PARTS LEFT DOOR GLASS W/BRACKETS FIRE/LTD JULY 2009 RETIREE HEALTH BENEFITS - JULY 09 MOP #45698 SPIDER BOX PD/LTD JULY 2009 REFUND OF C & D AMOUNT MAY 2009 SERVICES CHK NO DATE AMOUNT 227792 7/7/09 380.31 227793 7/7/09 613.76 227794 7/7/09 130.67 227795 7/7/09 50.00 227796 7/7/09 107.00 227797 7/7/09 3,597.38 227798 7/7/09 788.49 227799 7/7/09 50,000.00 227800 7/7/09 2,418.38 227801 7/7/09 53.36 227802 7/7/09 268.20 227803 7/7/09 93.00 227804 7/7/09 159.37 227805 7/7/09 76.25 227806 7/7/09 35.12 227807 7/7/09 1,950.00 227808 7/7/09 157.50 227809 7/7/09 12,350.00 227810 7/7/09 483.41 227811 7/7/09 20,990.00 227812 7/7/09 443.23 227813 7/7/09 116.15 227814 7/7/09 160.00 227815 7/7/09 27.19 227816 7/7/09 19,613.22 227817 7/7/09 1,474.27 227818 7/7/09 125.00 227819 7/7/09 659.73 227820 7/7/09 616.36 227821 7/7/09 9,404.86 227822 7/7/09 2,525.31 227823 7/7/09 761.36 227824 7/7/09 152.35 227825 7/7/09 1,322.43 227826 7/7/09 287.07 227827 7/7/09 125.00 227828 7/7/09 250.00 227829 7/7/09 145.00 227830 7/7/09 212.06 227831 7/7/09 407.81 227832 7/7/09 196.58 227833 7/7/09 592.00 227834 7/7/09 1,123.93 227835 7/7/09 1,408.61 227836 7/7/09 1,735.50 227837 7/7/09 70.00 227838 7/7/09 393.00 PAYEE CITY OF NATIONAL CITY CONDON COPY POST PRINTING COPY POST PRINTING COPY POST PRINTING COPY POST PRINTING CORPORATE EXPRESS/STAPLES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CROSSROADS SOFTWARE, INC. CUMMINS CAL PACIFIC, LLC DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DEFRATIS DELL MARKETING CORP DELTA DENTAL DICERCHIO DISCOUNT SCHOOL SUPPLY DIXIELINE LUMBER CO. DOKKEN ENGINEERING DREDGE DREW FORD ELESCO ELIZABETH'S FLOWERS ESGIL CORPORATION EWERT, PHILLIP FERGUSON ENTERPRISES, INC FLEET SERVICES, INC FLINT TRADING, INC. FON-JON KENNELS GARDNER & ASSOCIATES GEORGE H WATERS GORMSEN APPLIANCE CO GRAINGER GTC SYSTEMS INC H&E EQUIPMENT SERVICES HANSON HD SUPPLY HD SUPPLY HEALTH NET HEALTH NET HEALTH NET HEARTLAND COMM. FAC. AUTHORITY HOLLOWAY HONEYWELL INC. INCO&PoR ATED WARRANT REGISTER #t 1 7/7/2009 DESCRIPTION AB1290 TAX SHARING DIST 1-8 FY09 RETIREE HEALTH BENEFITS - JULY 09 STATE OF THE CITY POST CARDS ADDRESS PROGRAMS AND SIGNS STATE OF THE CITY POSTERS PERSNL STATE OF THE CITY INVITES MOP 45704 OFFICE SUPPLIES - CS PERMIT COSTS - HAZ MAT PASS THROUGH PAYMENT FY09 AB1290 TAX SHARING DIST 1-8 FY09 GIS BASED TRAFFIC COLLISION DATA BASE LABOR/PARTS MOP #45749 REPAIRS TO BRACKET TIRES FOR CITY FLEET LABOR TO REMOVE 31 MP750 MODEMS RETIREE HEALTH BENEFITS - JULY 09 INV XD8F8DJT2 30" ULTRASHARP DENTAL INS JULY 2009 RETIREE HEALTH BENEFITS - JULY 09 24 X 24 HOUSEKEEPING TABLE BLUE MOP #45707 28V HAMMER -DRILL KIT MAY 2009 SERVICES SPEC 99-9 RETIREE HEALTH BENEFITS - JULY 09 MOP #49078 CUPHOLDER SERVICE & PARTS FLOWER ARRANGEMENTS -CITY ADD PLAN CHECKING SERVICES OF BLDG RETIREE HEALTH BENEFITS - JULY 09 MOP #45698 PLUMBING MATERIAL MOP #67804 GREASE CAPS SIGNS D 8 YIELD/STOP/WHITE LINE KENNEL FEES FOR POLICE K9'S JUNIOR STICK -ON BADGES, PAPER NU20090603 BREAKFAST/LUNCH-PANEL APPLIANCE PURCHASES FOR BLDGS MOP365179 THERMOMETER CASE PROFESSIONAL NETWORK SERVICES RETROFIT ENGINE TO GENERATOR RETIREE HEALTH BENEFITS - JULY 09 PLUMBING MATERIAL OVER COUNTER PLUMBING MATERIAL HEALTH INS H0067A JULY 2009 HEALTH INS JULY 2009 57135J HEALTH -FULL NETWORK 57135A ENROUTE FY08-09 PROJECTED COST RETIREE HEALTH BENEFITS - JULY 09 MECHANICAL MAINTENANCE 2/4 CHK NO DATE AMOUNT 227839 7/7/09 40,722.00 227840 7/7/09 280.00 227841 7/7/09 1,100.65 227842 7/7/09 680.20 227843 7/7/09 375.19 227844 7/7/09 42.00 227845 7/7/09 281.08 227846 7/7/09 733.00 227847 7/7/09 956,683.00 227848 7/7/09 47,440.00 227849 7/7/09 33,570.00 227850 7/7/09 1,246.41 227851 7/7/09 80.88 227852 7/7/09 9,236.30 227853 7/7/09 9,051.22 227854 7/7/09 120.00 227855 7/7/09 4,499.57 227856 7/7/09 14,368.4 227857 7/7/09 70.0 227858 7/7/09 236.55 227859 7/7/09 2,088.40 227860 7/7/09 10,586.53 227861 7/7/09 250.00 227862 7/7/09 94.92 227863 7/7/09 250.00 227864 7/7/09 1,020.65 227865 7/7/09 22,047.94 227866 7/7/09 160.00 227867 7/7/09 491.06 227868 7/7/09 65-94 227869 7/7/09 629.85 227870 7/7/09 362-95 227871 7R/09 704.48 227872 7/7/09 414.35 227873 7/7/09 289.00 227874 7/7/09 1,808.09 227875 7/7/09 16,735.10 227876 7/7/09 23,142.35 227877 7/7/09 135.00 227878 7/7/09 660.68 227879 7/7/09 395.98 227880 7/7/09 69,340.42 227881 7/7/09 1,092.2. 227882 7/7/09 11,811.; 227883 7/7/09 1,203.71 227884 7/7/09 150.00 227885 7/7/09 520.44 PAYEE HUNTER'S NURSERY INC. IKON OFFICE SOLUTIONS INDUSTRIAL COATING AND INFRASTRUCTURE ENGINEERING JAMES JC TOWING JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE KLEINFELDER, INC. KOCH ARMSTRONG GENERAL KOLANDA LASER SAVER INC LEXIS-NEXIS LEXIS-NEXIS LOPEZ MAN EDUCATION SERVICES NTEX, INC. MAN K-9 INC. MARSHALL MUSIC MATI E NZO MCCABE METRO FIRE & SAFETY METROPOLITAN WATER DISTRICT MJC CONSTRUCTION MORE DIRECT MURRAY MYERS NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NATIONAL ELEM SCHOOL DISTRICT NATIONAL FINANCIAL SERVICES NOSAL, WILLIAM A. OLIVER PRODUCTS COMPANY ORIENTAL TRADING, CO., INC. OSI BATTERIES INC. PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PARRAULT PARTS PLUS AUTOSTORE #711 SY PRODUCTIONS RENTALS IU PDSI PE PERRY FORD INCORPORATED WARRANT REGISTER # 1 7/7/2009 DESCRIPTION MOP #45719 PLANTS COPIER MAINTENANCE/BILLINGS BALANCE FROM INVOICE #1 PERFORM AN INFLOW/INFILTRATION RETIREE HEALTH BENEFITS - JULY 09 MOP #68862 TOWING MOP #69277 PLAYGROUND MULCH KAISER INS ACTIVE JULY 2009 KAISER RET INS JULY 2009 RETIREE HEALTH BENEFITS - JULY 09 SLURRY SEAL SPEC 07-3 COUNTY SIDEWLK/4TH &M , SPEC 08-4 RETIREE HEALTH BENEFITS - JULY 09 MOP 45725 TONERS - PLANN ONLINE CHARGES FOR APRIL 2009 ONLINE CHARGES FOR MAY 2009 TRANSLATION SERVICES - 06/16/09 COMMON PITFALLS OF CERT OF INS MISC JANITORIAL SUPPLIES MAINTENANCE TRAINING - JUNE 2009 NATIONAL CITY CONCERT BAND RETIREE HEALTH BENEFITS - JULY 09 RETIREE HEALTH BENEFITS - JULY 09 ANNUAL FIRE EXTINGUISHER AB1290 TAX SHARING (DIST 1-8) FY09 KIMBAL PARK MODIFICATION SPEC 07-66 INV 1813450 ACCESS POINT ANTENNA RETIREE HEALTH BENEFITS - JULY 09 RETIREE HEALTH BENEFITS - JULY 09 MOP #45735 BELT CAR WASHES FOR CITY FLEET MOP #66556 PARK DIVISION NAME PLATE AB1290 TAX SHARING (DIST 1-8) FY09 ANNUAL CUSTODY COST RETIREE HEALTH BENEFITS - JULY 09 HOME DELIVERY TRAYS 1 RL- ROCK STAR STICKERS MOTOROLA XTS3000/5000 3600 MOP #72448 ENGINE, MAIN SERVICE, #277 JANITORIAL SUPPLIES REFUND OF C&D AMOUNT MOP #64946 DISC BRAKE PAD SET PARTY RENTAL SUPPLIES RETIREE HEALTH BENEFITS - JULY 09 TELESTAF ANNUAL SVCS & SUPPORT 125 PLAN REIMBURSEMENT LABOR, MAINTENANCE SERVICE 3/4 CHK NO DATE AMOUNT 227886 7/7/09 951.81 227887 7/7/09 361.09 227888 7/7/09 9,031.48 227889 7/7/09 19,286.57 227890 7/7/09 140.00 227891 7/7/09 35.00 227892 7/7/09 1,691.17 227893 7/7/09 134,079.93 227894 7/7/09 6,536.97 227895 7/7/09 300.00 227896 7/7/09 485.00 227897 7/7/09 71,765.50 227898 7/7/09 135.00 227899 7/7/09 640.02 227900 7/7/09 415.14 227901 7/7/09 415.14 227902 7/7/09 300.00 227903 7/7/09 181.95 227904 7/7/09 1,470.94 227905 7/7/09 800.00 227906 7/7/09 266.75 227907 7/7/09 100.00 227908 7/7/09 280.00 227909 7/7/09 831.91 227910 7/7/09 897.00 227911 7/7/09 14,820.00 227912 7/7/09 18,749.99 227913 7/7/09 150.00 227914 7/7/09 140.00 227915 7/7/09 141.43 227916 7/7/09 85.00 227917 7/7/09 17.01 227918 7/7/09 55,099.00 227919 7/7/09 30.00 227920 7/7/09 1,065.60 227921 7/7/09 1,472.00 227922 7/7/09 126.31 227923 7/7/09 231.48 227924 7/7/09 600.40 227925 7/7/09 472.80 227926 7/7/09 159.25 227927 7/7/09 39.53 227928 7/7/09 1,071.85 227929 7/7/09 340.00 227930 7/7/09 3,539.55 227931 7/7/09 404.00 227932 7/7/09 1,220.00 PAYEE POTTER POWERSTRIDE BATTERY CO INC PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY R.J. SAFETY SUPPLY RAY RELIANCE STANDARD ROJAS ROMAN'S TRUCK BODY & PAINT RON BAKER CHEVROLET RUIZ S.D. COUNTY SHERIFFS DEPT. S.D.COUNTY OFFICE OF EDUCATION SAM'S ALIGNMENT SAN DIEGO SPORTS MEDICINE SD COUNTY WATER AUTHORITY SDG&E SEARCHLIGHTS OF SAN DIEGO SHOEMAKER SHORT, CRAIG SILVA SNAP -ON INDUSTRIAL SOUTH BAY WINDOW & GLASS CO SOUTHWESTERN COMMUNITY COLLEGE SSD SYSTEMS SWEETWATER UNION HIGH SCH DIST THE ENGRAVING STORE THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THOMSON REUTERS/BARCLAYS UNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIALTIES VWR' WATERLINE TECHNOLOGIES WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIETLOW, DAVID SECTION 8 HAPS PAYMENTS a INCORroR ATED WARRANT REGISTER # 1 7/7/2009 DESCRIPTION RETIREE HEALTH BENEFITS - JULY 09 MOP #67839 D750U YELLOW, PS31-950S BLACK GRIP PLATES/HOLSTERS MOP #45742 UNIFORMS - FACILITIES COOL OFF BANDANA, GLOVES RETIREE HEALTH BENEFITS - JULY 09 VTL JULY 2009 125 PLAN REIMBURSEMENT LABOR. REPAIRS, REFINISH MOP #45751 SWITCH RETIREE HEALTH BENEFITS - JULY 09 USE OF SHERIFF'S RANGE FOR SWAT AB1290 TAX SHARING (DIST 1-8) FY09 MOP #72442 WHEEL ALIGNMENT, #472 (40) EXAMS FOR FIRE DEPARTMENT AB1290 TAX SHARING (DIST 1-8) FY09 FACILITIES DIVISION 4 BEAM SKY - TRACKER 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS - JULY 09 125 PLAN REIMBURSEMENT COMBO WRENCH JWH1178A 30 1/4 X 81 1/4 GLASS WINDOW AB1290 TAX SHARING (DIST 1-8) FY09 LABOR FOR CABLE IN DISPATCH AB1290 TAX SHARING (DIST 1-8) FY09 OFFICER OF THE YEAR AWARD-HARLAN MOP #45726 STROBE LIGHT LIFE & AD&D STD LTD JULY 2009 ANNUAL RENEWAL OF FPPC NATIONAL CITY CONCERT BAND MOP #46453 ERICKSON CRAWL HEAD CAB INV 38138562/38143830 FIBERLITE MUNICIPAL POOL CHEMICALS MOP #63850 CORRUGATED RUBBER MATTI MOP 45763 COMP SUPPLIES - MIS RETIREE HEALTH BENEFITS - JULY 09 Start Date End Date 7/1/2009 7/7/2009 4/4 CHK NO DATE AMOUNT 227933 7/7/09 150.00 227934 7/7/09 357.95 227935 7/7/09 5,726.04 227936 7/7/09 • 534.84 227937 7/7/09 367.03 227938 7/7/09 190.00 227939 7/7/09 2,309.14 227940 7/7/09 324.07 227941 7/7/09 7,113.95 227942 7/7/09 16.67 227943 7/7/09 310.00 227944 7/7/09 500.00 227945 7/7/09 4,051.00 227946 7/7/09 820.95 227947 7/7/09 2,595.00 227948 7/7/09 820.00 227949 7/7/09 18,958.78 227950 7/7/09 400.01 227951 7/7/09 740.0 227952 7/7/09 300.00 227953 7/7/09 1,349.67 227954 7/7/09 56.08 227955 7/7/09 406.09 227956 7/7/09 9,085.00 227957 7/7/09 386.06 227958 7/7/09 33,714.00 227959 7/7/09 193.54 227960 7/7/09 92.44 227961 7/7/09 9,774.04 227962 7/7/09 137.00 227963 7/7/09 594.00 227964 7/7/09 154.21 227965 7/7/09 1,944.96 227966 7/7/09 2,002.31 227967 7/7/09 1,014.64 227968 7/7/09 19.57 227969 7/7/09 150.00 A/P Total 1,885,350.73 695,056.93 GRAND TOTAL $ 2,580,407.6C L1;FO121d1A try INCORPORATED Warrant Register #1 7/7/2009 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY 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 198 PROPERTY EVIDENCE SEIZURE 212 PERSONNEL COMPENSATION FUND 261 CDC DEBT SERVICE FUND 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 314 OTS 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 724 COBRA/RETIREE INSURANCE 731 CONSTRUCTION AND DEMOLITION DEBRIS 333,842.44 5,000.00 3,827.15 187.00 22,047.94 19,474.11 353.95 1,472.00 216.73 1,944.96 6,469.53 1,148, 511.00 63, 543.72 1,125.78 4,945.75 33,570.00 695,645.77 268.20 91, 896.08 2,392.31 33, 086.78 116.15 361.09 20,898.65 21,245.60 12, 843.88 53.51 47, 089.99 7,748.34 229.25 2,580,407.66 City of National City, California COUNCIL AGENDA STATEMENT ...EETING DATE Aug 4, 2009 ITEM TITLE "arran - egis er Amount of $2,117,799.26 PREPARED BY D. Gallegos -Finance EXPLANATION - AGENDA ITEM NO 10 DEPARTMENT Finance Jeanette Ladn 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 07/08/09 through 07/14/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation CSAC Excess Ins 228087 85,387.00 WC Insurance Public Emp Ret Sys 228128 278,081.24 Emp Ret Sys. PPE 06/29/09 Payroll Various 1,026,259.82 PPE 06/29/09 Environmental Review N/A Financial Statement Not applicable. Account No STAFF RECOMMENDATION Ratification of warrants in the amount of $2,117,799.26 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #2 ATTACHMENTS (Listed Below) Resolution No A-200 (Rev. 9/80( J 1/5 NAT 71VCORI. on, I TE'1D WARRANT REGISTER # 2 7/14/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT SDCLEEAA EXPLORER ACADEMY ENROLLMENT 227970 7/9/09 3,850.00 SD COUNTY TAXPAYERS ASSOC. JOHN CHIANG PROGRAM 227971 7/13/09 50.00 ALL ABOUT BOOKS CO. GIVEAWAY BOOKS - WOW 227972 7/14/09 1,999.72 AT & T MOBILITY WINGS CELL PHONE 227973 7/14/09 142.86 BRODART ADULT AND CHILDREN'S BOOKS 227974 7/14/09 6,313.26 CITY OF NATIONAL CITY OUT OF STATE SALES TAX 227975 7/14/09 86.98 CORPORATE EXPRESS MOP# 45704 227976 7/14/09 1,380.70 DEMCO INC. BOOK PROCESSING MATERIALS 227977 7/14/09 418.56 DISCOUNT SCHOOL SUPPLY ARTS & CRAFTS MATERIALS 227978 7/14/09 2,097.38 EBSCO ON-LINE SUBSCRIPTION RENEWAL 227979 7/14/09 16,899.00 FRIENDS OF THE READ/SAN DIEGO ATTENDANCE AT READ/SD TUTOR 227980 7/14/09 100.00 LAKESHORE LEARNING MATERIALS MATERIALS/SUPPLIES - WOWMOBILE 227981 7/14/09 2,231.64 LASER SAVER INC MOP # 45725 227982 7/14/09 1,481.85 MIDWEST TAPE FOREIGN FILMS 227983 7/14/09 47.15 NAPOLEONE PIZZA HOUSE LIBRARY'S VOLUNTEER APPRECIATION 227984 7/14/09 245.91 NATIONAL CITY TROPHY VOLUNTEER AWARDS FOR LITERACY 227985 7/14/09 107.56 NYE REIMB FOR MATT NYE CHILDRENS 227986 7/14/09 206.64 ENTAL TRADING, CO., INC. SUPPLIES FOR THE CHILI COOK -OFF 227987 7/14/09 437.51 ;O INDUSTRIES USB CABLE FOR TM-T90-161 THERMAL 227988 7/14/09 409.56 SMILE MAKERS TO PURCHASE MATERIALS/SUPPLIES 227989 7/14/09 1,920.10 SPRINT VIDEO CONFERENCING/LONG DISTANCE 227990 7/14/09 14.53 STERLING PUBLISHING CO., INC. BOOK GIVEAWAYS 227991 7/14/09 29.75 THE HIGHSMITH COMPANY 3 TIER COUNTER TOP RACK. 227992 7/14/09 58.79 TUMBLEWEED PRESS INC. ON-LINE TUMBLEBOOK LIBRARY 227993 7/14/09 418.94 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 227994 7/14/09 80.00 XEROX CORPORATION BASE CHGS/COPIES FOR LITERACY 227995 7/14/09 1,652.07 ADAMS AMERICORPS LSTA Y6 227996 7/14/09 122.57 BANSAL AMERICORPS LSTA Y6 227997 7/14/09 18.81 BARDALES AMERICORPS LSTA Y6 227998 7/14/09 155.70 BAZZOLA AMERICORPS LSTA Y6 227999 7/14/09 332.28 BELL AMERICORPS LSTA Y6 228000 7/14/09 68.94 BETTERS AMERICORPS LSTA Y6 228001 7/14/09 258.60 BOLICK AMERICORPS LSTA Y6 228002 7/14/09 152.64 BURLEW AMERICORPS LSTA Y6 228003 7/14/09 248.62 CARUTHERS AMERICORPS LSTA Y6 228004 7/14/09 44.40 CORLETT AMERICORPS LSTA Y6 228005 7/14/09 116.08 CROSBY AMERICORPS LSTA Y6 228006 7/14/09 198.68 EHDE AMERICORPS CNCS/LSTA Y6 228007 7/14/09 528.07 EMPIZO AMERICORPS LSTA Y6 228008 7/14/09 239.80 ESCONDIDO PUBLIC LIBRARY AMERICORPS LSTA Y6 228009 7/14/09 149.20 FLORINE AMERICORPS LSTA Y6 228010 7/14/09 248.56 FROST AMERICORPS LSTA Y6 228011 7/14/09 42.34 FORD AMERICORPS LSTA Y6 228012 7/14/09 46.57 _._i AMERICORPS LSTA Y6 228013 7/14/09 65.62 GOODYEAR AMERICORPS LSTA Y6 228014 7/14/09 206.60 GUERRERO AMERICORPS LSTA Y6 228015 7/14/09 298.53 HAMIDEH AMERICORPS LSTA Y6 228016 7/14/09 610.76 HEMET ADULT LITERACY ADVOCATES AMERICORPS LSTA Y6 228017 7/14/09 174.20 PAYEE MCGUIRE DISTRIBUTION MICHAL PIASECKI CONSULTING MISSION UNIFORM SERVICE MORE DIRECT MORGAN SQUARE INC MORGAN SQUARE INC MORGAN SQUARE INC MUNICIPAL CODE CORPORATION NATIONAL CITY CAR WASH NEXUS INTEGRATED SOLUTIONS OLIVER PRODUCTS COMPANY ONE SOURCE DISTRIBUTORS PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE PUBLIC EMP RETIREMENT SYSTEM QUALA-TEL ENTERPRISES R.J. SAFETY SUPPLY REED RESTAURANT EQUIP SVC SALSBURY INDUSTRIES SAN DIEGO COUNTY CHIEFS' SAN DIEGO GAS & ELECTRIC SAN DIEGO PET & LAB SUPPLY SAN DIEGO POLICE EQUIPMENT SAN DIEGO SPORTS MEDICINE SDG&E SIGTRONICS CORPORATION SNAP -ON INDUSTRIAL SOUTHWEST SIGNAL SERVICE, INC. SPARKLETTS WATER STARTECH COMPUTERS STRATACOM SURVEYORS SERVICE CO. SWEETWATER AUTHORITY SYSCO SAN DIEGO TRISTAR RISK MANAGEMENT U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS UNDERGROUND SERV ALERT UNION -TRIBUNE PUB. CO. UNITED PARCEL SERVICE VERIZON WIRELESS VULCAN MATERIALS COMPANY WILLY'S ELECTRONIC SUPPLY Niv r*COAPOnArED WARRANT REGISTER # 2 7/14/2009 DESCRIPTION MILK PRODUCTS CRYSTAL REPORTS UPDATES - JUN 09 LAUNDRY/CLEANING SERVICES 100 U LICENSE FY 08/09 APPORTIONMENT #10 5/7/09 FY 08/09 APPORTIONMENT #12 6/29/09 FY 08/09 APPORTIONMENT #11 6/17/09 MUNICIPAL CODE JUNE 2009 CAR WASHES FOR CITY FLEET PHONE SYSTEM (PBX) MAINTENANCE HOME DELIVERY TRAYS MOP #67256 INT-MAT LC4536LAC DISHWASHER MAINTENANCE KITCHEN EQUIPMENT SERVICE PERIOD 06-09-5 SIGTRONICS ER VEHICLE INTERCOM MEDIUM - SAFETY VESTS, ORANGE EQUIPMENT MAINTENANCE SALSBURY MODEL #70024GY-U, OPEN ACCE MEMBERSHIP RENEWAL 1415 D AVE 05/19-06/18/09 MOP 45753 NAT CITY K-9 - PD FEDERAL AMMUNITION (40) EXAMS FOR FIRE DEPARTMENT FACILITIES DIVISION LABOR TO REPAIR 3 SE-8 HEADSETS PR GLOVES, WINDOW FILM TRAFFIC SIGNAL/STREET LIGHTING DRINKING WATER MOP 61744 COMP SUPPLIES - MIS MOP 63845 IBAR FORMS 24 INCH DIGITAL SMART LEVEL STREET DIVISION FOOD/CONSUMABLES WORKER'S COMP REPLENISHMENT CREDT CARD EXP - PD PRE-EMP PHYSICAL UNDERGROUND SVC ALERT CHARGES PUBLICATION OF PLANNING UPS SHIPMENT CELL PHONES 05/22-06/21/09 SHEET AND COLD MIX ASPHALTS MOP #45763 FASTENER, GRIP TIE 415 CHK NO DATE AMOUNT 228114 7/14/09 907.00 228115 7/14/09 1,125.00 228116 7/14/09 499.43 228117 7/14/09 11,443.58 228118 7/14/09 91,021.34 228119 7/14/09 43,015.04 228120 7/14/09 2,642.48 228121 7/14/09 392.55 228122 7/14/09 428.00 228123 7/14/09 1,653.86 228124 7/14/09 1,472.00 228125 7/14/09 54.24 228126 7/14/09 958.19 228127 7/14/09 245.00 228128 7/14/09 275,081.24 228129 7/14/09 725.00 228130 7/14/09 464.77 228131 7/14/09 584. 228132 7114/09 5,286. 228133 7/14/09 350.00 228134 7/14/09 434.09 228135 7/14/09 53.67 228136 7/14/09 8,466.77 228137 7/14/09 3,682.50 228138 7/14/09 76,631.58 228139 7/14/09 275.91 228140 7/14/09 127.37 228141 7/14/09 16, 962.79 228142 7/14/09 4.84 228143 7/14/09 905.89 228144 7/14/09 456.56 228145 7/14/09 153.34 228146 7/14/09 643.50 228147 7/14/09 8,035.58 228148 7/14/09 32,864.73 228149 7/14/09 429.65 228150 7/14/09 205.00 228151 7/14/09 264.00 228152 7/14/09 304.00 228153 7/14/09 108.39 228154 7/14/09 4,987.11 228155 7/14/09 779.r' 228156 7/14/09 217.( A/P Total 1,079,754.45 SECTION 8 HAPS PAYMENTS Start Date End Date 7/8/2009 7/14/2009 11,784.99 PAYEE WARRANT REGISTER # 2 7/14/2009 DESCRIPTION PAYROLL Pay period Start Pate End Date Check Date 14 6/16/2009 6/29/2009 7/8/2009 5/5 CHK NO DATE AMOUNT 1,026,259.82 GRAND TOTAL $ 2,117,799.26 fi oYfZ .�.� 1887� CINCURPORdTED Warrant Register # 2 7/14/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. 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 277 NC PUBLIC LIBRARY DONATINS FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 1,267,186.40 30,640.54 22,342.21 19,384.01 3,662.53 164.61 29,524.46 34,404.36 167.88 782.37 767.90 31,456.77 229.15 3,971.84 965.74 4,716.83 2,800.79 1,161.66 14,000.81 3,331.68 52,858.25 206.64 84.09 2,199.95 6,446.52 14,354.08 6,388.76 104, 048.68 300.00 39,486.75 564.75 30,033.00 99, 958.92 1,560.31 77,751.44 121,961.99 3,589.98 2,897.38 13,825.50 8,200.39 18,730.67 39,238.34 1,411.88 38.45 2,117,799.26 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO. 11 (ITEM TITLE Investment Report for quarter ended June 30, 2009 PREPARED BY DEPARTMENT Jeanette Ladrido, CPA �_ Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. I Financial Statement Staff certifies that there are sufficient funds to m t the City's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended June 30, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended June 30, 2009 Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: ➢ Type of investment or description, ➢ Issuers (bank or institution), ➢ Dollar amount, ➢ Interest rate, ➢ Current market valuation as of the date of the report, ➢ And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended June 30, 2009 is summarized below and compared to the quarter ended June 30, 2008. Par Value 51,994,397.87 56,586,858.58 Book Value (1) 51,994,322.87 56,588,441.61 Market Value (2) 52,127,038.79 56,539,621.99 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 66% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended June 30, 2009, LAIF's monthly average effective yield was 1.377%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2009 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF 34,263,355.63 34,308,060.50 1.510% 65.82% Medium Term Notes 500,000.00 498,050.00 4.000% 0.96% Federal Agency Securities 7,564,925.00 7,644,914.55 3.357% 14.67% Certificates of Deposit 4,350,981.21 4,360,952.71 4.336% 8.37% CalTrust 2,315,061.03 2,315,061.03 1.030% 4.44% Negotiable CD/CDARS 3,000,000.00 3,000,000.00 2.883% 5.76% Totals for June 2009 51,994,322.87 52,127,038.79 2.097% 100.00% Totals for June 2008 56,588,441.61 Portfolio decrease from same quarter last year -4,594,118.74 Negotiable CD/CDARS 5.76% CalTrust 4.44% Certificates of Deposit 8.37% Federal Agency Securities 14.67% LAI F 65.82% Medium Term Notes 0.96% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 36,578,416.66 1,099,000.00 2,868,981.21 11,447, 925.00 51,994,322.87 70.35% 2.11% 5.52% 22.02% 100.00% City of National City Finance Department Federal Agency Securities account for 15% of the investment portfolio. The average rate of return is 3.357% which is the average yield offered in the current market of Security Bonds with same terms. The City has 44 investments in Certificates of Deposit. These investments are in increments of $99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 4.336%. On 9/13/2007 and 7/24/2008, City Council approved a $2 million and $1 million investments in the CDARS program. To date the total investment is $3 million. The combined investment yield is 2.883% and accounts for 6% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 0.77% All pooled investments have been made in accordance with the City's Investment Policy adopted October 23, 1990 and last revised February 19, 2008. The pooled investment portfolio has the ability to meet the City's cash flow demands for the next six (6) months. Investments City of National City Portfolio Management Portfolio Summary June 30, 2009 Par Market Value Value Book % of Value Portfolio Term City of National City Days to YTM/C YTM/C Maturity 360 Equiv. 366 Equiv. Certificates of Deposit - Monthly 4,350,981.21 4,360,952.71 4,350,981.21 B.37 685 271 4.276 4.336 LAIF 34,263,355.63 34,308,080.50 34,263,355.63 65.90 1 1 1.489 1.510 Medium Term Notes 500,000.00 498,050.00 500,000.00 0.96 1,462 959 3,945 4.000 Federal Agency Securities 7,565,000.00 7,644,914.55 7,564,925.00 14.55 1,814 1,646 3,311 3,357 CalTrust 2,315,061.03 2,315,061.03 2,315,061.03 4.45 1 1 1.016 1.030 CDARS 3,000,000.00 3,000,000.00 3,000,000.00 5.77 607 419 2.844 2.883 Investments 51,994,397.87 52,127,038.79 51,994,322.87 100.00% 371 296 2.068 2.097 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year Average Daily Balance Effective Rate of Rettxn Jeahetle Ladrido, Finance Director Reporting period 06/01/2009-06/30/2009 Run Date, 07/15/2009 - 08'.11 94,708.58 50,247,853.67 2.29% 1,373,229.58 44,401,547.04 3.09% 1,373,229.58 Portfolio CNC CC PM (PRF PM1) SymRept 6.41.202b Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2009 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11323 11323 Advanta Bank Corp 04/02/2009 99,000.00 99,000.00 99,000.00 2.500' 300 2,500 642 04/04/2011 SYS11307 11307 American Home Bank 10/23/2008 99,000.00 99,000.00 99,000.00 4.600 208 4.600 114 10/23/2009 SYS11302 11302 AMERIKA SAMOA BANK 09/22/2008 99,000.00 99,000.00 99,000.00 4.500 276 4.500 448 09/22/2010 SYS11310 11310 BankFirst 11/14/2008 99,000.00 99,000.00 99,000.00 4.200 4.200 138 11/16/2009 SYS11229 11229 Bank of Washington 10/23/2007 98,981.21 98,981.21 98,981.21 5.100 289 5.100 114 10/23/2009 SYS11287 11287 Bank of North Carolina 06/10/2008 99,000,00 99,000.00 99,000.00 4.050 189 4.050 344 06/10/2010 SYS11207 11207 The Brand Banking Company 08/16/2007 99,000.00 99,000.00 99,000.00 5,400 255 5.400 47 08/17/2009 SYS11259 11259 Capitol City Bank & Trust 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 232 4.850 187 01/04/2010 SYS11328 11328 CIT Bank 04/08/2009 98,000.00 97,833.40 98,000.00 2,350 2.350 646 04/08/2011 SYS11224 11224 Citizens Bank of Newburg 10/22/2007 99,000.00 99,000.00 99,000.00 5.100 5.100 113 10/22/2009 SYS11226 11226 Citizens Natl. Bank of Quitman 10/22/2007 99,000.00 99,000.00 99,000.00 5.050 237 5.050 114 10/23/2009 SYS11275 11275 Cole Taylor Bank 03/31/2008 99,000,00 99,000.00 99,000.00 3.820 238 3.873 274 04/01/2010 SYS11260 11260 Columbia Savings & Loan 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 250 4.850 187 01/04/2010 SYS11334 11334 Community First Bank & Trust 04/23/2009 99,000.00 99,000.00 99,000.00 2.960 220 2.960 481 10/25/2010 SY511222 11222 Crestmark Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.100 201 5.100 92 10/01/2009 SYS11324 11324 Discover Bank 04/02/2009 99,000.00 99,000.00 99,000.00 2.510 300 2.510 642 04/04/2011 SYS11300 11300 Farmers Bank 09/10/2008 99,000.00 99,000.00 99,000.00 4.400 205 4.400 71 09/10/2009 SYS11240 11240 Feliciana Bank & Trust 11/02/2007 99,000.00 99,000.00 99,000.00 5.050 222 5.050 124 11/02/2009 SYS11305 11305 Forreston State Bank 10/01/2008 99,000.00 99,000.00 99,000,00 4.150 200 4.150 92 10/01/2009 SYS11258 11258 Garden City State Bank 01/03/2008 99,000.00 99,000,00 99,000.00 4.750 193 4.750 187 01/04/2010 SYS11297 11297 Georgian Bank 07/10/2008 99,000.00 99,000.00 99,000.00 4.260 200 4.260 376 07/12/2010 SYS11200 11200 Home Federal Bank of Hollywood 07/24/2007 99,000.00 99,000.00 99,000.00 5,500 251 5.500 23 07/24/2009 SYS11309 11309 High Trust Bank 11/13/2006 99,000.00 99,000,00 99,000.00 4.250 4.250 502 11/15/2010 SYS11209 11209 Hillcrest Bank 08/16/2007 99,000.00 99,000.00 99,000.00 5.260 202 5.260 47 D8/17/2009 SYS11208 11208 Inter Savings Bank 08/16/2007 99,000.00 99,000.00 99,000.00 5.500 260 5.500 47 08/17/2009 SYS11296 11296 Jacksonville Bank 07/10/2008 99,000.00 99,000.00 99,000.00 4.470 208 4.470 376 07/12/2010 SYS11291 11291 The Leaders Bank 06/18/2008 99,000.00 101,419.56 99,000.00 4.050 189 4.106 352 06/18/2010 SYS11286 11288 Live Oak Banking Company 06/11/2008 99,000.00 99,000.00 99,000.00 4.000 4.070 345 06/11/2010 SYS11236 11236 Monterrey County Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.150 281 5.150 92 10/01/2009 SYS11220 11220 New City Bank 09/26/2007 99,000.00 99,000.00 99,000.00 5.150 249 5.150 89 09/28/2009 SY511237 11237 North American Banking Co. 10/01/2007 99,000.00 99,000.00 99,000.00 5.250 5,250 92 10/01/2009 SYS11301 11301 Orion Bank 09/16/2008 99,000.00 99,000.00 99,000,00 4,500 256 4.500 442 09/16/2010 SYS11263 11263 Pacific Westem Bank 01/22/2008 99,000.00 99,000.00 99,000,00 2,500 3.630 205 01/22/2010 SYS11241 11241 Pinnacle Bank 11/20/2007 99,000.00 99,000.00 99,000.00 5.000 156 5.000 142 11/20/2009 SYS11313 11313 R-G Premier Bank of Puerto Ric 11/07/2008 97,000.00 100,036.10 97,000.00 4,500 4.500 496 11/09/2010 SYS11299 11299 STATE BANK OF INDIA (CALIF) 07/18/2008 99,000.00 99,000.00 99,000.00 4.250 257 4.250 383 07/19/2010 Run Date: 07/15/2009 •08'' 11 Portfolio CNC CC PM (PRF_PM2) SymRapt 6.41.202b CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments June 30, 2009 Purchase Date Par Value Market Value Page 3 YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Stated Certificates of Deposit - Monthly SYS11289 SY511264 SYS11303 SYS11246 SY511336 SYS11330 SYS11298 SY511292 11289 Select Bank 11264 Southern Bank 11303 Sun West Bank 11246 Synovus Bank of Jacksonville 11336 Tennesse Commerce Bank 11330 First Tuskegee Bank 11298 Union National Bank of Elgin 11292 Westernbank Puerto Rico Subtotal and Average 4,350,981.21 06/16/2008 99,000.00 101,365.11 99,000.00 4.000 207 4.000 350 06/16/2010 02/05/2008 99,000.00 99,000.00 99,000.00 3.700 179 3.700 219 02/05/2010 09/19/2008 99,000.00 99,000.00 99,000.00 4.280 156 4.280 83 09/22/2009 11/14/2007 99,000.00 99,000.00 99,000.00 5.050 144 5.050 138 11/16/2009 04/28/2009 99,000.00 99,000.00 99,000.00 2.650 226 2.650 666 04/28/2011 04/17/2009 99,000.00 99,000.00 99,000.00 2.400 143 2.400 656 04/18/2011 07/19/2008 99,000.00 99,000.00 99,000.00 4.480 163 4.480 383 07/19/2010 06/18/2008 97,000.00 99,317.33 97,000.00 4.000 187 4.000 352 06/18/2010 4,360, 981.21 4,3 60,952.71 4,350,961.21 4.336 271 LAIF 98-37-576 11056 Local Agency Investment Fund Subtotal and Average 33,156,688.96 34,263,355.63 34,308,060.50 34,263,355.63 34,308,060.50 34,263,355.63 1.510 34,263,355.63 1.510 1 1.510 1 Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP Subtotal and Average 600,000.00 02/14/2008 500,000.00 500,000.00 498,050.00 500,000.00 4.000 AA+ 4.000 959 02/15/2012 498,050.00 500,000.00 4.000 959 Federal Agency Securities 31331GCP2 11306 3133XRBM 1 11282 3133XRG95 11290 3133X5NC8 11312 3133XSSM1 11314 3133XSWU8 11317 3133XSZ43 11318 3133XSY28 11319 3133XSX52 11320 3133XTALO 11322 3133XTEP7 11325 3133XTFM3 11326 3133XTLW4 11337 3128X7YA6 11294 3128X8UR1 11332 3128X8WY4 11333 3128X8YY2 11339 3128X8L34 11341 Run Date: 07/15/2009 - 08:11 Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mrtgage Corp Federal Horne Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp 09/30/2008 05/28/2008 06/17/2008 12/16/2008 01/13/2009 02/18/2009 02/18/2009 02/18/2009 02/19/2009 03/11/2009 04/07/2009 04/07/2009 05/12/2009 06/25/2008 04/15/2009 04/22/2009 05/19/2009 06/09/2009 250,000.00 175,000.00 200,000.00 300,000.00 250,000.00 300,000.00 250,000.00 300,000.00 300,000.00 200,000.00 300,000.00 200,000.00 250,000.00 250,000.00 200,000.00 300,000.00 100,000.0D 250,000.00 250,902.50 180,195.75 202,718.00 304,545.00 249,682.50 297,684.00 250,077.50 297,281.10 300,408.00 200,294.00 296,310.00 198,125.00 246,485.00 257,530.00 199,378.20 298,119.00 98,853.00 248,632.50 250,000.00 4.750 AAA 4.750 175,000.00 4.125 AAA 4.125 200,000.00 4.250 AAA 4.250 300,000.00 4.250 AAA 4.250 250,000.00 3.150 AAA 3.150 300,000.00 3.000 AAA 3.000 250,000.00 3.000 AAA 3.000 300,000.00 3.125 AAA 3.125 300,000.00 3.000 AAA 3.000 200,000.00 3.400 AAA 3.400 300,000.00 3.000 AAA 3.000 200,000.00 3.000 AAA 3.000 250,000.00 3.050 AAA 3.050 250,000.00 4.020 AAA 4.020 200,000.00 2.000 AAA 2.000 300,000.00 3.050 AAA 3.050 100,000.00 3.100 AAA 3.100 250,000.00 3.000 AAA 3.000 1,552 09/30/2013 1,427 05/28/2013 1,447 06/17/2013 1,629 12/16/2013 1,657 01/13/2014 1,693 02/18/2014 1,693 02/18/2014 1,693 02/18/2014 1,694 02/19/2014 1,714 03/11/2014 1,741 04/07/2014 1,741 04/07/2014 1,776 05/12/2014 1,090 06/25/2012 1,749 04/15/2014 1.756 04/22/2014 1,783 05/19/2014 1,804 06/09/2014 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.2021) CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2009 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3128X8N57 11342 Federal Home Loan Mrtgage Corp 06/18/2009 240,000.00 239,515.20 240,000.00 3.000 AAA 3.000 1,813 06/18/2014 3128X8R87 11343 Federal Horne Loan Mrtgage Corp 06/23/2009 250,000.00 251,270.00 250,000.00 3.550 AAA 3.550 1,818 06/23/2014 3128X8Q96 11344 Federal Home Loan Mrtgage Corp 06/25/2009 250,000.00 250,307.50 250,000.00 3.250 AAA 3.250 1,820 06/25/2014 3128X8M82 11345 Federal Home Loan Mrtgage Corp 06/25/2009 200,000.00 198,645.80 200,000.00 3.450 AAA 3.450 1,820 06/25/2014 3136F93L5 11315 Federal Nat. Mortgage Assoc. 01/21/2009 250,000.00 250,077.50 250,000.00 3.000 AAA 3.000 1,665 01/21/2014 3136FHJF3 11329 Federal Nat, Mortgage Assoc. 04/21/2009 250,000.00 249,450.00 250,000.00 2.000 AAA 2.000 1,755 04/21/2014 31398AXF4 11338 Federal Nat. Mortgage Assoc. 05/12/2009 300,000.00 298,917.00 299,925.00 3,005 AAA 3.010 1,776 05/12/2014 3136FHTY1 11340 Federal Natl. Mortgage Assoc. 06/02/2009 250,000.00 245,625.00 250,000.00 3.000 AAA 3.000 1,797 06/02/2014 3136FHH99 11346 Federal Natl. Mortgage Assoc. 06/30/2009 200,000.00 201,388.00 200,000.00 3.750 AAA 3.750 1,825 06/30/2014 3136F82A2 11266 Fannie Mae 02/12/2008 250,000.00 263,907.50 250,000.00 4.000 AAA 4.000 1,322 02/12/2013 3136F82A2 C 11267 Fannie Mae 02/12/2008 500,000.00 554,840.00 500,000.00 4.000 AAA 4.000 1,322 D2/12/2013 3136F9CB7 11274 Fannie Mae 03/11/2008 250,000.00 263,750.00 250,000.00 4.000 AAA 4.000 1,349 03/11/2013 Subtotal and Average 6,927,367.08 7,565,000.00 7,644,914.56 7,564.925.00 3.357 1,646 CalTrust 201-000017-10 11059 CalTrust Subtotal and Average 2,312,816.41 2,315,061.03 2,315,061.03 2,315,061.03 2,315,061.03 1.030 2,315,061.03 2,316,061.03 1.030 1 1.030 1 CDARS SYS11304 SYS11327 11304 Neighborhood National Bank 11327 Neighborhood National Bank Subtotal and Average 3,000,000.00 07/24/2008 03/12/2009 1,000,000.00 1, 00 0, 000.00 2.000,000.00 2,000,000.00 3,000,000.00 3,000,000.00 1,000,000.00 3.150 3.150 2,000,000.00 2.750 2.750 22 07/23/2009 617 03/10/2011 3,000,000.00 2.883 419 Total and Average 60,247,853.67 Run Date: 07/15/2009 - 08:11 51,994,397.87 52,127,038.79 51,994,322.87 2.097 296 Portfolio CNC CC PM (PRF PM2) SymRapt 6.41.202b City of National City, California COUNCIL AGENDA STATEMENT 12 .AEETING DATE August 4, 2009 AGENDA ITEM NO. ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit application for the Sale of Alcohol at the Waterfront Grill Restaurant and Pier 32 Marina Located at 3201 Marina Way. (Applicant: John A. Grimstad.) (Case File 2009-11 CUP) PREPARED BY Martini eder, 336-4310 DEPARTMENT Development Services/Planning EXPLANATION The project site is the Waterfront Grill restaurant located at Pier 32 at 3201 Marina Way. The restaurant is a component of Pier 32 Marina, which also includes offices, yacht sales and meeting rooms for marina residents. The property is located more that half a mile from the nearest residences, which are located north of Bay Marina Drive. The applicant is requesting two separate ABC licenses; a Type 47 (beer, wine and distilled spirits), for the restaurant, and a Type 20 (off -site sale of beer and wine) for marina residents. The restaurant has approximately 50 inside seats and 32 outside seats. Alcoholic beverages would be available by the bottle or glass (beer) or by the glass (wine and mixed drinks) for restaurant or special event customers, and be available for purchase for off -site consumption (beer and wine only), primarily for marina residents. The applicant is also requesting to serve alcoholic beverages on the 2nd floor (meeting rooms, view deck) and the enclosed swimming pool area for marina residents and guests. The restaurant is open from 7:00 a.m. to 8:00 p.m. seven days a week. Marina security is on site from 4:30 p.m. to 8:30 a.m. daily. The Planning Commission held a hearing on July 20, 2009, at which time the applicant requested a change in the conditions to allow for the sale of on -site alcohol until 11:00 p.m. in order to provide flexibility for special events or longer restaurant hours. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval, amending condition No. 7 restricting off -site sale of alcohol to between 7:00 a.m. and 8:00 p.m., and adding condition No. 8 allowing on -site alcohol sales until 11:00 p.m. Environmental Review x N/A Project exempt from CEQA pursuant to Section 15061(b)(3) Approved By: Finance Director Financial Statement N/A Account No. STAFF RECOMMENDATION ,M �pv✓ 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: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 15-2009 2. Location Map Resolution No. 3. Reduced plans A-200 (9/99) RESOLUTION NO. 15-2009 A RESOLUTION OF THE PLANNING CONIMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL AT A RESTAURANT AND MARINA AT PIER 32 MARINA LOCATED AT 3201 MARINA WAY. APPLICANT: JOHN A. GRIMSTAD CASE FILE NO. 2009-11 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of alcohol at a restaurant and marina at Pier 32 Marina located at 3201 Marina Way APN: 760-045-55),at a duly advertised public hearings held on July 20, 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. 2009-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare_ NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on July 20, 2009, support the following findings: That the site for the proposed use is adequate in size and shape, since the sale of beer, wine and distilled spirits for on -site consumption and the sale of beer and wine for off -site consumption will be conducted at an approved restaurant and marina, and no expansion is proposed to approved plans as a result of the added service. 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 is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the manna and restaurant are located in a developed industrial area more than half a mile from the nearest residence. Also, conditions of approval controlling the sale and consumption of beer, wine and distilled spirits on site and beer and wine off site will reduce any potential for adverse effects. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the marina and restaurant, and further the City's revitalization efforts for this area. 1 That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits for on -site consumption at the Marina Gateway Plaza. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2009-11 CUP, dated 5/18/2009. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3 _ This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4 This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property_ The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 6. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 7_ The sale of alcoholic beverages for off -site consumption shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. 8. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 7:00 a.m. and 11:00 p.m. 2 9. Alcohol available for on -site consumption shall only be served by the glass. Beer and wine available for off -site consumption shall only be available in six-pack (beer) or bottle (wine) quantities. 10. The sale of beer in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 1I. No beer and malt beverage products for off -site consumption shall be sold in less than six-pack quantities per sale. There shall be no off -sale of single cans or bottles. 12. No off site sale of wine shall be sold in containers of less than 750 milliliters. 13. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 14. The sale of malt beverages shall be prohibited. 15. Alcoholic beverages purchased for on -site consumption or provided as part of a catered event shall be restricted to the marina building, in the patio area adjacent to the restaurant and to the pool area. 16. Alcoholic beverages may not be consumed east of the view deck, east of the restaurant or west of the marina building (excepting the fenced pool area). 17. The permittee shall post signs at the perimeter of the area described in Condition No. 14 indicating that open alcoholic beverages must be consumed within said area. This condition shall not apply to packaged alcohol products purchased at the restaurant for off -site consumption. 18. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge_ 19. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 20. Premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits and the parking lot during hours of operation. Graffiti shall be removed within 72 hours.. 21. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less 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. NCMC 10.30.050 and 10.30.060." 22. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence_ 23. The 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. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 24. Designated Driver Program information shall be available for all guests. 3 verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 24. Designated Driver Program information shall be available for all guests. 25. 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. Police 26. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 2.5600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p_m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 20, 2009, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. NAYS: ABSENT: ABSTAIN: 4 Approximate Project Location Project Site — — — Zone Boundary 0 I I 340 680 1 )1 Marina Wy APN: 760-045-55 Planning Commission July 20, 2009 Locatic n Map 2009-11 CUP 07.00 09 PIER DELI i iv, ill7i] ',lHi 1 lip ,,, ,b 11,,i,_r _-,,�.�� lli ,IL']] iL �il 7 1 it �_LI_'_Iali--r-' -1 ,F i1'_:',1r E_ J i(i, i���ii:l, fliHi !Ifl'll'li0il NLr7 l.: IT! T,. T Imm.Rnlxw. 1 ALE COPY NA LION AL CITY PLANNING DEPT. EXHIBIT .A CANE PILE: NIL 2009.11 CUP 1).1TE U5'INl21R19 gi C I N CONSOAIILII 1,1!i. uillu ul, II 1 ,,, 11 11 1111.11 1.6.114 a e OVERALL E,re .LAN �=- A1,0 _. i22) �TM1 M1 A KA"IYre.,,, �lt1 �tJh J (IJ� J �'2u� (RI) lJ 1<1 �]� VU�� L ... a—l. . UL A.. yyj L F —'� -- —:.�- U EEE@l eae NUL-ON AT BEAM a„a. 26 ((�r,_ C � i-I[d .. ._.^,uw....... U 11-'m J o ..._.....w ...,.,,...--... u_L o 0.1. CCAMI • ., 127 I i0., Lam.. a /-rY I ' 2B Fl..O e._Ar. rLoneM1 L.v..1 „ ... 3�• �' t3N k'bv59 t✓^LkIffR RC.. Yolk ,�•• 0--.. „ .... . n . o �_... t al .....'..o,...w rLw ;ns BUNl4 404i0.0000005 =- 4-.— _ _ —. __— ., w.. -�1PW.1.re . .0.4.00_ ,, .q...... ._. rLOos =LAN seI.ERAL Oite --� --24 119 14 ✓... t.. ..» AL. .CmCBEP .. ... ...�......wwr...�-.i. .n wr...m.w.....u. . e....A. .wu.......... 11 ' .- �EAOBE T!0N�AI 1 - 1 l C OOKCOnL is 0.9. LLG t'� 130 125 I 120 ` 15 AX DES GO CONSORTIUM er t E' Eo I .uaE Lnexm._ A2.0 r f ,pc-aaa — 6OL605NOJ 11 O! 5 3 0 'o 51031114 a r•, 0 ua+_ nol'rnro Jl i -�, T rarsel i II n,- al 9 'Ye ,f 1,04Yni, Huv ( ll i Lr�i (czl rz� 9Z1 zl 9Z MEETING DATE: Aug 4, 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 13 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,801,984.36 to the City of National City for the period of 07/01/09 through 07/07/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement T1 Approve the reimbursement of funds to the City of National City in the amount of $1,801,984.36 J STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A I lTACHMENTS (Listed Below) Warrants for the period the period of 07/01/09 through 07/07/09 • PAYEE CHAMPION CHEMICAL CO. CORPORATE EXPRESS/STAPLES DIXIELINE LUMBER CO. HAASC HOME DEPOT/GECF KLEINFELDER, INC. MAINTEX, INC. N C CHAMBER OF COMMERCE PACIFIC MUNICIPAL CONSULTANTS PRUDENTIAL OVERALL SUPPLY RIDLEY SAN DIEGO DAILY TRANSCRIPT SAN DIEGO TROLLEY INC SMART & FINAL STRATACOM URBAN FUTURES "=_RONICA TAM & ASSOCIATES SION INTERNET PROVIDERS .,STA PAINT WADE & ASSOCIATES XEROX CORPORATION COUNTY OF SAN DIEGO NATIONAL ELEM SCHOOL DISTRICT SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 1 7/7/2009 DESCRIPTION 12 QUARTS/CASE READY TO USE OFFICE SUPPLIES MOP 45707 PAINT SUPPLIES - CD ANNUAL MEMBERSHIP BRASS COMPRESSOR KIT MATERIAL TEST @ BAY MARINA SPEC 08-12 NEW RIGHT GRAFFITI REMOVAL ECO DEV PROG JUUOCT08 & JAN/APRO9 ENTERPRISE ZONE EXT EIR MOP 45742 UNIFORMS - CD REIMB - HUD TRAININGS ADVERTISING RFQ 8TH ST FLAGGING SERVICES MOP 45756 STORE MISC - CD MOP 63845 BUSINESS CARDS CONT DISC DISSEMINATION SVCS IDIS FY 06/07 APRIL SVCS INTRANET DESIGN MOP 68834 PAINT SUPPLIES - CD RESURFACING PHASE 111, SPEC 08-8 S8 LEASE PAYMENT - MAY 2009 PASS THROUGH PAYMENT FY09 AB1290 TAX SHARING (DIST.1-8) FY09 Start Date End Date 6/24/2009 6/30/2009 CHK NO DATE AMOUNT 227792 7/7/09 380.31 227793 7/7/09 613.76 227794 7/7/09 130.67 227795 7/7/09 50.00 227796 7/7/09 107.00 227797 7/7/09 3,597.38 227798 7/7/09 788.49 227799 7/7/09 50,000.00 227800 7/7/09 2,418.38 227801 7/7/09 53.36 227802 7/7/09 268.20 227803 7/7/09 93.00 227804 7/7/09 159.37 227805 7/7/09 76.25 227806 7/7/09 35.12 227807 7/7/09 1,950.00 227808 7/7/09 157.50 227809 7/7/09 12,350.00 227810 7/7/09 483.41 227811 7/7/09 20,990.00 227812 7/7/09 443.23 227847 7/7/09 956,683.00 227918 7/7/09 55,099.00 A/P Total $ 1,106,927.43 695,056.93 GRAND TOTAL $ 1,801,984.36 IRiCORPORATEl COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 1 7/7/2009 261 CDC DEBT SERVICE FUND 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 1,011,782.00 695,645.77 268.20 91, 896.08 2,392.31 1,801,984.36 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California IEETING DATE: Aug 4, 2009 AGENDA ITEM NO. 14 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $171,603.73 to the City of National City for the period of 07/08/09 through 07/14/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $171,603.73 i STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A H fTACHMENTS (Listed Below) Warrants for the period the period of 07/08/09 through 07/14/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 2 7/14/2009 PAYEE ABC CONSTRUCTION CO., INC. BLIK BOYS & GIRLS CLUB DESROCHERS DIXIELINE LUMBER CO. EDCO DISPOSAL CORPORATION HAPPY SOFWARE, INC HUSK PARTNERS MICHAL PIASECKI CONSULTING PACIFIC BUSINESS CAPITAL CORP PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE ULTIMATE STAFFING SERVICES URBAN FUTURES VISTA PAINT WHILLOCK CONTRACTING, INC. SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 13 6/2/2009 DESCRIPTION HIGHLAND AVE PROJECT, SPEC 08-8 CONSULTATION/ADMINISTRATION REIMB - DAY CAMP RETIREMENT BENEFIT JULY 2009 MOP 45707 PAINTING SUPPLIES - CD WASTE DISPOSAL FOR GRANGER HALL SUPPORT RENEWAL CONSULTING SVCS FOR JULY 2009 CRYSTAL REPORTS UPDATES-JUN 09 AQUATIC CNTR RENTAL POWER POLES MOP 45742 UNIFORMS - CD CONSULT & EXPERT NEIGHBORHOOD SVCS TEMP EMP DISCLOS DISSEMINATION SVCS MOP 68834 PAINT SUPPLIES - CD PORTION OF RETENTION Start Date 6/24/2009 End Date 6/15/2009 End Date 6/30/2009 Check Date 6/24/2009 CHK NO DATE AMOUNT 228050 7/14/09 7,135.47 228051 7/14/09 300.00 228052 7/14/09 30,033.00 228053 7/14/09 110.00 228054 7/14/09 183.51 228055 7/14/09 209.50 228056 7/14/09 5,243.00 228057 7/14/09 7,500.00 228058 7/14/09 1,125.00 228059 7/14/09 390.00 228060 7/14/09 26.68 228061 7/14/09 59.00 228062 7/14/09 2,911.90 228063 7/14/09 3,850.00 228064 7/14/09 449.89 228065 7/14/09 14,939.78 Ail, Total $ 74,466.73 11,784.99 85,352.01 GRAND TOTAL $ 171,603.73 INCOaronA V> COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 2 7/14/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 39,486.75 564.75 30, 033.00 99, 958.92 1,560.31 171,603.73 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO 15 ITEM TITLE Investment Report for quarter ended June 30, 2009 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended June 30, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended June 30, 2009 L Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: ➢ Type of investment or description, ➢ Issuers (bank or institution), Dollar amount, ➢ Interest rate, ➢ Current market valuation as of the date of the report, ➢ And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended June 30, 2009, LAIF's monthly average effective yield was 1.377%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 13% of the CDC's portfolio. Federal Agency Securities account for 5.0% of the investment portfolio. The average rate of return is 3.84% The CDC has 0.5% invested in Negotiable Certificates of Deposit. The average rate of return is 4.15%. All investments have been made in accordance with the City/CDC's Investment Policy adopted October 23, 1990 and last revised February 19, 2008. The investment portfolio has the ability to meet the CDC's cash flow demands for the next six (6) months. COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31, 2009 DESCRIPTION b1ATIIR1TY DATE INTEREST BOOK MARKET ACCRUED GAIN OR % OF RATE VALUE VALUE INTEREST (LOSS) PORTFOLIO LAIF I.AIF I.00AI. AGENCY INVESTMENT FUND $ 16,243,004.55 $ 16,264,197.50 $ 74,069.43 $ 21,192.95 SUBTOTAL LAIF $ 16,243,004.55 $ 16,264,197.50 $ 74,069.43 $ 21,192.95 81.65% CERTIFICATE OF DEPOSITS - COMMUNITY DEVELOPMENT COMMISSION CD FIRST INTERNET BK OF IN 01/28/10 Cash Account Balance 95,000.00 96,594.10 4.150% 101.678 2.706.69 2,706.69 328.54 1,594.10 SUBTOTAL CD - CDC $ 97,706.69 $ 99,300.79 $ 328.54 $ 1,594.10 0.49% FEDERAL AGENCY SECURITIES - CDC AGENCY FHLB - 3133XS4N5 9/9/2013 AGENCY FHLB - 31331GCP2 9/3012013 4.500% 4.750% AGENCY FFCB - 3133 I GUL1 5/5/2014 2.990% ''"'''Y FHLMC - 3128X8ZQ8 5/19/2014 250,000.00 250,000.00 250,000.00 250,000.00 260,457.50 104.183 250,902.50 100.361 248,515.50 99.4062 247,782.75 3.125% 99.1131 5,625.00 10.457.50 5,937.50 902.50 3,737.50 (1,484.50) 3,906.25 (2,21725) SUBTOTAL FEDERAL AGENCY SECURITIES - CDC $ 1,000,000.00 $ 511,360.00 $ 19,206.25 $ 7,658.25 5.03% CASH WITH FISCAL AGENT DEUTSCHE BANK 2004 TAB REDEVELOPMENT FUND INVESTMENT TREASURY MONEY FUND 2005A TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND 2005B TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND $ 171,465.81 2005A TAB RESERVE ACCOIINT 2,344,000.00 UBS FINANCE 100.003% 28,650.23 9,756.35 171,465.81 1.000 2,344,000.00 1.000 28,650.23 1.000 9,756.35 1.000 SUBTOTAL WITH CASH FISCAL AGENT $ 2,553.87239 $ 2,553,872.39 $ - $ 12.84% GRAND TOTAL $ 19,894,583.63 $ 19,428,730.68 $ 93,604.22 $ 30,445.30 100.00% Page 1 of 1 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO. 16 ITEM TITLE A report on the Marine Life Protection Act and State of California consideration of restricting fishing, maintenance, construction and recreational activities within the South Bay, including the Sweetwater Channel. PREPARED BY nar DEPARTMENT Patricia Beard (ext 4255) ,_ y Redevelopment Division Redevelopment Manager EXPLANATION Under authority of the California Marine Life Protection Act, a proposal is under consideration to designate marine areas in the South Bay, including the Sweetwater Channel, as restricted conservation areas. Such designation, considered as a protection to the marine ecosystem, would restrict activities, such as fishing, swimming, boating and construction on the National City bayfront and Channel. The City Council may wish to take a position on this matter and/or provide direction to staff. The attached Background Report provides additional information. Environmental Review Not applicable Financial Statement Not applicable J r STAFF RECOMMENDATION Consider taking a position about this matter and/or provide direction to staff. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 3c) Improve Public Access to our Bay front. J ATTACHMENTS 1. Background Report 2. SANDAG report including maps Resolution No. ATTACHMENT 1 BACKGROUND REPORT Overview: The Marine Life Protection Act Initiative ("MLPA") is in the process of drafting six Marine Protected Area ("MPA") proposals to designate portions of area marine waters as Conservation Areas. Portions of South San Diego Bay, including the Sweetwater Channel, are being considered for designation as State Marine Conservation Areas. If the MPA proposals are enacted there are subsequent impacts to residents and local commercial fishing stakeholders including prohibiting commercial and recreational fishing. Recreational activities such as boating, diving, and public access for walking and swimming could be limited to designated areas. Ports may not be allowed to dredge, maintain existing structures or construct new structures. The Basis: In 1999, the California State Legislature adopted the Marine Life Protection Act, which required the state to evaluate and/or re -design all existing state MPAs and to potentially create new MPAs that to the extent possible will act as a network. MPA designations include: state marine reserve ("SMR"), state marine park ("SMP") and state marine conservation area ("SMCA"). The regional process started in the summer of 2008 and is scheduled to continue through 2009. The current Conservation Areas in the San Diego Area are; Buena Vista Lagoon (SMP), Ague Hedionda Lagoon (SMR) Batiquitos Lagoon (SMP), Encinitas (SMCA), Cardiff and San Elijo (SMCA), San Elijo Lagoon (SMP), San Diego -Scripps (SMCA), La Jolla (SMCA), and Mia J. Tegner (SMCA) Potential Negative Impacts: Since the only public recreation fishing location in National City is on the Sweetwater Channel, residents will be unable to fish in the City. Fishing industries will also be affected as regulations would prohibit them from commercial fishing in much of the South Bay. Recreational boating and swimming areas would be significantly limited or eliminated causing impacts to the Pier 32 Marina and proposed National City Aquatic Center and having uncertain impacts on the Port's operations. Potential Positive Impacts: A variety of human activities, such as coastal development, water pollution, and fishing, have been shown to impact marine ecosystems. The California Legislature found that these activities have the potential to stress marine ecosystems, impact habitat, and threaten biological diversity. By implementing this Initiative, marine life may be successfully conserved. Next Steps: A Blue Ribbon Task Force is working to finalize its plans and intends to implement the plan before the end of the year. More information can be found on the Internet at http://www.dfg.ca.gov/mlpa/highlights.asp. SAND ATTACHMENT 2 BOARD OF DIRECTORS AGENDA ITEM NO. 09-07- ■ 7 JULY 24, 2009 ACTION REQUESTED — APPROVE MARINE LIFE PROTECTION ACT INITIATIVE COMMENT LETTER Introduction The Marine Life Protection Act (MLPA) was designed to assemble a network of Marine Protected Areas (MPAs) throughout California's 1,100-mile coast. The MLPA Initiative efforts in Southern California began in summer 2008 and have the potential to impact the SANDAG Regional Shoreline Management Program by limiting restoration and maintenance activities that are likely to occur within proposed MPAs. Discussion Background on the MLPA Initiative File Number 3200200 The MLPA was signed into law in 1999 and directs the state to reevaluate and redesign California's system of MPAs to increase coherence and effectiveness in protecting the state's marine life and habitats, marine ecosystems, and marine natural heritage, as well as to improve recreational, educational, and study opportunities provided by marine ecosystems subject to minimal human disturbance. The MLPA also requires that the best readily available science be used in the redesign process, as well as the advice and assistance of scientists, resource managers, experts, stakeholders, and members of the public. The south coast study region (Point Conception in Santa Barbara County to the California/Mexico border in San Diego County, including offshore islands) is the third MLPA study region to undergo the regional MPA planning and design process. This regional process started in summer 2008 and is scheduled to continue through 2009. In each study region the process of designating MPAs is overseen by several groups. The Regional Stakeholder Group (Stakeholder Group) is an appointed group that develops MPA proposals that are reviewed and evaluated by a Science Advisory Team, the California Department of Fish and Game, MLPA Initiative staff, the public, and a policy -level Blue Ribbon Task Force (Task Force). The MPA proposals then are refined by the Stakeholder Group and presented to the Task Force, which makes a recommendation to the California Fish and Game Commission. Draft versions of MPA proposals for the south coast study region currently are being prepared. The proposal preparation process includes three rounds. Round 1 was completed in spring 2009, Round 2 was just completed in June 2009, and Round 3 will take place in August 2009. Each round of the proposal preparation process yields a set of maps that include potential MPA designations. In Round 2, four map variations were created and are included with the letter as Attachment 1 (map variations are titled: Lapis 1 and 2, Opal, and Topaz, and represent the proposals made by the four workgroups in the Stakeholder Group). The MPA designations as well as the SANDAG Regional Shoreline Management Program borrow sites and receiver sites are included in the maps to demonstrate where the two programs' efforts currently overlap. At this time, the goal of the Stakeholder Group is to gather input on the Round 2 maps, revise, and provide a consolidated set of maps to the Task Force for its consideration. The MPA designations are broken into three main categories: state marine reserve (SMR), state marine park (SMP), and state marine conservation area (SMCA). A SMR does not allow any type of extraction activity and is the most restrictive designation. An SMP does not allow any commercial extraction and may limit some recreational extraction. And, an SMCA may limit recreational and/or commercial extraction activities. The impacts of these designations are limited by the authority of the California Fish and Game Commission, which extends seaward of the mean high tide line or mouth of a coastal river out to federal waters (those past the 3-nautical-mile state water boundary line). Anything outside this boundary is not subject to the MLPA. SANDAG Involvement SANDAG staff, members of the Shoreline Preservation Working Group (SPWG), and staff from the coastal cities have been following MLPA Initiative efforts since fall 2008. SANDAG and coastal city staff have been listening online to meetings that take place outside the region and, along with members of the SPWG, attended one meeting held in San Diego, speaking on regional issues during public comment. SANDAG staff has engaged MLPA Initiative staff, members of the Stakeholder Group, and other State of California staff working to provide information and data that would assist in the State's efforts, and create a broader understanding of regional goals. SANDAG has sent several letters signed by the Executive Director and one letter signed by elected officials of most of the coastal cities outlining the region's concerns over the potential MPA proposals and impacts to the SANDAG Regional Shoreline Management Program. Specifically, expansion of existing and creation of new MPAs in the region have the potential to limit the types of restoration and maintenance activities called for in the Shoreline Preservation Strategy (adopted by SANDAG in 1993) and the recently adopted San Diego Coastal Regional Sediment Management Plan. Concern primarily is focused around the designation of SMRs because they are the most restrictive. This, and potentially other designations, may limit the locations where SANDAG would be able to take beach compatible material from the ocean floor and place it on regional beaches. This would be detrimental to the SANDAG Shoreline Management Program, which utilized this method of extraction and placement as part of the Regional Beach Sand Project (RBSP) completed in 2001 and plans to utilize this method for the second RBSP planned for construction in 2011/2012. Additionally, there is concern over potential restrictions on restoration and maintenance activities that take place in the region's lagoons. 2 Next Steps The SPWG receives regular updates on the MLPA Initiative, and despite the efforts of the SPWG and SANDAG staff to inform the MLPA Initiative decision makers of our concerns on the MPA proposals, significant issues remain. A draft letter reflecting the SPWG comments and suggestions is included as Attachment 1. On July 10, 2009, the Executive Committee recommended that the Board of Directors approve the submittal of the attached MLPA comment letter in substantially the same form. If approved, the letter will be submitted after several public open houses soliciting input on the MLPA proposals have occurred throughout the south coast study region. SANDAG staff and members of the SPWG attended the public meetings to ensure that regional issues were conveyed in person. SANDAG staff will continue to follow the MLPA Initiative and keep the region informed; however, it is important that those cities impacted by the proposed placement of MPAs also get involved in the process to ensure their individual interests are considered. Attachment: 1. MLPA Initiative Comment Letter Key Staff Contact: Rob Rundle, (619) 699-6949, rru@sandag.org 3 Attachment 1 401 8 Street Suite 800 San Diego, CA 92101- 4231 (679) 699-7900 Fax (619) 699-1905 www.sandag.org MEMBER AGENCIES Cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista and County of San Diego ADVISORY MEMBERS Imperial County California Department of Transporta Lion Metropolitan Transit System North San Diego County Transit Development Board United States Department of Defense San Diego Unified Port District San Diego County Water Authority Mexico 1 July 24, 2009 File Number 3002800 Mr. Ken Wiseman Executive Director MLPA Initiative c/o California Resources Agency 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 Dear Mr. Wiseman: SUBJECT: Marine Life Protection Act Initiative Designations in the San Diego Region This letter is to express the San Diego region's concern over the designation of Marine Protected Areas (MPA). Expansion of existing, and creation of new MPAs in the region have the potential to limit the types of restoration and maintenance activities allowed to occur in the future, specifically dredging and placement of beach compatible sand. SANDAG has led shoreline management efforts in the San Diego region for many years. Based on these long-term planning efforts, beach nourishment is the preferred method to protect and restore our valuable coastline. There are numerous benefits associated with a sandy beach, for example, biological benefits, particularly when compared to a cobble beach, bluff and infrastructure stabilization and protection, public safety, protection of cultural resources, and recreation (i.e., fishing, bathing, surfing, skim boarding, snorkeling, clamming, boating, etc.). Furthermore, the San Diego region is known for its beautiful beaches and relies heavily upon beach -related tourism, which enhances the local and state economies. Therefore, SANDAG is opposed to any restrictions that would inhibit the region and its coastal cities from taking actions that support these efforts. Additionally, SANDAG is concerned that the local communities have not had adequate opportunity to engage in the process. Public workshops were just held in a few areas in order to get feedback on MPA designations, but there is concern that this may be too late in the process to actually affect the outcome. It is recommended that every community impacted by the expansion of existing and creation of new MPA designations be specifically sought out for their advice and input, particularly when a reserve area is recommended. The local community, local government staff, and/or the local government (i.e., the City Council) must be part of the process. These designations will have impacts on regional and local planning. As mentioned in previous correspondence to the Marine Life Protection Act (MLPA) Initiative, SANDAG has data and information that may be useful to MLPA Initiative decision makers, such as the findings from its regional shoreline monitoring program, its Coastal Regional Sediment Management Plan that outlines existing sand borrow sites, placement sites, and coastal resources, and the region's Nearshore Habitat Inventory. All of the data can be found on the SANDAG Web site at www.sandag.org/shoreline. Additionally, SANDAG has prepared maps that show where regional borrow sites for extraction of sand and various receiver sites for placement of sand overlap with the proposed Round 2 MLPA Initiative designations recently created by the South Coast Regional Stakeholder Group (Stakeholder Group). As you can see from the attached maps, there are potential impacts to the shoreline management efforts throughout the region. Because of this, there is concern as to whether the region will be able to implement planned replenishment and restoration activities. According to the Science Advisory Team's draft document on Beach Manipulation Activities, "the California Fish and Game Commission does not have authority to permit or prohibit beach nourishment in the marine estuarine environment (revised March 20, 2009)." Additionally, there have been instances of verbal communication from MLPA Initiative staff and members of the Stakeholder Group conveying the message that maintenance dredging and restoration activities do not conflict with the designation of an MPA, specifically State Marine Reserves. Since so much of the concern over the designation of MPAs is rooted in the unknown impacts to our regional and local shoreline management efforts, it would be helpful if the authority of the California Fish and Game Commission over extraction and placement of material and regional restoration activities were provided in writing, and included as a part of the proposed take regulations in the final Plan for the South Coast Study Region. Such language included in the take regulations for MPAs in the San Diego region could consist of "allowances for sand removal and placement on regional beaches as part of ongoing and future beach restoration activities." SANDAG supports efforts to protect environment and marine resources, and believes that MLPA Initiative objectives can be balanced with regional needs if a dialogue is allowed to occur at a local level and assurances can be made in writing. Beach erosion and environmental protection are great concerns to the region, and it is our desire that MPA designations not preclude or adversely affect shoreline management activities. SANDAG respectfully requests that the MLPA Blue Ribbon Task Force, Stakeholder Group, Science Advisory Team, and all decision -makers involved in the MLPA Initiative give careful consideration to the impacts MLPA designations and expansions may have on the San Diego region. Thank you for your consideration of this matter. Sincerely, LORI HOLT PFEILER Chair, SANDAG STU/dda Attachments: 1. MLPA and SANDAG Shoreline Management Program Round 2 Map —Lapis 1 2. MLPA and SANDAG Shoreline Management Program Round 2 Map Lapis 2 3. MLPA and SANDAG Shoreline Management Program Round 2 Map —Opal 4. MLPA and SANDAG Shoreline Management Program Round 2 Map —Topaz cc: Mike Chrisman, California Secretary for Natural Resources 5 Batiquitos SAN Lagoon SMR CARLSBAD _ �ARC_QSE't-rj- ENCINITAS San Elijo Lagoon SMR SOLANA BEACH • 0 San Dieguitoi Lagoon SMR DEL MAR \uj Penasquitos lagoon SMR San Diego -Scripps w SMCA Jolla Legend O Offshore Borrow Sites A Onshore Receiver Sites • Nearshore Receiver Sites ■ Lagoon Harbor Maintenance Receiver Sites Lapis 1 Designation State Marine Conservation Area State Marine Park State Marine Reserve N SAlYD14as 0 1 2 Miles A /V SAN DIEGO Ha Sil (South San Diego Bay) SMP 0 Tijuana River Mouth SMCA POWAY SANTEE C F CAJON LEMON GROVE CHULA VISTA 11 p - , L- Tijuana Estuary SMR IMPtAL BEACH 6 San Elijo Lagoon SMR SOLANA BEACH _ter ` San Dieguito`i Lagoon SMR La Jolla SMRfill i Legend er Offshore Borrow Sites A Onshore Receiver Sites A Nearshore Receiver Sites Lagoon Harbor Maintenance Receiver Sites Lapis 2 Designation ® State Marine Conservation Area JState Marine Park State Marine Reserve 0 1 2 Miles A 'V Penasquitos 1!agoon SMR SAN DIEGO San Diego River=SMCA Famosa Slough SMR CORONA Tijuana River Mouth SMCA 7 TIO L CITY Tijuana Estuary SMR MPBRIAL BEACH SANTEE ten LEMON GROVE V-1, CHULA VISTA i 110 ENCINITAS ARC 7 ESC�IDID San DieguitoH Lagoon SMR DEL MAR Batiquitos Lagoon SMR CARLSBAD e .� '• 1 Encinitas SMCA Penasquitos Lagoon SMR San Diego -Scripps SMCA La Jolla SMR Little Bird Rock SMR Ocean Beach SMCA Legend • Offshore Borrow Sites L� Onshore Receiver Sites • Nearshore Receiver Sites ▪ Lagoon Harbor Maintenance Receiver Sites Opal Designation State Marine Conservation Area State Marine Park State Marine Reserve '.C1IN, 0 1 2 Miles .` 111aA6 �o /V jCORONA Cabrillo SMR SAN DIEGO Sweetwater Marsh SMR Tijuana Reef SMCA Tijuana River Mouth SMCA POWAY LEMON GROVE SANTEE L CAJON TIO L CITY .. South San Diego Bay SMCA 112, Tijuana Estuary SMR IMP IAL BEA I -I 8 Batiquitos Lagoon SMR Swamis SMCA 1 CARLSBAD San Elijo Lagoon SMR SOLANA BEACH 1 M / San Dieguito t Lagoon SMR DEL MAR Penasquitos Lagoon SMR San Diego -Scripps `© SMCA !j La Jolla North SMR La Jolla South SMR La Jollaj■ South SMCA Ocean Beach SMCA Legend ® Offshore Borrow Sites Onshore Receiver Sites ♦ Nearshore Receiver Sites Lagoon Harbor Maintenance Receiver Sites Topaz Designation State Marine Conservation Area State Marine Park State Marine Reserve pN �K. 0 1 2 Miles .` /V Kendal Frost aolSMCA SAN DIEGO San Diego River! Famosa•Slough SMCA Cabrillo SMR ORONA Imperial Beach SMCA 0 9 Diego MCA POWAY J SANTEE ea L CAJON rr MESA I_ a LEMON GROVE CHULA VISTA Ua_„W. Tijuana Estuary SMR MP IAL BEA H City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT IEETING DATE: August 4, 2009 AGENDA ITEM NO. 17 ITEM TITLE REAL PROPERTY TRANSACTION FOR FORMER DAYS INN SITE; 1.07 — ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (A.P.N. 557-410-200) PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney The purpose of this report is to update the CDC Board regarding staffs effort in negotiating the sale, including the price and terms of the payment, of the former Days Inn property, a 1.07 — acre parcel located at 1640 East Plaza Boulevard, currently owned by the CDC . Executive Director Brad Raulston is the negotiator for the CDC, and the other negotiating party is The Mar Group. This is a companion item to the closed session item on the agenda. Environmental Review Al N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) ITEM #18 8/4/09 CLOSED SESSION REPORT (CITY ATTORNEY)