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HomeMy WebLinkAbout2009 12-01 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — December 1, 2009 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concems 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) NO IL: 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 interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All 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.nationalcitvca.qov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/01/2009 - 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 October 20, 2009. (City Clerk) 2. Resolution of the City Council of the City of National City authorizing the City Engineer to approve signing and striping modifications for the intersection of Hoover Avenue and W. 30 h Street to reduce conflicts with pedestrians and improve safety. (TSC Item No. 2009-24) (Development Services/Engineering Division) 3. Resolution of the City Council of the City of National City accepting the work from LB Civil Engineering, approving the final contract amount of $1,198,438.54 and ratify the filing of a Notice of Completion for the construction of the Bay Marina Drive Widening Project. (Funded by Tax Increment Funds) (Development Services/Engineering Division) 4. Resolution of the City Council of the City of National City; 1) awarding a contract to Industrial Coating and Restoration Services, Inc. for the National City Police Department Waterproofing and Staircase Repair Project in the amount of $73,000.00; 2) authorizing the Mayor to execute the contract; 3) authorizing Engineering Division to spend up to $14,600 for project contingencies and up to $7,300 for construction management, materials testing, and inspection services. (CIP project funded through General Fund) (Development Services/Engineering Division) 5. Resolution of the City Council of the City of National City approving a request for a Cooperative Work Agreement (CWA) to extend the budget authority for the National City Safe Routes to School Project, State Project No. SR2SL-5066 (014), from the June 30, 2010 expiration date to June 30, 2011 to allow for reimbursement of eligible project expenditures, and authorizing the Mayor to sign the CWA request form. (Development Services/Engineering Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/01/2009 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve removal of 45 feet of red curb "no parking" to the north of the Ball KIA dealership driveway, located at 1940 National City Boulevard, to provide additional street parking. (TSC Item No. 2009-25) (Development Services/Engineering) 7. Resolution of the City Council of the City of National City approving the First Amendment to Agreement between City and Project Design Consultants for revised scope of services, compensation in the amount of $650,000 for Fiscal Year 2010-2011, and length of Agreement for comprehensive update of the General Plan and Land Use Code and preparation of Environmental Impact Report. (Community Development) 8. Resolution of the City Council of the City of National City authorizing the Mayor to sign the Resolution of the Administrative Oversight Committee of the Regional Cooperative Care Program extending the "Agreement Establishing the Regional Cooperative Care Program." (Fire) 9. Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement in an amount not to exceed $57,005.04 with Day Wireless Systems to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, relocate antenna cables, install bi-directional antennas for public safety and other City Departments for certain projects and for on -call services. (Police) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a five-year software maintenance agreement with Northrop Grumman Information Technology, Inc. for total not to exceed amount of $210,538.00 to support the Law Enforcement Records Management System (RMS). (MIS) 11. WARRANT REGISTER #18 Warrant Register #18 for the period of 10/28/09 through 11/03/09 in the amount of $3,359,359.71. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/01/2009 - Page 4 CONSENT CALENDAR (Cont.) 12. WARRANT REGISTER #19 Warrant Register #19 for the period of 11/04/09 through 11/10/09 in the amount of $306,332.06. (Finance) NEW BUSINESS 13. Notice of Decision — Planning Commission approval of a Conditional Use Permit Application to allow an acupuncture clinic at the existing residential unit within the General Commercial — Planned Development (CG-PD) Zone located at 910 A Avenue, No. 19. (Applicant: Dynamic Health Center/Janice Martinelli) (Case File 2008-14 CUP) (Development Services/Planning Division) 14. Request to use the Granger Music Hall by the National City Historical Society for receptions on Thursday, December 3; Friday, December 4; Friday, December 11; and Saturday, December 12, 2009 from 5 pm to midnight. (Community Services) 15. Temporary Use Permit — Christmas Tree Lighting hosted by the Community Services Department on December 10, 2009 from 5 pm to 8 pm at Morgan Square, between 9th Street and National City Boulevard. This is a City sponsored event under Policy No. 804. (Neighborhood Services Division) 16. Temporary Use Permit — Tijuana Toy Run hosted by Sweetwater Motorcycles, Inc. on December 13, 2009 from 8 am to 10 am at 3201 Hoover Avenue with no waiver of fees. (Neighborhood Services Division) 17. Temporary Use Permit — Feria de Salud: Por to Familia 2010 hosted by the American Diabetes Association on March 6, 2010 from 6 am to 2 pm at Kimball Park with no waiver of fees. (Neighborhood Services Division) 18. Scheduling a Mid -Year Budget Review of the Fiscal Year 2009-2010 Annual Budget for the City of National City and the Community Development Commission of the City of National City on Saturday, January 30, 2010 at 9:00 a.m. at the Kimball Senior Center. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/01/2009 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 19. Authorize the reimbursement of Community Development Commission expenditures in the amount of $846,783.56 to the City of National City for the period of 10/28/09 through 11/03/09. (Finance) 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $24,806.56 to the City of National City for the period of 11/04/09 through 11/10/09. (Finance) STAFF REPORTS 21. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting - Tuesday — December 15, 2009 - 6:00 p.m. - Council Chambers - National City, California ITEM #1 12/01/09 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF OCTOBER 20, 2009. (CITY CLERK) City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE December 1, 2009 AGENDA ITEM NO. 2 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve signing and striping modifications for the intersection of Hoover Avenue and W. 30th Street to reduce conflicts with pedestrians and improve safety (TSC Item No. 2009-24) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Development Services/Engineering EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISSION RECOMMEDATION At their meeting on November 11, 2009 the Traffic Safety Committee approved the staff recommendation for signing and striping modifications for the intersection of Hoover Avenue and W. 30th Street to reduce conflicts with pedestrians and improve safety. I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (November 11, 2009) A-200 (Rev. 7/03) Explanation The City is in the process of resurfacing W. 30th Street between Hoover Avenue and National City Boulevard. During a site inspection, City Engineering staff noticed that the existing striping at the intersection of Hoover Avenue and W. 30th Street conflicts with pedestrian crossings for the east and south legs of the intersection. Staff recommends removal and replacement of the stop bars and legends to provide clearance from the crosswalks. Based on observation of vehicle speeds and volumes, staff also recommends removing the Yield sign for westbound right turns and installing a Stop sign to reduce conflicts with pedestrians. All work will be completed as part of the City's Street Resurfacing Project. TSC 2009-24 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE SIGNING AND STRIPING MODIFICATIONS FOR THE INTERSECTION OF HOOVER AVENUE AND WEST 30TH STREET TO REDUCE CONFLICTS WITH PEDESTRIANS AND IMPROVE SAFETY WHEREAS, the City is in the process of resurfacing West 30th Street between Hoover Avenue and National City Boulevard; and WHEREAS, inspection of the site revealed that the existing striping at the intersection of Hoover Avenue and West 30th Street conflicts with pedestrian crossings for the east and south legs of the intersection; and WHEREAS, staff recommends removal and replacement of the stop bars and legends to provide clearance from the crosswalks; and WHEREAS, based on the observation of vehicle speeds and volumes, staff also recommends removing the Yield sign for westbound right turns and installing a Stop sign to reduce conflicts with pedestrians; and WHEREAS, at its meeting on November 11, 2009, the Traffic Safety Committee approved the staffs recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve the removal and replacement of the stop bars and legends at the intersection of Hoover Avenue and West 30th Street to provide clearance from the crosswalks, and the removal of the Yield sign for westbound right turns and the installation of a Stop sign to reduce conflicts with pedestrians. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 11, 2009 ITEM TITLE: ITEM NO. 2009-24 REQUEST FOR SIGNING AND STRIPING MODIFICATIONS AT THE INTERSECTION OF HOOVER AVENUE AND W. 30TH STREET TO IMPROVE SAFETY (BY CITY ON BEHALF OF CITIZENS PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: The City is in the process of resurfacing W. 30th Street between Hoover Avenue and National City Boulevard. During a site inspection, City Engineering staff noticed that the existing striping at the intersection of Hoover Avenue and W. 30"' Street conflicts with pedestrian crossings for the east and south legs of the intersection. Staff recommends removal and replacement of the stop bars and legends to provide clearance from the crosswalks. Based on observation of vehicle speeds and volumes, staff also recommends removing the Yield sign for westbound right turns and installing a Stop sign to reduce conflicts with pedestrians. STAFF RECOMMENDATION: Staff recommends the following signing and striping modifications for the intersection of Hoover Avenue and W. 30th Street to reduce conflicts with pedestrians and improve safety: 1) Relocate Stop bars and legends 18 feet south for the south leg of the intersection. 2) Relocate Stop bar and legend 28 feet east for the east leg of the intersection. 3) Remove the Yield sign and legend for westbound right turns and install a Stop sign and legend. EXHIBITS: 1_ Location Map 2. Photos 2009-24 Location Map Pedestrian crossing for east leg of Hoover Ave. & W. 30th St. (looking north) Pedestrian crossing for south leg of Hoover Ave. & W. 30th St. (looking west) Westbound W. 30"' Street at Hoover Avenue (looking west) City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE December 1, 2009 AGENDA ITEM NO. 3 ITEM TITLE A Resolution of the City Council of National City accepting the work from LB Civil Engineering, approving the final contract amount of $1,198,438.54 and ratify the filing of a Notice of Completion for the construction of the Bay Marina Drive Widening Project. (Funded by Tax Increment Funds) PREPARED BY Barby Tipton DEPARTMENT Development ServicesEXT. 4583 EXPLANATION See attached Engineering Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The retention of $59,921.92 will be paid on Purchase Order 72425. The total contract cost was $1,198,438.54. Account No. 511-409-500-5998-3842 STAFF RECOMMENDATION Adopt the Resoluti n. BOARD / COMMIS ON REC • MME 1 • N n/a ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Notice of Completion I3. Balance Sheet marina A-200 (Rev. 7/03) EXPLANATION: The project involved construction of improvements along Bay Marina Drive (West 24th Street) from Cleveland Avenue to Marina Way (Harrison Street) within the Harbor District Specific Area Plan (HDSAP) and with the Commercial Tourist -Coastal Zone (CT -CZ). The improvements consists of widening the south side of Bay Marina Drive between Harrison Avenue/Marina Way and Cleveland Avenue; demolition of existing paving, berm, curb and gutter; removal of existing overhead utilities and power poles and under -grounding the utilities; removal of existing railroad tracks, under -drains and warning devices; removal of existing traffic signage and striping and replace with new; install new curb gutter sidewalk, dike and pedestrian ramps; new landscaping and irrigation; decorative street lighting and tree up -lighting; Lithocrete concrete paving, traffic signal modification at Bay Marina Drive and Harrison Avenue, new sewer manhole and lateral, traffic signal conduit and pull boxes for future signal; andthe closing of Harrison Avenue to through traffic. On January 26, 2009, twelve bids for the Bay Marina Drive Project were opened. The lowest bidder, L.B. Civil Construction, Inc came in at $1,060,500.30. On February 17, 2009, City Council awarded the contract to L.B. Civil construction. There were 4 Change Orders totaling 28,085.14; Change Order #1 was to address the stripping necessary to change 23rd Street from a one-way street to a two-way street in the amount of $3,303.09, Change Order #2 (voided), Change Order #3 was to install a water line sleeve to install future water services in the amount of $2,537.50 and Change Order #4 was to add slurry, spacers and casings at 3 locations undergrounding of utilities as required by AT&T in the amount of $17,468.34 and Change Order #5 was for Overtime premiums, landscape expenses and miscellaneous expenses offset by credits from utility work, and traffic signal credits in the amount of $4,476.21. There were contingency Line Item Changes in the amount of $109,853.10. The contract amount totaled $1,198,438.54. LB Civil Construction performed professional contracting service and workmanship in constructing the improvements for the Bay Marina Drive Widening Project. In additional to the construction contract, the geotechnical services totaled $35,465.86, pro1ect management totaled $71,839.50, inspections totaled $60,454.00 and utility work totaled $373,027.78.. The purpose of this resolution is to approve the final amount of the project, to accept the work performed by the contractor, to ratify the filing of a Notice of Completion and to release the retention. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM LB CIVIL ENGINEERING, APPROVING THE FINAL CONTRACT AMOUNT OF $1,198,438.54, AND RATIFYING THE FILING OF A NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE BAY MARINA DRIVE WIDENING PROJECT It appearing to the satisfaction of the Engineering Department that all work required to be done by LB Civil Engineering, for the total final amount of $1,198,438.54 for the National City construction of the Bay Marina Drive Widening Project has been completed, the City Council of National City hereby accepts said work, ratifies the filing of the Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney /Please complete this information. RECORDING REQUES I LD BY: AND WHEN RECORDED MAIL TO: THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON NOV 10, 2009 DOCUMENT NUMBER 2009-0628798 DAVID L. BUTLER; COUNTY' RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME. 3:59 PM Space above this tine reserved for Recorder's Use Only Govt. Code 27361.6 (Please fill in document title(s) on this line) Govt. Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Govt. Code 27361.6 (Additional recording fee applies) RECORDING REQUESTED BY WHEN RECORDED MALL TO: - NAME: CITY OF NATIONAL CITY - City. Clerk ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on November 17, 2009 of the Bay Marina Drive Widening Project, Specification No. 08-13 Work of improvement or portion of work of improvement under construction or alteration. Bay Marina Drive: National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with L.B. Civil Engineering Construction, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: Landscape laborers, masons, equipment operators, general laborers, electricians, carpenters and crane operators. Materials: Concrete, litocrete, asphalt, lighting, irrigation supplies, landscape plant material, sewer manhole, traffic control supplies. Equipment: Cranes, bulldozers, bob cat, trucks, pumps, paving equipment, street sweeper, loader General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: - N/A Joint tenants, tejsn 5)j r common, or other owners Dated: i (! (0 - , 2009; ignature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on Signature: /7 - / O - , 2009, at fl/ Tiv�4 (2i 77 , California. MORRISON, MAYOR I,ocOB-II To: LB Civil Construction 10650 Treena Street, Suite 212 San Diego, Ca 92131 Original Contract amount: $1,060,500,30 Start Date: February 9, 2009 Cl1 T Ut Na-IC/NAL CITY BAY MARIN, JE WIDENING SPECIFIC I NO, 08-13 Final Change Order Balance Sheet Line Item Changes ' Unit Original Contract Actual Work Delta Item LS Qty Amount Qty Amount Qty Amount 1 Mobilization LS 1.00 55,000,00 1,00 55,000,00 0.00 - 2 Water Pollution Control Implementation LS 1.00 9,000,00 1.00 9,000,00 0,00 - 3 Clearing & Grubbing SF 1.00 4,000.00 1.00 4,_000,00 0.00 - 4 AC Grind & Overlay SF 4506.00 9,012.00 3692.00 7,384.00 -814.00 (1,628.00) 36,037.50 661.50 5 7.5" AC over 6" Base (Within ROW) SF . . 7654.00 57,405.00 12459.00 93,442.50 4805.00 6 4" Sidewalk per SDRSD G-7 EA 8642.00 38,889.00 8789.00 39,550.50 147.00 7 Modified Ped Ramp (CT A88A) LF 1.00 2,300.00 1.00 2,300.00 0.00 - 8 Sawcut EA 1612.00 2,740.40 2618.00 4,450.60 1006.00 1,710.20 - 9 Street Light LS 3.00 25,500,00 3.00 25,500.00 0.00 10 Traffic Signal Modification LF 1.00 . 30,000,00 1.00 30,000.00 0.00 11 Remove Existing. Curb & Gutter LF 593.00 2,965.00 454.00 2,270.00 -139.00 (695.00) 12 Remove Existing Type "A" Dike LF 53.00 318.00 _ 53.00 318.00 0.00 - 13 Remove Striping LF 1589.00 1,906.80 1589.00 1,906.80 0.00 - 14 Striping LS 4108.00 1,437.80 4942.00 1,729.70 834.00 291.90 15 Temporary Traffic Control EA 1.00 6,500,00 1.00 6,500.00 0.00 - 16 Traffic Sign EA 18.00 3,780.00 28.00 5,880,00 10.00 2,100.00 17 Remove Existing Pedestrian Ramp SF 4,00 3,600.00 4,00 3,600.00 0.00 - 18 Decorative Painting (Lithocrete) EA 4160,00 108,160,00 4160.00 108,160.,00 0..00 - 19 Tree Up -Lighting SF 18.00 - 37,800.00 ,_ 32.00 67,200.00 14.00 29,400.00 10,625.00 20 Remove AC & Base EA 6506.00 16,265.00 8756.00 21,890.00 2250.00 21 Clear Water BMP Filtration Unit SF 2.00 3,200.00 2.00 3,200.00 0.00 - 22 Cross -Gutter per National City Modified G-12 LF 570.00 6,840.00 525.00 6,300.00 -45.00 (540.00) (90.00) - 23 8" Curb & Gutter (Type G) LS 670.00 20,100.00 667.00 20,010.00 -3.00 24 Remove Railroad Paint SF 1.00 2,600.00 1.00 2,600.00 0.00 25 Remove Existing Sidewalk EA 2500.00 5,000.00 2315.00 4,630.00 -185.00 . (370.00) - I 26 Remove.& Dispose Railroad Signal EA 1,00 2,300.00 1.00 2,300.00 0.00 Page 1 of 4 CITY OF NATIONAL CITY BAY MARINA DRIVE WIDENING SPECIFICATION NO, 08-13 Final Change Order Balance Sheet 27 Pavement Markers LS 56.00 196.00 56.00 196.00 0.00 - 28 Landscaping LF 1.00 85,000,00 1.00 85,000.00 0.00 - 29 Railroad Removal (Including Rail, ies & Ballast); Salvage Rail & Ties (Quantity Measured Along Centerline) LF 375.00 7,500.00 .326.00 6,520.00 -49.00 (980.00) 30 Remove Existing Barricade SF 115.00 862.50 120.00 900.00 5,00 37.50 31 Remove Existing Cross -Gutter EA 826.00 2,891.00 1185.00 4,147.50 359.00 1,256.50 32 Remove 6" Steel Underdrain LF 3,00 1,050.00 3.00 1,050.00 0.00 33 Dry Utility Trenching, Conduit, Appurtenances & Trench Restoration LS 3840.00 307,200.00 4005.00 320,400.00 165.00 13,200.00 - 34 Irrigation Connection & Appurtenances LF • 1.00 30,000.00 1.00 30,000,00 0.00 35 8" Sewer Services EA 54.00 8,100.00 54.00 8,100.00 0.00 - 36 Sewer. Manhole EA 1.00 6,500.00 1,00 6,500.00 0.00 - 37 Modified Ped Ramp per SDRSD (G-27) EA 3.00 6,900.00 3.00 6,900.00 0.00 - 38 Tree Removal LF 2.00 1,100.00 3.00 1,650.00 1.00 550.00 39 6" Type "A2-6" Curb & Gutter (CT Type A87A) LF 42.00 1,470.00 45.00 1,575.00 3.00 105.00 40 6" Type "A" AC Dike (_CT A87B) EA 6.5.00 1,625.00 68.00 1,700.00 3.00 75.00 41 Street Survey Monuments SF 2.00 1,050.00 2.00 1,050.00 0.00 - 42 ThermoPiastic wj Glass Beads EA 945.00 2,835.00 999.00 2,997.00 54.00 162.00 43 Pedestrian Barricade (CT Type 2) EA 2.00 11020,00 2.00 1,020.00 0.00 - 44 Blue Pavement Marker LF 1.00 11.00 1.00 11.00 0.00 - 45 Traffic Signal Conduit EA 620.00 10,540.00 672.00 11,424.00 52.00 884.00 46 #6 Pull Box per Ca!trans ES-8 SF 9.00 3,690.00 11.00 4,510.00 2.00 820.00 47 Seal Coat • SF 38310.00 6,895.80 38310.00 6,895.80 0.00 - 48 3" AC Over 9" Base (Hotel Driveway) !LF 1096.00 5,480.00 800.00 4,000.00 -296.00 (1,480.00) 18,600.00 - 49 Steel Casting LS 500.00 75,000.00 624.00 93,600.00 124.00 50 Obtain Right -of -Entry Permit from Railroad (Including Fee) CY 1.00 6,000,00 1.00 6,000,00 0.00 51 Base Subgrade for Ballast Removal (2' Depth) LF 275.00 30,250.00 266.00 29,260.00 -9.00 (990.00) 52 18" x 6" Thick Edge 65.00 71,5.00 _ 75.00 825.00 10.00 110.00 1,060,500,30. 1,165,353.40 $ 1.09,853.10 Page ; CITY OF """'ONAL CITY BAY MARIN VE WIDENING SPECIFIC _ _ J NO:08-13 Final Change Order Balance Sheet Change Orders CO#1 This change Order addresses the stripping necessary to change 23rd Street from a one-way street to a two- way street so that there will be access to businesses in the area when Harrison Avenue is closed to thru traffic. 1. $ 3,303.09 CO#2 adds slurry, spacers, casings along'BMD. Change required by. AT&T and S:DG&E (VOID) combined with. C/O 4 2 $ - CO#3 Water line sleeve 3 $ 2,537.50 C0#4 Adds slurry, spacers, casings at 3 locations. Change required by AT&T and SDG&E 4 $ 17,468.34 CO#5 Overtime premiums, landscape expenses and miscellaneous expenses offset by credits from utility work, and traffic signal credits 5 $ 4,776.21 Total Change Orders Total Contract Payments Retention $ 28,085.14 $ 1,198,438.54 $ 1,138,51.6.62 59,921.92 Page 3 of 4 CITY OF NATIONAL CITY BAY MARINA DRIVE WIDENING SPECIFICATION NO,.08-13 Final Change Order Balance Sheet This document and its purpose to balance payment, shall be considered full compensation for furnishing and installing the materials, providing labor, tools and equipment, profit, overhead and all incidentals for per -forming the work above. LB Civil Construction will not be entitled to damages or additional payment for delays as described In the 1997 edition of the Standard specifications for Public Works Construction, Section 6-6.3, for performing the work, Reco mended _ - pproval: Reviewed By: Manager (C ✓'i `I.o City mf •ato.aa ' i y Project Coordinator Acgepted By: Geoff Bonhe LB Civil Construction Contractor nsultant) Date Din Daneshfar, P.E. City of National Prin I Civii Date )1-)�.� Date a m :ab-' i Date City of National City Director of Development Services/City Engineer /05 Date Approved by,: Ron. Morrison Date Mayor - City of National City Page City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE December 1, 2009 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City, 1) awarding a contract to Industrial Coating and Restoration Services, Inc. for the National City Police Department Waterproofing and Staircase Repair Project in the amount of $73,000.00, 2) authorizing the Mayor to execute the contract, 3) authorizing Engineering Division to spend up to $14,600 for project contingencies and up to $7,300 for construction management, materials testing, and inspection services. (CIP Project funded through General Fund) 1Y PREPARED BY Kenneth Fernandez {'\ DEPARTMENT EXT. 4388 Development Services/ Engineering EXPLANATION Please see attached page with explanation. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in the amount of $95,000 in expenditure account number 001-409-500-598-1408 (General Funds). Account No STAFF RECOMMENDATION Adopt the Resoluion. r BOARD / COMMISSION REC ' M ' A 10 N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Resolution 3. Bid Opening Information Sheet 4. Bid Summary for the three lowest bidders A-200 (Rev_ 7/03) EXPLANATION The project consists of the installation of a waterproof membrane in planters and decking adjacent to the National City Police Department and repair to the two staircases at the rear of the Police Department parking facility. This project includes the removal and preservation of all plant materials in all the planters adjacent to the police station, removal of all planter soils, repair of all drains and irrigation inside the planters, removal of any loose existing waterproofing systems, preparation of all surfaces to receive the new waterproof membrane, replacement of the soil and plants, installation of a waterproof membrane and caulking of deck penetrations at the northerly end of the parking area and repair of the two staircases at the west end of the parking structure. On October 16, 2009, this project was advertised in local newspapers inviting bids. On October 29, 2009, a mandatory pre -bid meeting was held. On November 10, 2009, six (6) sealed bids were received, opened, and read to the public for the National City Police Department Waterproofing and Staircase Repair Project, Specification No. 09-20. The apparent lowest bidder was Industrial Coating and Restoration Services, Inc. Please examine the attached bid opening information sheet and bidders' proposal summary sheet for bidding information for the three lowest bidders. Staff has reviewed all the proposals and found the lowest responsive bidder, qualified to -perform the work. n addition to the Financial Statement, the total cost of the project is estimated to be $95,000. This amount includes the construction bid price of $73,000.00 plus approximately 20% ($14,600) for contingencies, and approximately 10% ($7,300) for construction management, materials testing, and inspection services. Staff recommendation is to award the contract to Industrial Coating and Restoration Services, Inc. for the National City Police Department Waterproofing and Staircase Repair Project. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INDUSTRIAL COATING AND RESTORATION SERVICES INC., IN THE AMOUNT OF $73,000 FOR THE POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT WHEREAS, the Engineering Department, in open session on November 10, 2009, did publicly open, examine, and declare six sealed bids for the Police Department Waterproofing and Staircase Repair Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Police Department Waterproofing and Staircase Repair Project to the lowest responsive, responsible bidder, to wit: INDUSTRIAL COATING AND RESTORATION SERVICES INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $73,000 with Industrial Coating and Restoration Services Inc., for the Police Department Waterproofing and Staircase Repair Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA NN l0i lAL CITy � a ` INCORPORORAA TED BID OPENING SPECIFICATION NUMBER: 09-20 PROJECT TITLE: NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIR REPAIR DATE: TUESDAY, NOVEMBER 10, 2009 TIME: 2:00 P.M. ESTIMATE: $94,000 PROJECT ENGINEER: KENNETH FERNANDEZ NO. BIDDER'S NAME (PAGE 14-15) BID AMOUNT (PAGE 16) ADDENDA (PAGE 14) BID SECURITY PAGE I8-CHECK GE I9 BOND) 1 Industrial Coating and Restoration 2534 Oceanside Boulevard Oceanside, CA 92054 $73,000.00 N/A Bond 2. RMV Construction 4079 Huerfano Avenue #118 San Diego, CA 92117 $73,999.00 N/A Bond 3. Pearl Contracting, Inc. P.O. Box 351295 Los Angeles, CA 90035 $84,500.00 N/A Bond 4. Fordyce Construction 9932 Prospect Avenue, Suite 138 Santee, CA 92071 $87,457.00 N/A Bond 5. Heffler Construction, Inc. 1800 McKinley Avenue, Suite A National City, CA 91950 S89,400.00 N/A Bond 6. RP Construction P.O. Box 8425 Moreno Valley, CA 92552 $90,000.00 N/A Bond L.f 1 T Jr INA I IUN/ALL I Y - t3W JUIYIIYIAKY PROJECT NAME: FIGURES CHECKED BY: Kenneth Fernandez NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT SPECIFICATION NO 09.20 PROJECT N0. 1408 IIFILE NO.: IBM DATE: Tuesday, November 10, 2109 I APPA RENT IOW BIDDER: Ind. Coming & Restoration SYL%, Inc. LOW BID AMOUNT: 573J0101.10 ENGINEERS ESTIMATE: S94,IUI11 NO, ITEM WATERPROOFING OF PLANERS CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE d AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE INSTALLATION OF WATERPROOF MEMBRANE ON DECKING IN UTILITY ROOM AREA CAULKING OF RAIL PENETRATIONS Engineer's Estimate UNIT UNIT COST I TOTAL LS 60,000,00 I 360,000,00 450 SF 28.00 I $12,600.00 REPAIR OF STAIRCASES 4 LS I 500.00 LS 20,000 00 SPINA PDT SLRCOM RAL.1CRS BOND or CIDC'r AFFEJA'WS- DISCI0SIJRF: ADDEND1,T15 81,500.00 $ $20,000.00 $ $94.000 11 /11 /2009 "LS 91014AN/12E NONE... SURCOMH ACTORS NONE SUBCONTRACTORS 'ES (BONDI BOND CHECK AFFIDAVIT DISC'_DEURE ADDENDUMS NONE 2 YCS Various Veinaux YES BBOND) NONE 91CNAIl1Rl'..,. 1LraluMHACTORS SIMCON(AACTORS BOND CHECK AFFIDAVR ,DISCLOSURE ADDENDS/PAS 3 FES NONE NCNB YES (BOND; NONE VERAGE (3 LOWEST DING IIndustrial Carling & Reslnrnlion Svn, Inc. RMV Construcllon, Inc. A BID .51e Ounnrlde Blvd, Oceanside. CA 92054 4079 Rneran0 Ale rue, sn. CA 92117 CONTRACTORS OUT OF A TOTAL 750s00.9264 659s17SB37 li OF 6 BIDDERS) UNIT COST TOTAL UNIT COST i TOTAL , UNIT COST 4. TOTAL UNIT COST TOTAL $ 30,000.001 $ 30,000.00 $ 26,000.00 $ 26,000.00 $ 61,460.00! $ 61 46000 $ 39,15333 3 39,153 331 37 78 $ 17,000.60 $ 26.661 $ 11,999.00 5 12.47, 5 5,610.001 $ 25.64: $ 11,536 831 1 1 3000.00I $ 3,000.00 $ I,000.001 $ 1,000.00 $ 200.001 S 2D0.001 $ I400DOI 5 1,400.0O1 ._.. I 23 000.00 8 23 000.00 3 35,000.00 1 E 35,000.00 $ 17,230.00' S 17 7D.00' $ 25 G76 67�, $ 25,076.671 II j 73A00.00 $ 73,99900 S 84,500.00 $ 77,166 83 1 2 4°0 �I 8 0 .10111. -17 910 Pearl Conlrncdo„ Inc. P.O. Flax 151155. LA, CA 90025 619403.6590 City of National City, California COUNCIL AGENDA STATEMENT mEETING DATE December 1, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City approving a request for a Cooperative Work Agreement (CWA) to extend the budget authority for the National City Safe Routes to School Project, State Project No. SR2SL-5066(014), from the June 30, 2010 expiration date to June 30, 2011 to allow for reimbursement of eligible project expenditures, and authorizing the Mayor to sign the CWA request form PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Development Services/Engineering EXPLANATION See attached. Environmental Review X N/A MIS Approval Financial Statement N/A ( STAFF RECOMMENDATION Adopt the reso tio�,� BOARD / COMMI ' ' ION RECOMMED ION Approved By: Finance Director Account No N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Cooperative Work Agreement Request Form A-200 (Rev. 7/03) Explanation The City was awarded a $432,000 Safe Routes to School Grant by the State of California, effective May 2007. A local match in the amount of $50,000 was provided through the City General Fund for a total project budget of $482,000. On November 20, 2007, per Resolution No. 2007-255, City Council awarded a contract to Republic ITS in the amount of $314,760 for construction of the National City Safe Routes to School Project, Specification No. 06-05. Work included purchase and installation of in -roadway lighted crosswalk systems, flashing beacons, school zone signing and striping, and new sidewalk around seven schools in the City. On October 6, 2009, per Resolution No. 2009-232, City Council accepted the work performed by Republic ITS with the final contract balance of $442,984.50. City Engineering is in the process of preparing project close-out documents to submit to Caltrans for remaining reimbursement of eligible project expenses. The City previously submitted and received $289,982 for reimbursement under the $432,000 grant, which leaves a maximum of $142,018 available for reimbursement. Since the budget authority for the grant expires on June 30, 2010, Caltrans District 11 staff has recommended that the City request a Cooperative Work Agreement to extend the budget authority for one additional year to June 30, 2011, in the event there are issues with processing the final project documents or final inspection by the State. Therefore, the staff recommendation is for City Council to authorize the Mayor to sign a request for a Cooperative Work Agreement to extend the budget authority for the National City Safe Routes to School Project, State Project No. SR2SL-5066(014), from the June 30, 2010 expiration date to June 30, 2011 to allow for reimbursement of eligible project expenditures. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A REQUEST FOR A COOPERATIVE WORK AGREEMENT WITH CALTRANS TO EXTEND THE BUDGET AUTHORITY FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT TO ALLOW FOR REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES WHEREAS, in 2007, the City of National City was awarded a $432,000 Safe Routes to School Grant by the State of California, which required a local match in the amount of $50,000 for a total project budget of $482,000; and WHEREAS, on November 20, 2007, the City Council adopted Resolution No. 2007-255, awarding a contract to Republic ITS in the amount of $314,760 for construction of the National City Safe Routes to School Project; and WHEREAS, on October 6, 2009, per Resolution No. 2009-232, the City Council accepted the work performed by Republic ITS with the final contract balance of $442,984.50; and WHEREAS, the City has previously submitted $289,982 for reimbursement under the grant, which leaves a maximum of $142,018 remaining available for reimbursement; and WHEREAS, the Engineering Department is in the process of preparing project close-out documents to submit to Caltrans for remaining reimbursement of eligible project expenses in the amount of $142,018. Since the budget authority for the grant expires on June 30, 2010, Caltrans District 11 staff has recommended that the City request a Cooperative Work Agreement to extend the budget authority for one additional year, to June 30, 2011, in the even there are issues with processing the final project documents or final inspection by the State. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Request for a Cooperative Work Agreement to extend the budget authority for the National City Safe Routes to School Project to allow for reimbursement of eligible project expenditures. A copy of said Request is filed in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Local Assistance Projects CWA Cycle 7 Budget Authority Lapsing June 30, 2010 (As of July 31, 2009) Dist 11. National City FSWI Year'. 2004-05 Fund Source State STIP Funds? Yes/NOI Diet ApencYName No 11 National City Project Preen SR2SL Work Type Prate*t Number Location Name Descrptbn 5066(014) Eleven High Pedestrian traffiC Walkway intersections at seven different schools (5 elementary, 1MS. In the city of National City. west of the City, bordered by Freeways and 805 and State Route 54. Inkia1 Project. Amount (for FYI $432,000 Experditute Amt (fyr EY) $289,982 UMiquidated Encumbrance Balance (for FYI $142 018 Date Balance wi1 be billed to Cakrans (nroneWearl 01/10 Requesting a CWA7 (Yes/Nol Yes Is projea consistent With orpinal scope Durpase of Appropration? Yes Wilk Protect Be Completed WIthin, ktemlty Any.. Extension? .Name of tore Impearcnerts (Yes1N0) Agency Delay For Campletbn Dentate Cade Reason for DelayCOmplehon:. Date Pltvdlnp IMO 9 Construction Issues may Yes Stephen took longer than arise during (extension Manganie,lo expected. Caltrans' request is Additional time review and for one is needed to processing year - prepare final of final June 30, submittals to invoices. 2011) Caltrans. project Submittals and inspection, which may require additional time to resolve TOTAL # OF FEDERAL PROJECTS: 1 TOTALS: $432,000 $289,982 $142,018 Signature of Approving Agency's Board or Council: Print Name: Date: Ron Morrison, Mayor of the City of National City, California 1 City of National City, California COUNCIL AGENDA STATEMENT iuEETING DATE December 1, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve removal of 45 feet of red curb "no parking" to the north of the Ball Kia dealership driveway, located at 1940 National City Boulevard, to provide additional street parking (TSC Item No. 2009-25) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Development Services/Engineering EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolutdn. BOARD / COMMISSION RECOMMED TION At their meeting on November 11, 2009 the Traffic Safety Committee approved the staff recommendation to remove 45 feet of red curb "no parking" to the north of the Ball Kia dealership driveway, located at 1940 National City Boulevard, to provide additional street parking. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (November 11, 2009) 1 A-200 (Rev. 7/03) Explanation Mr. Eddie Meyer, Maintenance Supervisor for Ball Kia dealership located at 1940 National City Boulevard, has requested removal of red curb to provide additional parking on the west side of National City Boulevard, adjacent to the dealership. Staff surveyed the site and reviewed the traffic collision history at the Ball Kia dealership driveway. No reported traffic collisions have occurred at the driveway in recent years. Currently 70 feet of red curb "no parking" exists on the west side of National City Boulevard to the north of the driveway. Staff also surveyed other dealership driveways on National City Boulevard between 18th Street and 30th Street and reviewed the traffic collision history. No reported traffic collisions have occurred at the driveways in recent years. Most driveways have between 10 and 25 feet of red curb. Driveways restricted to right turns only due to medians on National City Boulevard were at the lower end of the range while driveways with full access were at the higher end. To provide consistency with red curb zones at other dealership driveways on National City Boulevard between 18th Street and 30th Street, staff recommends removing 45 feet of red curb "no parking" to the north of the Ball Kia dealership driveway, located at 1940 National City Boulevard; to provide additional street parking. Approximately 25 feet of red curb will remain at the project driveway to provide sight distance. All work will be completed by the City Public Works Department. TSC 2009-25 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE REMOVAL OF 45 FEET OF RED CURB "NO PARKING" TO THE NORTH OF THE BALL KIA CAR DEALERSHIP DRIVEWAY, LOCATED AT 1940 NATIONAL CITY BOULEVARD, TO PROVIDE ADDITIONAL STREET PARKING WHEREAS, Mr. Eddie Meyer, Maintenance Supervisor of the Ball Kia car dealership located at 1940 National City Boulevard, has requested the removal of red curb "No Parking" to provide additional parking on the west side of National City Boulevard, adjacent to the dealership; and WHEREAS, the subject driveway has approximately 70 feet of red curb, while most driveways at the other car dealerships on National City Boulevard between 18th Street and 30th Street have 10 to 25 feet of red curb; and WHEREAS, to provide consistency with red curb zones at other car dealership driveways on National City Boulevard between 18th Street and 30th Street, staff recommends removing 45 feet of red curb "No Parking" to the north of the Ball Kia dealership driveway, located at 1940 National City Boulevard, to provide additional street parking, leaving approximately 25 feet of red curb at the project driveway to provide sight distance; and WHEREAS, at its meeting on November 11, 2009, the Traffic Safety Committee approved the staffs recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve the removal of 45 feet of red curb "No Parking" to the north of the Ball Kia dealership driveway, located at 1940 National City Boulevard, to provide additional street parking, leaving approximately 25 feet of red curb at the project driveway to provide sight distance. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 11, 2009 ITEM NO. 2009-25 ITEM TITLE: REQUEST TO REMOVE RED CURB IN FRONT OF 1940 NATIONAL CITY BOULEVARD TO PROVIDE ADDITIONAL STREET PARKING (BY E. MEYER) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Eddie Meyer, Maintenance Supervisor for Bali Kia dealership located at 1940 National City Boulevard, has requested removal of red curb to provide additional parking on the west side of National City Boulevard, adjacent to the dealership. Staff surveyed the site and reviewed the traffic collision history at the Ball Kia dealership driveway. No reported traffic collisions have occurred at the driveway in recent years. Currently 70 feet of red curb "no parking" exists on the west side of National City Boulevard to the north of the driveway. Staff also surveyed other dealership driveways on National City Boulevard between 18th Street and 30th Street and reviewed the traffic collision history. No reported traffic collisions have occurred at the driveways in recent years. Most driveways had between 10 and 25 feet of red curb. Driveways restricted to right turns only due to medians on National City Boulevard were at the lower end of the range while driveways with full access were at the higher end. STAFF RECOMMENDATION: Based on review of red curb zones and traffic collision history for auto dealership driveways on National City Boulevard between W. 18th Street and W. 30th Street, staff recommends removal of 45 feet of red curb "no parking" to the north of the Ball Kia dealership driveway, located at 1940 National City Boulevard, to provide additional street parking. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-25 Stephen Manganiello From: Eddie Meyer (eddie.meyer@ymail.com] _Sent: Thursday, September 10, 2009 4:26 PM o: Stephen Manganiello Subject: Ball Auto Group -Red Curb Removal Stephen, Per our conversation please accept this request to remove the red curb (Restricted Parking) located in front of Ball KIA dealership to access customer parking. Ball KIA 1940 National City Blvd. National City, CA 91950 Please confirm if this can be completed in the month of September. Thank you, Eddie Meyer Ball Auto Group Construction/Maintenance Supervisor 619-805-8989 9/10/2009 Location Map hi 0 Ball Kia Dealership 9400National city. lvc Ball Kia Dealership, 1940 National City Boulevard (looking west) City of National City, California CITY COUNCIL AGENDA STATEMENT 7 EETING DATE December 1, 2009 AGENDA ITEM NO. /EM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING THE FIRST AMENDMENT TO AGREEMENT BETWEEN CITY AND PROJECT DESIGN CONSULTANTS FOR REVISED SCOPE OF SERVICES, COMPENSATION IN THE AMOUNT OF $650,000 FOR FISCAL YEAR 2010-2011, AND LENGTH OF AGREEMENT FOR COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE AND PREPARATION OF ENVIRONMENTAL IMPACT REPORT. Raymond Pe, AICP 336-4259 EXPLANATION DEPARTMENT Community Development��'/ On June 16, 2009, the City Council authorized the Mayor to execute an agreement with Project Design Consultants (PDC) for consultant services for the comprehensive update of the General Plan and Land Use Code for an amount not to exceed $600,000 for fiscal year 2009-2010. The agreement allowed PDC to complete the background report for the update and to refine the scope of work, including technical studies and the environmental impact report, and to create a more detailed work program with an expected duration of 30 months (2.5 years). The amendment incorporates the revised budget, schedule, and scope of work, which identifies the key subconsultant tasks to complete the work effort. The revised scope of work would require an appropriation of $650,000 for fiscal year 2010- 2011 that would be reflected in the budget preparation process next year. The total program budget, schedule, and scope of work is consistent with the City's estimated costs and timeline to complete the update process. The proposed resolution would authorize the Mayor to execute the amended agreement with Project Design Consultants. Environmental Review An Environmental Impact Report will be prepared pursuant to the California Environmental Quality Act. Financial Statement Tax Increment Appropriation of $666,667 and General Plan Reserve Appropriation of $528,448 is sufficient for program expenditures in FY. 09/10. Approved By. Account No. finance Director STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH PROJECT DESIGN CONSULTANTS FOR A REVISED SCOPE OF SERVICES, COMPENSATION, AND LENGTH OF AGREEMENT FOR A COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE, AND THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT WHEREAS, on June 16, 2009, the City Council adopted Resolution No. 2009- 145, entering into an agreement with Project Design Consultants to provide consultant services for the comprehensive update of the General Plan and Land Use Code; and WHEREAS, the agreement contemplated and provided for the further refinement of the project scope, budget, and schedule after the completion of the background report and engagement of necessary subconsultants; and WHEREAS, Project Design Consultants has completed the background report, engaged the necessary subconsultants, and completed the refinement of the project scope, budget, and schedule; and WHEREAS, the revised scope of work will require an appropriation of $650,000 for fiscal year 2010-2011; and WHEREAS, the total program budget, schedule, and scope of work is consistent with the City's estimated costs and timeline to complete the update process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City and Project Design Consultants for the comprehensive update of the General Plan and Land Use Code, and preparation of an environmental impact report for an additional amount not to exceed $650,000 for fiscal year 2010-2011. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT DESIGN CONSULTANTS THIS FIRST AMENDMENT TO AGREEMENT is entered into on December 1st, 2009 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT DESIGN CONSULTANTS, a California corporation (the 'CONSULTANT'). RECITALS WHEREAS, on June 16, 2009, the CITY and the CONSULTANT entered into an agreement for consultant services for the comprehensive update of the General Plan and Land Use Code; and WHEREAS, the agreement contemplated and provided for the further refinement of the project scope, budget, and schedule after the completion of the backgroundreport and engagement of the necessary subconsultants; and WHEREAS, the CONSULTANT has completed the background report, engaged the necessary subconsultants, and completed the refinement of the project scope, budget, and schedule. NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: 1. To increase the CONSULTANT authorized not to exceed amount by an additional $650,000. 2. To adopt the Scope of Services, Compensation, and Length of Agreement as described in Exhibit A. With the forgoing exceptions, each and every provision of the AGREEMENT entered into on June 16, 2009 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY PROJECT DESIGN CONSULTANTS (Corporation — signatures of two corporate officers required) By: By: Ron Morrison (Nam Mayor (Print) G APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Title) (Ndme) <piIfrsr,•r[t2- (Print) / (PZ- n/% (Title) Exhibit A Table of Contents 1. Project Design Consultants Revised Scope of Work 2. DC&E Scope of Work 3. DC&E Subconsultant Scopes of Work a. Biology (Vince Scheidt) b. Cultural (Tierra Environmental) c. Noise (Illingworth & Rodkin, Inc.) d. Air Quality (Illingworth & Rodkin, Inc.) e. Hazmat (Dudek) 4. Fehr and Peers Scope of Work 5. Updated Schedule 6. Budget 1. Project Design Consultants Revised Scope of Work 2 r0' PROJECT DESIGN CONSULTANTS City of National City — General Plan Update. ( Land Use Codes and Master ERi SECTION IV: PROPOSED SCOPE OF WORK ff-selected-by-National City -to Project Design Consultants (PDC) will serve as the General Contractor in the preparation of the General Plan Update. in -this -effort. Within this capacity, PDC will work closely with City staff serving as the main miter and editor of documents to ensure consistency within the text and formatting. PDC will also assist the City with managing the project, working closely with the fellowship students and subconsultants to keep team members on task and drive the project schedule. PDC is highly capable of providing guidance and support to the fellowship students, leading public outreach efforts, preparing land use/circulation alternatives that respond to identified issues, opportunities, and constraints, and preparing a well -written, concise, easily understandable, and implementable General Plan document. The following work program identifies PDC's draft approach for completing the General Plan Update process, which has been.,This-appreach-.41-be modified as neeessary based on input from the City. DC&E and Fehr and Peers will be contracted as subconsultants through PDC. Their scopes of work are attached. I. Start Up and Data Collection by Fellowship Students A. The Consultant Team will prepare a memorandum on data needs, including digital data files of base maps, the General Plan map, and other maps available from the City, and will meet with Planning and other technical City staff as well as the fellowship students to gather existing information. PDC will work closely with National City staff to develop a program and effectively manage the work efforts of the fellowship students to ensure delivery of high -quality and relevant work products. B. To aid in the effective and efficient assemblage of data, it may be prudent to engage the range of subconsultants to further direct and focus the activities of the fellowship students. The following are potential student assignments, which may be modified or expanded, based on student backgrounds and expertise. I. Land Use and Housing: a. Identifying prince infill opportunities based on specific criteria (i.e. infrastructure availability, distance from the central business district or a commercial center, surrounding development, distance from a bus/transit stop, permitted density/intensity). b. Analyzing vacant and underutilized property, constraints to its development, and identifying its development potential to fulfill future residential and non-residential needs. c. Reviewing any existing or potential land use conflicts. d. Conducting a photo survey of the City. e. Researching historical and recent population, household, and employment trends, population and household growth, changes in demographic composition, labor force composition, income distribution. f. Researching existing housing needs, special housing needs, and projected housing needs (Regional Housing Needs Allocation). g. Identifying land use and zoning constraints that could affect the City's ability to provide needed housing. 2. Economic and Fiscal Analysis: a. Researching current characteristics of National City's economy, reviewing the evolution of the local economy over the past ten to twenty years, identifying sources of growth and revenue, and identifying the community's satisfaction with economic growth to date. b. Conducting interviews with local real estate and business representatives, staff, Chamber of Commerce, etc. to provide insight into both constraints on future growth and opportunities available. Page IV-1 Section IV: Proposed Scope of Work PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Mester EIR c. Researching past and current trends regarding costs and City spending on public facilities and services and sources and distributions of different revenues. Specitic attention could be focused on park and recreational amenities and government funding received for programs such as Safe Routes to School. 3. Circulation: a. Working with the traffic consultant to collect am and pm peak hour traffic counts for key City intersections. b. Contacting SANDAG, the San Diego Metropolitan Transit System, Ca!trans, adjacent cities, and National City transportation staff to identify existing and potential future transportation issues and planned improvements. c. Collecting information on existing and proposed transit services and ridership statistics. d. Mapping non -vehicular circulation routes including transit routes, bicycle paths, and pedestrian trails, and identifying major barriers to pedestrian and bicycle circulation. 4. Parks and Open Space: a. Mapping the City's parks and recreational open space areas and analyzing the existing quantity in terns of City standards and Quimby Act requirements. b. Using service radii from existing parks to visually represent areas or neighborhoods which may currently be deficient or more than adequately served in terns of recreational open space. c. Mapping non -recreational open space and identifying its potential for development or preservation. 5. Historic Resources: a. Mapping and listing of cultural and historic resources currently identified by the city, state, and federal agencies. 6. Hazards: a. Identifying portions of the City estimated to be within a zone of 100-year flood inundation hazard using up-to-date Federal Emergency Management Agency (FEMA) published flood insurance rate maps or other information sources available from City departments. b. Summarizing risks to land use and development posed by flood hazards. c. Researching potential issues associated with rising sea levels. d. Mapping areas with a threat of wildland/urban interface fire hazard. 7. Public Facilities and Services: a. Evaluating conditions related to public facilities and services using available documentation and support frotn City staff_ b. Developing a summary description of the existing water and wastewater system including physical facilities, sources of supply, conservation programs, and planned future expansions. System capacity, current demand, and future needs should be quantified. c. Identifying major utilities, school sites, and other major public facilities. d. Working closely with the school district to identify school capacity and need. Page IV-2 4 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, tr Land Use Codes and Master EIR 8. Existing Conditions Report a. Preparing the Existing Conditions Report covering all of the topics identified above, which will be drafted, reviewed, and edited by PDC as necessary. b. Evaluating the goals and policies of existing General Plan elements and the effectiveness of the policies and programs in achieving the City's current vision and objectives. c. Preparing summary maps of constraints/opportunities by synthesizing and overlying collected data to identify opportunities and constraints to development within the City. These maps should be prepared at both report and display -size scale. C. PDC will work in conjunction with the City to provide guidance to the fellowship students throughout their research efforts. To broaden the experience and education for the students involved in the fellowship program, PDC will invite the students to become a part of the PDC family, hire and compensate them for their efforts, hold informational/training luncheons utilizing PDC staff and subconsultants, and make our offices available for the students and for related use by the schools and City for the duration of the update effort. D. It is PDC's intent to involve the fellowship students in the initial public outreach efforts as well including the visioning workshops and the internet survey. II. Additional Background Research to be Conducted by Other Members of the Consultant Team A. It is anticipated that analysis beyond the capabilities of the fellowship students will be needed for the following topics. City planning programs generally do not cover the technical aspects of these subjects. All of these topics except for Hydrology and Water Quality will be researched by subconsultants of DC&E. However should -students -with ^ pertise in thew area` be choeen f r the fellowship-program'vied-to-therm Traffic Analysis. ... ndition• wi't be determine . Existing Covet or..ervice (LOS 2. Biological Resources. ,.r s ..a a ^tin > , ..Sivr�"t'ccic:s-anc'-v'c'�c"`g-oi Aped 3. Hydrology and Wafer Quality. Majorbodies „nd drainage . ^_ll b_ _ . ped ll-be prese nted "_ k. fo it nte„ation-will-be-+na p ditions-and groundwater--quality--will-be-sutntnarizeeLPDC will conduct research as necessary on hydrology and water quality to inform the EIR. It is anticjpated that general existing condition data will be presented on a citywide level and that more detailed analysis will be conducted on the sites to be covered in the project -specific portion of the EIR. 4. Archaeological and Historic Resources. " its bi h potent`al f r discovery' of additional-histor-ie-and-oultural-resourees-will-be-identifiefir 5, atienal ult lines-w i',=ll-be res susceptible -to -damage -or collapse in the -event -of -an Page IV-3 rPROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, pLand Use Codes and Master EIR 6. Noise. A-meniter; a ey-0f 4hc-noise eiwirenntent- ill -measure -noise levels at strategic locations -throughout -National-Gity. -Existing-condition sine contours will be prepared based on the--rneni ,: tra :e .ii1.,r„ and eed nd truck trarfc pe_ smogs statist:... T/ts a t-pre e rel anal an 7. Air Quality. The ex� quality-environlnent-in-teens-ef-m ns-will be-analyzed-and-the-City's and State's air quaIit licie will he ^ zed Trent 8. atie- trends -will -be -provided --by Keyser-Merste« , eeded 9. Climate Action Plan. DC&E will conduct research, as for -preparation -of -the Climate Action -Plan, 10. Brownfields and Hazardous Materials Investigation. SCS Engineers -conduct -research -as necessary -to -identify h. rd, ate al. situ e fNati al City nd identify Ceurmunity ision Public Participation The-devele years -and -will -serve -as the-fe • an-bysetting-parameters-upon-which the Plan input -gathered -from -the- Sehool--Board--Plant .. Commiss: and City Cou nci list o strategies -to y-eu reac tit:., . ork p It is. our'.. efforts -so -that they -may -assist -with -Me -visioning -workshops the-=visioning-woorrkshops and internet--survey-and-eenduct-any additional t rT•, researc hthabe re red a ukt of public -input, It is PDC's understanding that one citywide public outreach kickoff meeting for the General Plan Update will occur in November of 2009. In addition. public workshop sessions are anticipated to occur during the preparation of the Draft General Plan. It is anticipated that there will be three months in which additional workshops will be scheduled and that in each of these months. three workshops which will occur at the community parks. PDC will participate in all ten scheduled workshops. A. Genera( Plan Update, Newsletters #I. 1. Based on ebceas.:sne ast« tits data consetio" PDC will « Plan -issues: 2. Th suitable f ite. The --new libraries -and -schools: PDC will coordinate with City staff on the development of General Plan updates, which will be made available to the public via the City's website and other means deemed appropriate by the City. The City will be responsible for noticing all workshops. It is recommended that the notices be posted at the library parks and local schools in addition to being sent to residents and media. Page IV-4 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update. I Land Use Codes and felastef EIR B. Colman nit), -Visioning 1orkshops. Cn t. In conjunction with City staff, PDC will hold public community workshops within (p identified _.ty neighborhoods 0 ,r. goals that will be used to guide preparation of the updated General Plan. 0 2. These workshops will also identify issues that members of the community feel to be = important and that are appropriate for consideration under the General Plan. PDC will e review the Strategic Plan to identify previous issues, goals, and objectives that were , identified in the strategic planning workshops. 2. The City's five guiding principles/City Council objectives (Quality of Life, Education, Health and Safety, Business, and Development) will be used to aid in the development of General Plan goals and policies.consideration of -the Visien-Statement. 3. Background research regarding existing conditions and projected future growth will be reviewed. Regional transportation patterns as identified by SANDAG will be identified along with SANDAG Smart Growth Areas within the City. Prime infill areas identified by fellowship students and reviewed by PDC will also be examined. 4. Mandatory elements that need to be included in the General Plan and additional issues that need to be addressed such as AB32 and SB375 will should be discussed. 5. C^~•mittcc/General Pion Advi Committee composed of representatives —of •ach neighberhe a ( bu erty et^) . hieh will rta t advisory rote to the- ity ..a.t�or�=.-,zo ,�n;�r 5. A rote Youtl. Advisory Committee should -also -he —formed to -ensure -that issues .te t^ taw.. pd through . ct y-e f ~ sting. workshops, -and -planning exercises: (Refer to Notes on the Public Outreach Program at the end of the work program for additional strategies to engage children and youth in the update process). 6. Representatives of the school district, school personnel, and members of parent/teacher organizations should be part of these-eetmnittees-as--.yell public outreach meetings to better inform the process. C. Internet Outreach Support D, 1. PDC will assist the City with developing forms or surveys that the City can post on its website to obtain additional input from residents not able to attend the workshops. Most likely these forms or surveys will be the same as those provided to workshop participants. ems -process The-benefft--ef such -a -survey is -the ability to-colleet-input-from residents who -ma7 -: et--have-the-desire, time, or ability to physically attend a meeting. rasps nsc—thsn public outreach meetings, which may not be we" ^tt ailed b• • bead Page IV-5 )IaoM Jo adooS pesodoad 7 rsPROJECT DESIGN CONSULTANTS I City of National City - General Plan Update, I Land Use Codes and Master EIR representation -of -the diversity -of -the -population within National-Cit -T,he-ability--to participate in the -interne. s be e ented the p iblic throng'th ^h e n„-losai„9ws edia flier.. an.! notice.. posted through,. ether -rite..., dcctned e b., the City: The-internetsurvey-may provide a better opportuni e•.th elln pote„ 1 by produc. of this effert is a 'eT-w. could fuel a eater. v-at ;mv[ir. 2. Surve. question cnn he dratted i.. both. English and Spann h in a.. e4r.x__to-overcame potential -language -barriers: 3. Residentr ..ilia d, no« have na, hot E. D!ann:n._ fie..unis.. on c�eltaal D...._.r .,...7 G:t.. /chinch A..yiet. ..fah.tr crjri Minn-Statetnent: Based upon--the-input aMd directio., re e ,ed . r the above remaining -update -tasks, F. nera! D/an ! lndat.. ews/cttcr ill d interne. a nitd-iiewnletter Etlr 'gnif cant -issues community -that will-be-addressed-in-the-Gerierel-Plan-Update: 2. e-suhmtted botl, Engl s nd S. sh eleetr C at Jibr„rie.. and selme r arvrctrlc�-n.tn vc+tvvrr. IV. Plan Alternatives PDC wilt develop preliminary general plan land use plan alternatives for -several -transit -oriented -districts through close coordination with City staff and subconsultants to ensure consistency with identified the Vision Statement -and -initial goals and objectives. The advantages/disadvantages, opportunities/constraints, and impacts of each alternative will be analyzed to better inform the preferred plan selection. These -plans -will A. Preliminary Alternative Sketches. In addition to the preferred plan two land use/circulation alternatives will be defined for each«onsit-oriented-distriets-for-review by the City. The alternatives will be sensitive to the issues, opportunities, and constraints identified in the Existing Conditions Report and the Community Workshops. The current General Plan will be considered the baseline so there is a clear reference point for comparison and residents and stakeholders are informed of the consequences of a new General Plan. B. Plan Alternatives Conunanily Review -WeAshops. tteeee w-thc alternatives, PDC will orga: nd of 'bops--(design-eharett, -with--the community -to -review the plans:-Speeifie issues -related. tothe-ineorporatien--ef-ecanemie development strategies, land -use -and -community fort., transportation strategies, transit -and Page IV-6 Section IV: Proposed Scope of Work 00_, PROJECT DESIGN CONSULTANTS I LanCityd ofUNationalCodes Cityand M— GeneralastEIR Plan Update, se er bikeway --planning, . Reviewing plan alternatives with the community may occur during the workshops. C. Refined Alternative Plans. I. PDC will meet with the Cityand Advisor.. Cormittee f "owing the eommmunity iverkshops to discuss what revisions should be made to the plan alternatives. The alternatives will then be revised based on the outcome of these meetings. 2. The refuted Alternative Plans will may be presented to the Planning Commission, School Board, and City Council at either individual meetings or a joint meeting (i.e. the City Council Working Meetings) for review and comment. 3. If required as a result of input from the Planning Commission, School Board, and City Council, the alternative plans will be further refined. D. Technical Evaluation ofAlternafive Plans. 1. During the preparation of the plan alternatives, the advantages/disadvantages, opportunities/constraints, and impacts of eaeh alternatives will be researched and analyzed by the GPU team. Topics for evaluation include: a. Land Use, Population, and Conservation - PDC will identify impacts in terms of population, jobs/housing balance, resource preservation, healthy communities, and other factors of concern and present this information in narrative and tabular form. b. Transportation - The traffic consultant will analyze potential traffic impacts of the land use alternatives in the context of baseline traffic forecasts. Peak hour trip generation and distribution projections will be developed for each alternative. The analysis will summarize the relative congestion created by each alternative and the general level of capacity improvements that would be needed for each. c. Economic and Fiscal Impacts - Extent of analysis to be determined._The nemie i o a rmnat�c-esr,n.d-reve:.ue-eclua . and--revenu c, onditions eenstiltant win revi lana _ _ _ld __ _ _. h_ __-_ _f its _ . n ser. i__s.Asummary-of-fittatteing-toola-will ey• uy be . eed along with their advantages -and diisadv tt-and-other-shanges that -might be a . 2. An Alternative Plans Summary Report will be prepared summarizing the evaluation of the alternative plans. E. Conceptual Planning of Project Sites I. PDC will prepare conceptual sketches for specific projects that will be analyzed at the project level in the EIR. F. General P 1. Base e-meetings-with the Plan=ng-Cammissio , third Page IV-7 Section IV: Proposed Scope of Work PROJECT DESIGN CONSULTANTS I City of National City - General Plan Update. Land Use Codes and Master EIR newsletter whieh -p esei1 —and-clew ibex-4he—Fefined Plan Alternatives and briefly summarizes-thet , r t c tcchn ical evaluation-of-eaeb: 2. The newsleter will-be-ssubmittea bo -Erg is1-a., ermat suitable--for--pasting-on-the-Eity's-i+ebsite. he newslcttcr may -also be posted at -local libraries and scheels- V. Preferred Plan Selection Ogee-the-pla b t .. ha a rcfi a PDC w.0 woF ep-guidelines or-a-preferred-plan-for-eaeh-transit--erientea a'n a,siriet. Thee. The preferred plans will be closely coordinated with City staff, , and decision -makers. •th ra„ stair PDC .i1t g ttfm riiaat ��..� ..,.._•, _ _. _. ..... _'a....._._ artalysis-ati-alternaill be reviewed. workshops, PDC will meet with City w, t6e ato« „tivcs nd is -ands C. Preparation of Preferred Alternatives. PDC will prepare the preliminary preferred plans. ti c. Pla Gormeil-revievr of „re f rred-plans. E. General -Plan Update Newsletter fig. 1. Thep ill be ident' rationale -for -the alternative-plansT-the-results-of-the-preferred-plan-cemmunit,f workshops,--input-from-staff and -directs 2. The newsletter will be submitt d bothEnglish and in Spanish in an oleetro.,ieforrnat sultable-for-posting-on-the-C-ityls-website=The-newsletter i libraries -and -schools, VI. Draft General Plan and Council Working Meetings Council working meetings open to the public will be held throughout the preparation of the draft General Plan document in order to discuss and fonnalize policies that will implement the Vision and Council objectives. The five Council objectives include Development, Health and Safety, Education, Business, and Quality of Life. Goals and objectives related to each of these subjects will be presented in the relevant General Plan elements. The draft General Plan document will be closely coordinated with City staff, advisory committees; local decision -makers, and local and state agencies. A. Draft Outline. PDC will prepare an outline and format for the General Plan and review it with City staff and •he .Asor Committees. Topics that will be covered in each section will be identified. B. Council Working Meeting #1 ieics, and -implementation —measures -related to the "Development" guiding principle will be discussed.lt is anticipated that drafts of the Introduction, Land Use, Circulation, Health, Safety, and Noise Elements will be complete prior to this meeting. Page IV-8 (0 PROJECT DESIGN CONSULTANTS 1 City of National City — General Plan Update, Land Use Codes and Paster EIR C. Council Working Meeting #2 icies,-and implementation -measures ,,elated to the e k .n., S••f t gu:ding_prineip] It is anticipated that drafts of the Education, Open Since. and Conservation Elements will be complete prior to this meeting D. Council Working Meeting ti3 — , , implementation measures re ted to the "Education" guiding principle will—be—diseussed: It is anticipated that a draft of the implementation measures section of the document will be complete prior to this meeting E. Council Working Meeting lid — B smess:-6eals;-pelt `ems-aftd-i=uplernentation- measures-related-4o the `Bu ine s" guiding' Principle . illbe aic..usee. It is anticipated that a draft of the indicators section of the document will be complete prior to this meeting. F. Council Working Meeting #S — Qua • , related to -the "Quality of Life" guiding prineipl will be ai"c••ssea. It is anticipated that a draft of the Neighborhood Action Plans, Climate Action Plan, and Land Use Code will be complete prior to this meeting. G. Draft General Plan. Work on the Draft General Plan will occur prior to and throughout the Council Working Meeting process as goals and policies are developed and formalized. quired-an o-aid--in-t; e-ultimate-use and f,,n.Nien ofthe g rat „lan The elements will be prepared to include all State mandated requirements. Certain elements will be combined as permitted by State law to streamline the document and as desired by the City. Optional Eeenemie--Development, Health; and Education elements will also be included in the General Plan Update. The three E's of sustainability: Environment, Economy, and Social Equity, will be addressed within each element, 2. It is anticipated that the General Plan will cover the following topics: a. Land Use i. Land use designations, distributions, and associated densities/intensities. ii. Distribution and availability of mineral resources iii. Distribution and location of recreational, educational, and public buildings and facilities. iv. Location of future solid and liquid waste facilities. v. identification of areas subject to flooding. vi. Jobs/housing balance. vii. Enviromnental justice. viii. Universal access ix. Global climate change. x. Growth management. xi. Public facilities and services. xii. Land use diagram. xiii. Urban design and community character. b. Circulation I. Automobile, transit, pedestrian, and bicycle circulation (including universal access issues). ii_ Global climate change. iii. Navigable waterways, ports, and harbors. iv. Airports. v. Parking facilities. vi. Circulation diagram. Page IV-9 Section IV: Proposed Scope of Work I' r4 PROJECT DESIGN CONSULTANTS 1 City of National City — General Plan Update, '- Land Use Codes and Master EIRel 11 c. Conservation and Open Space i. Open space preservation (including habitat and biological conservation). ii. Parks and recreational amenities. iii. Agriculture and urban farms/gardens. iv. Green building strategies, tools, and techniques and relation to climate change. v. Alternative and potentially renewable energy sources and relation to climate change. vi. Sustainable water quality/storm water management tools and techniques. vii. Historic and archaeological resources. viii. Drainage and erosion. d. Health, Safety, and Noise i. Relationship between development patterns and public health. ii. Partner with health officials regarding land use and development decisions. iii. Preventive medical care. iv. Nutrition, physical activity, housing quality, and other factors that influence mental and physical health. v. Air quality and health related issues. vi. Pedestrian and bicyclist safety. vii. Seismic, geologic, and soils hazards. viii. Soil and water contamination issues. ix. Fire hazards. x. Hazardous materials. xi. Flooding and drainage. xii. Rising sea levels. xiii. Emergency management. xiv. Noise and nuisances. xv. Crime prevention through environmental design (CPTED). e. Housing (Note: the next RHNA will not be complete until July 2011) Potential and actual . nt c s>. inns to housing o f p f r the .alien improvement and development-ef-housing. d Housing -Element Quantification ofcxisti.,., .,..A potential housing need f. Education i. Partnership with the school district. ii. Establishing a Youth Advisory Council. iii. Tools and techniques to ensure genuine youth involvement. iv. Educational programs for people of all ages. g• Economic Development i. Employment opportunities. ii. Partnering with schools and local businesses to provide job training programs. iii. Opportunities and incentives for locally -owned businesses. iv. Social and cultural activities and programs to attract and encourage residents and visitors to support the local economy. v. Retention and expansion of industries and environmentally sustainable businesses. Page1V-10 )aoM Io edoos pasodoad %2 r� PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR vi. Improvements and programs to revitalize commercial districts. h. Local Coastal Program. i. Policies related to the Local Coastal Program should be distributed throughout the General Plan. ii. PDC will assist City staff with required amendments to the Local Coastal Program to ensure consistency with the General Plan Update. i. Implementation and Monitoring. i. Identify and describe the range of implementation and monitoring tools and techniques. 3. The General Plan elements will contain the goals and policies that will be used by the City to guide future land use decisions. In order to ensure that appropriate actions are taken to implement the General Plan, a set of implementation measures will also be provided. For each implementation measure, the policy it supports will be identified, the City department or outside agency responsible for implementation will be delineated, and a timeframe for implementation will be provided. 4. The General Plan document will be as clear and concise as possible. It will be user friendly and easy to understand with an emphasis on providing information visually by use of photographs, graphics, tables, drawings, and maps. PDC will focus on the creation of an easily implementable general plan document. H. Administrative Draft General Plan Review. City staff will review the Administrative Draft General Plan Elements. The Draft General Plan will also be routed to relevant local and State agencies for review. Speci€to-timeframes-set-by-HCD-will-be fetlowed-in-the-development-ofthe Housing Iement Because the RHNA will not be complete until July of 2011, the Housing Element will not be updated concurrently with the other elements of the General Plan. The existing Housing Element will be reviewed for consistency with the General Plan Update and amended if necessary. 4. PDC will --prepay newsletter that summarize. rn eftlie Cou. _il Working Meetingc and .:table f _ posting en-the-Gihy s irebsite : e .newsletter may also -be posted -at -local VII. Second Fellowship Program A. Neighborhood Action Plans. 1. PDC will manage a second fellowship program during the summer of 2010 in which students will be engaging neighborhood committees to refine and implement the Neighborhood Action Plans that will be part of the General Plan Update, PageIV-11 '3 rl' PROJECT DESIGN CONSULTANTS I City of National City - General Plan Update, I land Use Codes and Master EIR Vll. First Draft Cenral Plan Community -Festival A. Community Festival. t. To celebrate the -Draft General Plan and-elicitaddi"^~e' ^ Mit~�Mputr a -Community Festi al -can -be h :.'1. ith bpp:4:.,t'ea:di that identi1.. hat "____._`I f _... th_ beginning -of txc-p,vcc56 . v uic acVcIapn`nc 6ftu a m l oI a t s<.m 2. The draft General Plan d•eview-prior--to-the-Community Festival--through--the City's website,- at-local-llb ' available -for -review at the Community Fe tivnI, rding-the Dru ft Ge..orat ot.... ..t the a at:val In uddit•on ^•tunent cards-will slyprovide-input, ‘1------Following-the-Community-Festi*Apuhlic-review-of-the-Draft-General-Plawand-EIR,-PDC mil meetstaff nd the- Gen. al Pla A d_. r., CV___-nitte_e to deteimine—w a* -if .., changes should be made. to. the. Draf Central PI.. a-inpm received: B. D.....;..._ Co...,..:....:_.. rho l Boa..., a..d Ci y Couneil-Review o D • c,zn'- tan: I. The -Draft Gen. l PI ill be fi ed bas don ut from the de is.on .. _k: g bna:e_. C. General Plan Update Newsletter 116. I. PDC will pr ^letter that e t e input-received-ftem-the-publicr Naming document: 2. The -newsletter -will be submitted -be tad--at--local VIII. Draft Master Environmental Impact Report (MEIR) A. DC&E will prepare an administrative Draft Master Environmental Impact Report (MEIR) for the General Plan Update (GPU) consistent with CEQA (Refer to the attached scopes of work from DC&E and their environmental subeonsultants). and -ilia ..e..0 fame ft^ e f he Gity-of Natiettal-City- An-administrative Draft-MEIR-will be-submittedi n--e -Hie 1. Prepare a draft we dress -issues asse ' . e eetivc, chat will L. .....a to heI est bl t'�=,GIs-ax;d-abj«x,�Txa,r,-,x„x-�� ' rslra-range of alternatives appropriate -for -the General Plan. 4. Prepare -Notice -of -Preparation (NOP) for distribution by cit y statx. Assist city start with ceord ie-Seeping-Meeting. Page IV-12 f.0 CD 0 ri- o )taoM Jo adooS pasodoid /4 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR 3. his anticipated -that -the followinga the Draft ME1R. Evaluation of each -issu nditions; gni earn.;. criteri^ aets, ni :cance or' impacts, and --mitigation. The analyse., presented i__ _anl. seet_on of tl_o MEIo will _. 1 ate th_ petenti�vr--.~~~pact$-associated the-comprehensive-upd existing General Plan will be considered as will the proposed modi€ieatiens: hose-policies-te-ac-hieve- he plan'., goals of achieving environtnental quality in the Gity—hi addition ernentatien-of sustainable--grewth--strategi seetions-of-the-MEIR,-The-anticipated-issues-to-be-addressed-and-the-seope-of-work-for-the a and -Use: A discussion of inipacts in tt.e T.../l MEID will b.. i. sod tin •t / tfications represent -significant land use and-pla nn t «ge / nd usa oe patibili.y off ct as___i_' d ..itw h� i pima ,. � ..�,. ,.,.... .,� modif •ll l b dd l l •n 1, b d tl ff- d quality --impacts. The -analysis will reflect the -updated -policies -in -the -Land -Use inruendatiens-for mitigation measures ..ill he developed t,. _cd„ce potentially » anif: at.t l d impacts, b. Gottut ,.. v.. C tetro tc l.lesfh ,best A dis M sien of oemmu _.".enact.,,/aesthetie impacts-wil adifteatians- _ nt a nificant ..Range-in-t e-tio iire-oi-the-vis. al,�,a,- ctting-of the -area and the o dont to Whieh it is compat ble with—n i g-eses ,eanalysis will--be--h greenhouse ga ctmissi ality-ana pd f deal a.nbiant a alit, standards a d a tib•l l depted-air-q ty plans-#eethe£an-Diego Air-Basim - ion -biological ..f atit nd g f r tho Cit. The nfo atio :II 6 b f l._ update -of the-Conseiv ' Resources -analysis -in -the Dra :IJ�1R. e. Cultural Rcsour es: DG E .:ill nda infaniation-rys<'.ce d tar =s nhe.a history and prehistory of the City. A record search will Cuanet-ink : eirn Gentc_ ard hi5teriE naps-VIIi he reVleWedTitS-52otl6i-vithe MZEro '''ll also-ineerperate-}the-historic-information-provided by (he fellows. Tie res,?;i_,. information will serve a.. the basis f th_ update-iiH Open Space Elcinent f w General Plan a., .. ll a., the cultural Reseu.«a anetysis-in the-Draft-MElR, €. ecology: The -analysis -of -updated -geological and seist teehnieal-study-prepared in conjunction with the GPU. DC&E will-sumtmariie-the results-ef-the-geol en -into Cite-Draif-MEI-R: ublic safety impacts (e.g., wild landire-iazardeus-materials, emergency-responseTand-seismic-safety) will be based Page IV-13 rPROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR upon -pa the -GRIT anthlie -es„1 poI eies-t#at-veu}d-be-incorporated-into the- PU: cn 0 lity.=The analysis e 0 based —• te--Conservation 0 Plan: i. Noise: A discussion of the noise-iinpae study--eetnpleted by DC&E. The results of the--noise-technical-report-will-be ondary-source data,-DC&E will arsess t e potential effeets e f .he-GPU on •thin -the Gity�; neces N-be-updated: IE. n t l• c .. Tl n aft MEI .will _da._an policy . pdates an_� b:ectives_ftom-the .. as � __ _._�___ _ r____� -r _____ _ __�____. __ lice, f+re,-libraries, ana soh el5 thweugheut the -City: d-waste-aer. s •I reugheut the GHy T....n:e/!'... a..let:o... The 1 F affcicirculation will bba..e.t tirs. tc•-uto -wacvvi e City as well as the g�s—anel-p Ietnent. T} pelieies-that-addr . for the CPt r will be p a., p aHt to the CEQA Guidelines, Section 15130 and will -rely -on a sutwnary-of-p 6. In addition, the Draft MEIR will include -the No Protect n lternativ“Adopted._Gene al Pla .. .will work with eit„ staff _c planning consultnti , n ,nt_a developing-t e-apprepriate-the-alte pat v too be -considered he-l� I Fo oath . eeinparison-of-ttnpactt-s-ef-eaeh-alternativc relati.... sed Gencml Plan wild -be ineluded-in-the Draft MEIR. 7. The n an AMID .will also _a_l..de other inanaatea __tions _neluding-an executive ' , t-description, statement -of -effects--found--t e a of re {. e�•-RpfI�,GJj I�IGl lip , reports -to tl. Prepare-a-Draft-Mitigation-Manito and Reprortitn rograi. ..,ill contain a lint of tI. res-and-inonnoring programs-requiredet Page IV-14 )iaoM jo edo3S pesodoid 16 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update. I Land Use Codes and Master EIR Note; The Draft General Plaw-will-tse-reviewed-in-c-onjuriution-with-the-EIR--and-refined4o-ensure eonsisteney-aml-thatmitigatioirmea sures-arefoldedAtito-ppeliees IX. Revisions-to-theDraft-MFElft A. Based on co onto r e,t from the City of Hatienal City. . E wnr&ill « e se.l aft- Dr i. d D ; ;£ wi}I involve revisions-to-the-projeet-description,-issues-of analyses, cumulative MEIR will involve the -fallowing -task 1. Pre«are r s to the wino based a .,ts C"v"Tcity, :nu"• to ff 2. Attend up to 24 hours of meetings with-eity-staff to address -issues -and -comments associated-withthe Dnrall-*4; ID 3. Review etaff comments on -the first D Revise the Draft MEIR based on comments from city staff and provide -a -letter-that e s the uybmitted summarizingth 3. Provide 3 copies and .. ekctronie o f th td-aeeempanying techuiival . arts to the City. D e.se the Draf Mitigation 11 Aenitaring anal Deporting Program } review. Preparat' > , lei mandated ectione Preparation of the revisions to the DraftIlowing tanks• -rc. nu. with the theftMEID DEX3B 3Prepare-the-final-revisions-te-the-Praft-MEIR-based-en-c-einments-frotweity-staffi the -public -review Draft MEIR and DELyo t with-the-publie review-Dra€%MEIR . he DrsA 11rE1D based o. to the final -cheek -by -city -staff: v Provide GD s ofthe Public Deyiew Draft MEID to the City. ofNauenal Cityr f r public Page IV-t5 17 40 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update. I 1. Land Use Codes and Master EIR XI. Seeon nu"cesiivel 4 WI l„ he drat none an,1 d..,a Cen ml ntan twe_eut_to-public-review, P9C-will-organize-a fly festival -to -elicit inpur and Bette« .he EI , int the General Pla doeutnent-and-drall-ME111-will-be-displayed Sumtnaries-of-the-major-components-of-the draMEIR-an e ^..rred to the draft C_cncml Pien deeumen, einee the p_eyieu, f&Iival o.. a _exalt of eenmenents-eitlill be identified: 2. Th raft-Geneml Plan document l-be-available for review prior to the Community Fe^tiv_l tt.^o..gh Iho Cit„>^ web! ite tivah 3. Community members will -be given the opportunity-to-voiee-their-opinions-regarding the NeissleEter N . PDC will prepare a newsletter t festival: 2: Thy newsletter will be -submitted both in English and in Spanish : electreiti,. f .»,at XII. Final-EIR ::s-report will be -submitted to- the City for review, -Preparation -of 1 Attend up-to-I6-hours-of-meeting witty e:t.. stn ff-- 2 Compil lie -review: 3,-----Pmpare-dratt-responses-to-eomments-reeeived-dufirig-publie-review,-This-task-is-based-en an estimate of 25 continent letter,. not eed tnent^ hottid-additional eotnrents-b comin 4. Rased an-the-review-by4he-C' , t e inali4E1-cc needed-to-auppo•'z he-Fi:.dings/Statement-ef-Gverridingeons' city of Nationality, Page IV-16 cn CD cF r) Ot V: Proposed Scope of Work rS £�� PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I ? Land Use Codes and Master EIR F1. Prepare -a fin•-.-...al-Mi igation- :E:"itorin6_ n,d_Pepor regramr 7. Provide CD copi. oF.=-�..-she- Final-M1 tehe-City-fer-distribution- IX. Form Based Zoning Code and/or Land Use Code Revisions A. PDC will develop a Form -Based Code/Land Use Code revisions consistent with SANDAG policies and previous experience preparing form based codes. Background research to aid in the development of the Form Based Code/Land Use Code revisions will occur in conjunction with fellowship students and will include a photo survey of the City, reviewing existing regulatory conditions, and examining and analyzing existing and planned development patterns. Preparation of the Form -Based Code/Land Use Code revisions will occur simultaneously with the preparation of the General Plan Update. 1. Prepare Form -Based Code/Land Use Code document with sample hnages; illustrations, sections, and plan; tables; and text as needed with the following components: a. Transect Zones i. Overview/Definition ii. National City Transect Zones iii. Land Use Standards by Transect Zone b. Site and Building Design i. Building Types and Building Heights ii. Frontage Types iii. Building Setbacks/Building Placement iv. Encroachments v. Parking Requirements and Placement vi. Landscape Standards vii. Architectural Styles c. Circulation/Mobility i. Classifications/Hierarchy ii. Street Network Plan iii. Block Requirements iv. Street and Sidewalk Design v. Bicycles and Bicycle Network Plan vi. Transit Design and Transit Network Plan vii. Traffic Calming d. Public Spaces i. Open Space Network Plan ii. Plazas, Squares, Greens, and Parks iii. Street Trees and Streetscape e. Parking i. Surface Parking ii. Structured Parking iii. Parking Reduction Strategies f. Signage i. Sign Types ii. General Requirements iii. Size, Amount, and Location Page IV-17 CD 0 0 V: Proposed Scope of Work l q ' PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR g• iv. Prohibited Signs v. Nonconforming Signs Sustainable Design i. Climate and Environmentally Sensitive Site Design ii. Climate Appropriate Landscaping Stormwater Retention and Infiltration (LID) iv. Building Materials v. Water and Energy Conservation X. General Plan and Zoning Adoption Hearings and EIR Certification A. Public Hearings. Consultant Team will work closely with City staff and stakeholders to help ensure a strong level of community participation and preparation of high -quality staff reports in the adoption hearings for the General Plan Update, Form Based Zoning Code/Land Use Code Update. and EIR certification. B. Final General Plan. Following adoption, PDC will prepare a final version of the General Plan with a title page reflecting the action of decision -makers. PDC will also provide a final version of the Form Based Zoning Code. Both documents will be submitted in electronic format suitable for posting on the City's website. Page IV-18 :n1 u0!1.3OS -o 0 'O 0 N 0 Q 0 co 0 $P PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I land Use Codes and Master EIR Notes on the Public Outreach Program: To encourage community input as well as high levels of attendance and participation at the Community Workshops, the following strategies may be employed: I. Advertise public outreach meetings through fliers posted around town and partner with local comnntnity groups to have email blasts sent to their members. 2. Get the local news media involved have meeting times published in newspaper articles or advertised via local news television and/or radio shows — this is in addition to any required Brown Act public notices. 3. Whenever possible, conduct public meetings at venues within neighborhoods rather than exclusively at City Hall. Existing school and community centers are appropriate sites in this regard. 4. Utilize TurningPoint technology to provide real-time responses to survey questions presented in PowerPoint presentations and provide a voice to those who are reluctant to speak up at the meetings. 5. To encourage children and youth to participate, make announcements at schools regarding the opportunity to participate in the public outreach meetings. 6. Send home fliers with students encouraging parents to bring their children to the public outreach meetings. 7. Partner with schools and have teachers offer extra credit for students that participate because they will be teaming about local government processes. 8. Make meetings interesting and fun. 9. Offer small prizes/incentives to encourage students to participate at community meetings. 10. Provide hands-on activities such as having students map their routes to school (via auto, foot, or bike), identify on maps with stickers areas that they like and dislike, where they feel safe and unsafe, etc. PDC will utilize existing programs provided by APA and ULI to inform these activities. 11. Conduct individual or small group interviews with students to determine what they would do to improve the community. 12. Go on a walking tour through certain areas of the City with children and youth and have them point out places that require irnprovements and places that they like and use. 13. Provide children and youth with disposable cameras and have them photograph places that they like/dislike. Ask them to share and explain their photographs. 14. Include a link on the City's website that provides updates regarding the process and allows people to make comments at any time. 15. Keep a comment matrix which lists every comment received, the source of the conunent, staffs recormnendation, and the Planning Commission's and City Council's action on each comment. PageIV-19 :Al uoi1•30s 0 0 I'A CD 0 CD 0 —S� 7 zf 2. DC&E Scope of Work NATIONAL CITY GENERAL PLAN -- WORK SCOPE This document describes the scope of services to be completed by Design, Com- munity & Environment (DC&E) and its subconsultants for the National City Gen- eral Plan Update. DC&E will work in conjunction with Project Design Consult- ants (PDC), who is under separate contract with the City of National City; this scope of work is separate and distinct. Project Management and Meetings Brooke Peterson will provide overall project management for services completed by DC&E including coordination with PDC and the City and oversight of the pro- ject schedule, budget, and subcontractors. Brooke Peterson will attend monthly Technical Working Group meetings for the General Plan Update, Code Revisions, and environmental documents in San Diego and/or National City. David Early will attend only specific meeting as necessary and requested by the PDC and/or the City. In addition, Brooke Peterson and/or David Early will attend project team and community meetings as necessary and requested by PDC and/or the City. This scope of work includes project management and attendance at up to 30 such meetings. Task A. Stan Up and Data Collection 1. Existing Conditions Report DC&E will review and comrnent on the PDC team's Existing Conditions Report to ensure that it meets all City needs and follows progressive planning practices. 2. Memorandum on Data Needs DC&E and its subconsultants will create a memo that identifies data needs for their work on the General Plan, CAP and EIR. This memo will be incorporated into a larger memo on the same subject to be authored by PDC. DC&E will review PDC's metro that identifies data needs for its work on the General Plan. SCOPE OF SERVICES DESIGN, COMMUNITY 6 ENVIRONMENT 23 CITY OF NATIONAL CITY GENERAL PLAN UPDATE Task B. Consultant Tcarn Background Research DC&E and its subconsultants will conduct background research on the following topics, which is outside the scope of work that could be completed by the fellow- ship students. 1. Biological Resources An overview of biological resources will be presented including a listing of rare, threatened, or endangered species. The location of species and existing or potential habitat areas will be mapped. Site specific biological resource reconnaissance will be conducted on the sites to be covered in the project -specific portion of the EIR (as described below in Task I -I). However, detailed field surveys are not included. 2. Hydrology and Water Quality Major water bodies and drainage areas will be mapped. Data on average precipita- tion, variability and design storm rainfall intensity will be presented. Areas known for soil contamination will be mapped. Generic urban area pollutant types and their sources will be documented. General groundwater conditions and groundwa- ter quality will be summarized. 3. Archaeological, Historic and Paleontological Resources Areas with high potential for discovery of additional archaeological, historic and paleontological resources will be identified, and site specific cultural resource re- connaissance will be conducted on the sites to be covered in the project -specific portion of the EIR (as described below in Task I -I). However, detailed field surveys are not included. 4. Geologic, Soil, and Seismic Hazards Geologic formations and soils underlying National City will be mapped. Geologic hazard areas such as steep slopes and fault lines will be identified. Buildings and structures susceptible to damage or collapse in the event of an earthquake will be identified. Erosion potential will also be determined. 5. Noise A monitoring survey of the noise environment will measure noise levels at strategic locations throughout National City. Existing condition noise contours will be pre- pared based on the monitoring survey, current traffic volume and speed, and truck traffic percentage statistics. The contours will also be checked against previous noise research and analysis. 6. Air Quality The existing air quality environment in terms of meteorological conditions will be analyzed and the City's and State's air quality policies will be summarized. Trends toward improved air quality will be identified. SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS 2`f CITY OF NATIONAL CITY GENERAL PLAN UPDATE 7. Brownfields and Hazardous Materials Investigation The DC&E team will conduct research as necessary, to identify hazardous materials sites within the City of National City and identify remediation measures. 8. Climate Action Plan DC&E will conduct research, if necessary to support the inventory ICLEI has completed, fox preparation of the Climate Action Plan. Task C. InivalDraft Plan Preparation 1. Draft Outline DC&E will review the draft outline and fomtat for the General Plan. 2. Draft General Plan DC&E will work with PDC to advise on preparation of the General Plan, review the document, -and write specific sections as requested by PDC. Task D. City Council Workshops 1. City Council Workshops DC&E will coordinate with the PDC team on an as -requested basis to participate in the series of five City Council workshops to review the Initial Draft Plan and its concepts. 2. Additional Community Workshops DC&E will participate in up to five of the 10 scheduled additional community workshops. These additional workshops will solicit input on the plans and policies that have been identified by the City Council, and will also look at implementation issues such as the Climate Action Plan and the Zoning Code. Task E. Climate Action Plan While the City Council is reviewing the Initial Draft General Plan, DC&E will de- velop a Climate Action Plan (CAP) for National City, which will be a stand-alone document containing analysis as well as policies and programs to minimize green- house gas emissions in National City. The specific tasks to develop the CAP will include: SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS 3 25 CITY OF NATIONAL CITY GENERAL PLAN UPDATE 1. Identify Potential New Programs DC&E wilt develop a list of potential new programs, policies and actions that could be included in the CCAP to reduce GHG emissions in National City. This list will be based on best practices currently in place by other jurisdictions, and on DC&E's extensive experience in sustainability planning. We will meet with PDC and City staff to review and refute this list. 2. Detailed Greenhouse Gas Analysis. DC&E will conduct a detailed GHG analysis of the selected potential policies, ac- tions and programs, using two main modules of the CACP model: Community Analysis and Community Measures. This detailed analysis will utilize data specific to National City, including local energy use coefficients and regional growth fore- casts. 3. Administrative Draft Climate Action Plan DC&E will prepare an Administrative Draft CAP for review by City staff This document will incorporate a complete set of policies, actions and programs; the detailed GHG analysis; and timeframes for implementation. It will include sections on both government operations and community design and activity. 4. Draft Climate Action Plan DC&E will meet with PDC and City staff to review the Administrative Draft CAP. Based on City comments, DC&P will refine the GHG analysis and prepare a Draft CAI' for public review. The Draft CAP will consist of text, graphics and appendi- ces, and will include a complete and comprehensible Executive Summary. Task F. Form -Based Zoning Code DC&E will assist on an as -requested basis to work with PDC and the project team to prepare revisions to the existing Zoning Code and/or new zoning to accommo- date the potential new development associated with Smart Growth principles and techniques. DC&E will, at a minimum, conduct a peer review of the draft code revisions. These revised and/or new regulations may utilize Form Based Code typologies. Task G. Final Draft Plan Preparation 1. Final Draft Plan Based on the continents received during City Council review of the Draft General Plan, DC&E will assist, as -requested, die 1'DC team in the revision of the Initial Draft General Plan to create a Final Draft Plan for review in the FIR and consid- eration during the adoption process. SCOPE OF SERVICED PROJECT DESIGN CONSULTANTS 26 CITY OF NATIONAL CITY GENERAL PLAN UPDATE Task H. Draft Environmental Impact Report DC&F. will prepare an administrative Draft Environmental Impact Report (EIR) for the General Plan Update (GPU) which is compliant with CEQA requirements (Public Resources Code §§21000 et seq.; Title 14, California Code Regulations, 5§15000 et seq.) and the City of National City's CEQA tequiretnents, if any. The EIR will be both a program EIR covering the General Plan, the Climate Action Plan and the Zoning Code, and it will also be a project specific EIR covering the following individual projects: Street Closures/Pocket Parks; Senior Village Expan- sion; Park blaster Plans (Kimball, El Toyon, Las Palmas); and Granger Hall Rede- velopment. Preparation of the Administrative Draft EIR will involve the following tasks: • Prepare a draft work plan and detailed EIR schedule. • Attend up to 40 hours of meetings with city staff and project team to address issues associated with the Draft EIR. • Ptepate a detailed Project Description for the Draft EIR including a descrip- tion of the horizon year used in the analysis. The project description will in- clude a statement of the goals and objectives that will be used to help establish a range of alternatives appropriate for the General Plan. • Prepare Notice of Preparation (NOP) for distribution by city staff. Assist city staff with coordination and presentation at a Draft EIR Public Scoping Meet- ing. It is anticipated that the following issues will be addressed in the Draft EIR. Evalu- ation of each resource area will be organized to reflect an introduc- tion/methodology, existing conditions, significance criteria, impact analysis (includ- ing cumulative impacts), significance of impacts, and mitigation. The analyses pre- sented itt each section of the EIR will evaluate the potential for impacts associated with the update of hard uses, goals, polices, and implementation programs associ- ated with the comprehensive update of each of the General Plan elements, the Zoning Code and the Climate Action Plan. Policy statements in the existing Gen- eral Plan will be considered as will the proposed modifications. Recommendations will he made for the amendment of those policies to achieve the plan's goals of achieving environmental quality in the City. In addition, implemen- tation of sustainable growth strategics within the GPUwill be addressed within the appropriate sections of the EIIL The anticipated issues to be addressed and the scope of work for tite Draft EIR include: • Land Use. A discussion of impacts in the Draft EIR will be based on the ex- tent to which the proposed land use and GPU policy modifications represent SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS 5 27 CITY OF NATIONAL CITY GENERAL PLAN UPDATE significant land use and planning changes. Land use compatibility effects asso- ciated with the policy modifications will also be addressed and will be based on the noise, traffic, and air quality impacts. The analysis will reflect the updated policies in the Land Use Element and other associated General Plan Technical Studies. Recommendations for mitigation measures will be developed to re- duce potentially significant land use impacts. ♦ Community Character/Aesthetics. A discussion of community charac- ter/aesthetic unpacts will be based on the extent to which the proposed GPU policies and any land use modifications represent a significant change in the nature of the visual setting of the area and the extent to which it is compatible with neighboring uses. The analysis will be based on secondary source infor- mation including information from the corresponding element from the GPU. ♦ Air Quality and Greenhouse Gas Emissions. A discussion of the air qual- ity and greenhouse gas emission impacts will be based on the various technical studies that will be prepared to accompany the GPU. The air quality analysis will also address state and federal ambient air quality standards and compatibil- ity with adopted air quality plans for the San Diego Air Basin. A Health Risk Assessment is not included in this scope, but could he added as an optional task. ♦ Biological Resources. DC&E will review secondary source information bio- logical information and mapping for the City. The information will serve as the basis for the update of the Conservation and Open Space Element and as well as the Biological Resources analysis in the Draft EIR. This analysis will also consider biological impacts associated with any new water facilities or changed hydrological conditions discussed in the Utilities or Hydrology/Water Quality analyses. Preparation of this section will include consultation with ap- plicable agencies, such as the California Department of Fish and Game, the US Army Corps of Engineers and the US Fish and Wildlife Service. Projects analyzed on project -level basis will include the Park Master Plans (Kimball, El Toyon, Las Palmas). ♦ Cultural Resources. DC&P will review secondary source information re- garding the history and prehistory of the City. A record search will be per- formed at the South Coast Information Center, historic maps will be reviewed, and consultations will be held with any local historical societies or groups. This section of the EIR will also incorporate the historic information provided by the fellows. The resulting information will serve as the basis for the update in die Conservation and Open Space Element of the General PIan as well as the Cultural Resources analysis in the Draft EIR. The Granger Hall Redevelopment project will be analyzed at a project -level. ♦ Geology. The analysis of updated geological and seismic impacts will be based upon a technical study prepared in conjunction with the GPU. DC&F SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS CITY OF NATIONAL CITY GENERAL PLAN UPDATE will summarize the results of the geological analysis for inclusion into the Draft RIR • Hazards and Public Safety. The analysis of hazards/public safety impacts (e.g. wild land fire, hazardous materials, emergency response, and seismic safe- ty) will be based upon a variety of hazard and public safety studies that will be prepared to accompany the GPU and the resulting policies that would be in- corporated into the GPU. • Hydrology/Water Quality. The analysis of hydrology/water quality impacts will be based upon secondary source information and any relevant policy up- dates that are included in the update of the Conservation and Open Space Element of the General Plan. This analysis, or the individual resource areas in the EIR, will also analyze any indirect impacts associated with new water facili- ties or changes to hydrology and water quality. • Noise. A discussion of the noise impacts will be based on the noise technical report study completed by DC&R Future noise contours will be prepared based on buildout and the future traffic volumes and speed, and truck traffic percentage statistics. The results of the noise technical report will be sumhna- rizedun the Draft EIR The Senior Village Expansion project will be analyzed at a project -level. • Paleontological Resources. Using existing secondary source data, DC&E will assess the potential effects of the GPU on paleontological resources within the City. As necessaty, mitigation procedures and protocols will be updated. ♦ Population and Housing. DC&E will estimate the population and housing increases that will occur under Plan buildout, and identify any impacts that would occur from these increases. • Public Services. The Draft EIR will address policy updates and objectives from the GPU that may affect park and recreation, police, fire, libraries, and schools throughout the City. ♦ Utilities. The Draft EIR will address policy updates and objectives from the GPU that may affect water and sewer, and solid waste services throughout the City. + Traffic/Circulation. DC&E will rely on the City's separate traffic consultant to prepare an adequate analysis of traffic/circulation . DC&E will manage the work of this consultant and edit the report for inclusion in the Draft EIR Analyses of agricultural resources and mineral resources are excluded from this scope since these resources do not mist in National City. The Draft EIR will in- clude an explanation of this fact in its introductory sections. SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS 7 CITY OF NATIONAL CITY GENERAL PLAN UPDATE Ilse Draft EIR will also address cumulative impacts. The cumulative Impact analy- sis for the GPU will be prepared pursuant to the CEQA Guidelines, Section 15130 and will rely on a summary of projections contained within an adopted plan or re- lated planning documents focusing on area wide regional conditions. In addition, the Draft EIR will include the No Project Alternative (Adopted Gen- eral Plan) as well as two alternatives identified to lessen adverse environmental ef- fects. DC&E will work with city staff, the planning consultant, and other appro- priate consultants in developing the appropriate the alternatives to be considered in the EIR. For each alternative, a detailed impact analysis of each EIR issue will be addressed. A matrix comparison of inpacts of each alternative relative to the pro- posed General Plan will be included in the Draft EIR. The EIR will provide dis- cussion of the environmentally superior alternative. The Draft EIR will also include other mandated sections including an executive summary, introduction, project description, environmental setting, growth induce- ment, a statement of effects found not to be significant, significant irreversible en- vironmental changes, references, and a list of organizations and person consulted. Task I. Plan and EIR Review and Adoption 1. Public Hearings DC&E will assist the PDC Team and City staff to prepare for public bearings be- fore the Planning Commission and City Council. DC&E will attend a total of two bearings before the Planning Commission and City Council, including one each for the Draft General Plan and EIR. 2. Final EIR and Mitigation Monitoring Program The process of preparing the Final EIR will include preparation of administrative drafts and staff review (incinding legal review) and revision based on City staff comments. Following public review of the Draft EIR, DC&E will respond to comments on the EIR, prepare a Final EIR consistent with Title 14, California Code of Regulations, c15132, and Mitigation Monitoring Program. DC&E will prepare a Final EIR Addendum that includes verbatim comments received, the responses to comments, changes to the Draft EIR necessitated by the responses and a revised summary of impacts and mitigation measures. As part of this task, DC&F will also prepare an electronic version of the EIR with a search feature to be used in the environmental review process for projects. 3. Findings and Resolutions DC&E will prepare draft findings and draft resolutions to allow for certification of the Final EIR and adoption of the General Plan. These resolutions will sunnnarize significant impacts of the General Plan, present mitigation measures to reduce ian- SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS CITY OF NATIONAL CITY GENERAL PLAN UPDATE pacts to less -than -significant levels, allow adoption of the Mitigation Monitoring Program, and include, if necessary, a draft statements of overriding consideration. 4. Certification and Adoption Hearings In these final hearings, City decision -makers will review and consider certifying and adopting the Final General Plan and EIR. DC&E will attend one Planning Corn - mission and two City Council hearings. 5. Final General Plan Once the General Plan is adopted, PDC will create a Final General Plan including adopted mitigation measures and/or alternatives for distribution and archiving . DC&Ewill review this document. ASSUMPTIONS This scope of work is based on the following assumptions. If any of these assump- tions proves to be incorrect, then a contract and budget modification will be needed: • The existing conditions work completed by the Fellowship Students will he adequate to document existing conditions in the EIR for all resource issues other than those covered in Task B of this scope of work. ♦ The traffic study to be completed under a separate contract will be sufficient for use in the EIR. • The budget includes an allowance for 6 project -specific EIR analyses to be in- cluded in the EIR. If the complexity of these sites requites more work than is covered by the allowance, then a contract amendment will he needed. ♦ The budgets for the DC&E team's work on Tasks C, D, F and G are allow- ances, which will be used only for work requested by PDC or the City. If dose budgets are exhausted, then a contract amendment will be needed. ♦ Billing rates for this project are guaranteed through December 2010. Billing rates will be subject to an increase of up to six percent on January 1, 2011, and in each subsequent year thereafter. ♦ No more than 40 hours of DC&F, team staff time will he required to respond to comments on the Administrative Draft EIR, and no more than 80 hours of DC&E team staff time will be required to respond to comments on the Draft EIR. If additional labor is necessary, a contract amendment allowing addi- tional work will be necessary. • PDC and/or the City will act as a clearinghouse for comments on all adminis- trative draft documents, and will provide DC&E with a single, internally rec- onciled set of comments on each administrative draft. SCOPE OF SERVICES PROJECT DESIGN CONSULTANTS 9 31 CITY OF NATIONAL CITY GENERAL PLAN UPDATE • There will be a single round of intensive review and revision to each adminis- trative draft product prior to the screencheck draft. If PDC or the City feel that a second administrative draft is needed, a contract amendment allowing additional work will be necessary. • Revisions to screencheck drafts will focus on typographical errors, formatting and other minor edits. Such revisions will not include content changes. • DC&F. will use ArcView version 9.1-compatible shapefiles and/or geodata- bases from PDC and/or the City for the development of all maps. All Gles to be delivered to DC&E are assumed to be current, spatially accurate and aligned with one another, and referenced to a common coordinate system ap- propriate for the area. Each shapefile will arrive with the appropriate coordi- nate system definitions (i.e..PRJ files); likewise, the coordinate system of geo- databases, if applicable, will contain proper coordinate system definitions. This scope assumes that the existing GIS information, including attribute da- ta, are essentially complete and that any needed adjustments by DC&E will be minor. Additionally, DC&F will expect metadata documentation for each shapefile and/or geodatabase submitted for this project including, but not lim- ited to, data author and description, data creation date, attribute field defini- tions, and frequency of data updates. .A maximum of 10 hours will be allotted for DC&E's data quality control procedures. ♦ All products will be submitted to the City and PDC in electronic (PDF or Word) format All GIS products should be delivered in ArcIdap 9.3.1 com- patible formats. The project budget does not include printing shown in Table 2. If the City or PDC desire that DC&E supply printed copies, DC&E will do so and the painting costs will be billed at DC&E's actual cost. SCOPE OF SERVICE S PROJECT DESIGN CONSULTANTS 3Z 3. DC&E Subconsultant Scopes of Work a. Biology (Vince Scheidt) VINCENT N. SCHEIDT Biological Consultant .1I58 Occidental Street • San Diego, CA • 92122-3205 • 858-457-3873 • 858-457-1650 fax • cmail: vince,Jaaasr_com Ms. Brooke Peterson, Senior Associate Design, Community & Environment 5865 Mt. Alifan Drive San Diego, CA 92111 September 29, 2009 RE: Proposal to provide biological consulting services for the City of National City's General Plan Update programmatic Environmental Impact Report Dear Brooke: This is a proposal to provide biological consulting services for the National City's General Plan Update programmatic Environmental Impact Report (EIR). It is my understanding that National City is in the process of preparing a General Plan (GP) update, and that they have requested that up to twelve specific key projects be reviewed for project -level analysis as part of the EIR associated with the GP update process. To that end, I propose to provide the following studies under contract to you: 1- We will conduct all necessary biological background research and conduct site visits, as necessary, to document existing city-wide conditions at a level appropriate to the programmatic GP EIR. Professional Fee $4,300 2. We will assist with the preparation of a Biological Resources Impact and Mitigation Section for the programmatic GP EIR. Professional Fee $2,975 3. We will provide site characterization of up to twelve individual key project sites, with a description of existing biological resources suitable for project level analysis. Includes baseline plant, animal, and habitat inventorying and generalized vegetation mapping for each of the sites. Professional Fee, per site $1,320 4. We will prepare individual impact and mitigation sections for the above individual key projects to the extent feasible in the absence of site -specific development plans. Professional Fee, per site $990 Completion of all required research, fieldwork, and preparation of the above written materials will take approximately eight weeks from the initiation of this contract. Any additional work beyond the scope of the tasks as defined above, including meetings, supplementary field surveys, and/or related tasks as requested by you would be performed on a time -and -materials basis at a rate of $165/hour. Please note that the above scope does not include any special status or directed (protocol) field surveys for any areas of the City, including any of the individual key project sites. If this proposal is satisfactory, please sign below and remit a retainer in the amount of $5,000 and we will initiate work immediately upon receipt. Thanks for the opportunity to provide this proposal. Please contact me should you need further information or clarification. Authorized Signature: Sincerely date Vincent N. Scheidt, MA Certified Biological Consultant BIOLOGICAL INVENTORIES • FORENSICS • ENDANGERED SPECIES SURVEYS HABITAT RESTORATION • REVEGETATION 35" Cultural (Tierra Environmental) 3G TI ERRA ENVIRONIMEN`IAL SERVICES September 28, 2009 Mr. David Early Design, Community and Environment 1625 Shattuck Avenue, Suite 300 Berkeley, CA 94709 Re: Cultural Resources Services National City General Plan Update EIR Dear Mr. Early: We appreciate the opportunity to assist you with the National City General Plan Update EIR. Tierra Environmental Services (Tierra) looks forward to providing the cultural resource studies required for this project. It is our understanding that the project is an Environmental Impact Report (EIR) for the update of the National City General Plan. Tierra would provide a programmatic level analysis for the EIR and project level analysis for twelve associated key individual projects. Tierra is familiar with the area involved the CEQA cultural resources review process, and is well suited to provide the needed technical studies for this project. SCOPE OF WORK Cultural Resources A cultural resources survey for archaeological and historic resources of the proposed project will be conducted in accordance with CEQA, and related guidelines and legislation. The goals of the survey are to determine whether any cultural resources are present on the project site and if they will be affected through future development of the project area. Performing the tasks outlined below will complete the study: Support of the General Plan EIR Task I. Documentary Research. Documentary research will be conducted to establish the historical and cultural contexts for National City and identify existing conditions, potential impacts and mitigation measures for the EIR and twelve associated individual projects. This research will include the study of available materials regarding the prehistory of the area and the development of National City in the historic period. 9915 1111einrsspark Ave., Seim C. Sau Diego, CA 92131-1120 Phone: (858) 578-90r,4 A Fax: (858) 578-364( R mail: Tierra Env( aokcom 37 This research may include a visit to and review of materials available through the National City Historical Society, San Diego Historical Society, the Kile Morgan Local History Room at the National City Public Library and the California Room at the San Diego Public Library Main Branch. For the project a background literature and records search will also be conducted through the California Historical Resources information System at the South Coastal Information Center located at San Diego State University. The record search will detail the location of all known cultural resources and previous cultural resources studies within the project area and vicinity. Task 2. Native American Contact. A Native American contact program will be required to identify any Traditional Cultural Properties or Native American concerns. This program will consist of contacting the Native American Heritage Commission (NAHC) in Sacramento and requesting a Sacred Lands File check for possible traditional cultural places or significant cultural sites with the project vicinity. The NAIIC will provide a list of appropriately affiliated groups and individuals whom Tierra will send project notification letters describing the project and inviting comments. Follow-up calls will be made to those groups or individuals who do not respond to the letters. The results of the contact program will be detailed in the technical report. Because the project is a general plan it is subject to California Senate Bill 18 (SB 18). SB 18 requires cities and counties to contact, and consult with, "California Native American Tribes" before adopting or amending a General Plan, or when designating land as Open -Space, for the purpose of protecting Native American Cultural Places. The Native American Contact program initiated by Tierra should be seen as a first step in the consultation process. It is likely that Native American groups may request to initiate government to government contact without going directly through an outside consultant though the outside consultant may be present. Task 3. Report Preparation to Support the EIR. A report detailing initial findings will be prepared to support the EIR. The report will summarize the results of the research at a level appropriate to a programmatic level for the EIR and to a project level analysis for the twelve individual projects. The report will address potential impacts and mitigation recommendations for the EIR and twelve individual project sites. No cultural resources site survey, subsurface testing, data recovery or significance evaluation will be conducted as part of this proposal. In the event that cultural resources found on the project site cannot be avoided through project design or mitigation, testing may be required to fully evaluate significance and would require a revised scope and cost estimate. Should resources requiring evaluation by an architectural historian be present in the project area of potential effect, a revised scope and cost estivate will be prepared. DELIVERABLES AND SCHEDULE Deliverables will include preparation of a Draft and Final cultural resources technical report. We are prepared to commence the required study immediately, and are committed to completing the process in the timeliest manner possible. We anticipate the cultural resources technical work to take approximately four weeks to complete from the notice to proceed. COST The estimated cost for the cultural resource studies for the project is estimated at $ 18,910, as it is currently understood. We are prepared to commence work on the study immediately. Labor costs 3� and expenses will be billed monthly on a time -and -materials basis. A detailed breakdown of the anticipated costs are attached. Thank you for the opportunity. We look forward to working with you on this project. If you have any questions or observations regarding this proposed agreement, please do not hesitate to contact me. Sincerely, P. %17`,44w Patrick McGinnis Senior Archaeologist I agree with the terms and conditions stated above and hereby authorize Tierra Environmental Services to proceed with the National City General Plan EIR and associated projects cultural resources studies. Authorized Signature Date 3G7 National City General Plan EIR and associated projects Cultural Resources Cost Estimate Hours Rate Total General Plan EIR Documentary Research and Site Visits Senior Archaeologist 40 $90 $3,600 Associate Archaeologist 16 $60 $960 Records Search Associate Archaeologist 8 $60 $480 General Plan EIR Report Preparation Senior Archaeologist 40 $90 $3,600 Associate Archaeologist 16 $60 $960 Graphic Artist 32 $60 $1,920 Documentary Research and Site Visits for up to Four Individual Project Sites Senior Archaeologist 20 $90 $1,800 Associate Archaeologist 8 $60 $480 Graphic Artist 8 $60 $480 Reporting for up to Four Individual Project Sites Senior Archaeologist 20 $90 $1,800 Associate Archaeologist 8 $60 $480 Record Search from SCIC $2,000 Mileage, Copying, and Other Expenses $350 TOTAL $18,910 Optional Tasks Native American Contact Principal Anthropologist 24 $110 $2,640 Assumptions: A base map showing the project area and sphere of influence to be used in the reports will be provided by the client. A single report will suffice to cover the 12 individual project sites. If a report is needed for each individual project site is needed, a budget augment will be required. Documentary research and brief site visits will suffice for the project sites. No intensive cultural resources survey will be required for the General Plan EIR or individual project sites. 10 c. Noise (Illingworth & Rodkin, Inc.) 4( General Plan Level Noise Analysis Review Existing Noise and Vibration Data. We will review recent environmental noise and vibration studies for applicable data that could be used to describe current noise and vibration exposure in the City. Document Existing Noise Conditions. A noise monitoring program will be developed in close coordination with City Staff. Noise measurement locations will be selected based on consultation with City Staff to quantify noise levels along major thoroughfares, near significant stationary noise sources, in developing areas, or in other areas that have been problematic in the past. Eight long-term (minimum of 24 hours) and 15 short-term (10- to 15-minutes) noise measurements will be made. We assume that the measurements made to establish baseline conditions for the General Plan level analysis would adequately describe existing noise levels at four of the twelve project -specific sites. Baseline Conditions Report — Noise. I&R will prepare a Noise and Vibration Baseline Conditions Report. The Report will include descriptions of the major transportation sources and stationary noise sources in National City, summarize current noise policies set forth in the existing General Plan, other noise regulations set forth in the Zoning Ordinance and Municipal Code, describe the noise monitoring survey results, present mapped and tabularized noise exposure contours. Existing noise contour data will be calculated based upon the data collected during the existing conditions monitoring survey and traffic data provided by the City. The contours will be based on existing data, field measurements, and noise modeling results. The Report will also summarize current information on ground vibration thresholds and summarize the existing vibration environment. Assistance and Technical Review of General Plan Policies. Illingworth & Rodkin, Inc. will assist the City in updating applicable policies in the General Plan. We will identify potential noise issues or conflicts with the City's current policies and suggest improvements. We will provide technical assistance for and peer review of the Noise Element. Policies will be deleted, revised, or added as necessary to reflect staffs past experience and to reflect anticipated changes in the City. Produce Future Noise Exposure Contours. Future noise contour data will be calculated based upon future traffic data, railroad usage assumptions, and other information provided by the City. We will prepare the noise contour map on base maps supplied to us by the City in terms of Ld„ in increments of 5 decibels down to 60 dBA Ld,,. The future noise contour map will be prepared and submitted in the noise and vibration technical report. Analyze Noise and Vibration Impacts for the General Plan Update EIR. We will prepare the noise section for the General Plan Update EIR. This work will include an analysis of noise impacts, which could result from the implementation of the General Plan. These typically fall into two categories: (1) proposed land use changes that will expose new sensitive receptors to noise or vibration levels exceeding those considered normally acceptable based on the Cty's policies; and (2) changes in the noise environment in the city resulting from growth through the General Plan. Based on potential changes in noise and vibration levels along the roads and rail 42 lines, we will determine where significant impacts will occur and develop mitigation measures, if feasible, to reduce these impacts to less than significant. If, as a result of the analysis, it is determined that additional mitigation measures will be appropriate to reduce future noise impacts, these will be presented in the form of suggested policy changes. We will prepare the noise section of the ADEIR, DEIR, and respond to DC&E/City Staff comments as appropriate. Responses to public comments on the DEIR would be budgeted separately and billed in addition at our standard hourly rates. Project Level Noise Analysis The project level noise analyses would tier off of the General Plan Noise Analysis as described above. Project -specific calculations would be made for the construction and operation of these projects and noise level projections would be compared against applicable significance thresholds. Mitigation measures would be recommended to reduce significant noise impacts to Less than significant levels. Meetings. Meetings would be billed in addition at a rate of $2,600 per meeting (assumes 12 hours for meeting and travel plus reimbursable travel expenses). Budget for Noise: Baseline Conditions Report - $18,800 (Includes Reimbursable Travel Expenses) ADEIR, DEIR - $5,000 (Includes Future Noise Contour Map) Project Level Analyses- $11,200 (assumes 4 project -level analyses at $2,800 each) Total - S35,000 43 d. Air Quality (Illingworth & Rodkin, Inc.) -44 General Plan Level Air Quality Analysis The air quality analysis would include a description of the area meteorology, existing air quality conditions, regulations and planning efforts to attain or maintain air pollutant levels below ambient air quality standards. Air quality would be analyzed in terms of proposed general plan policies, land use, and circulation plan. In addition to describing the air quality setting, the following analysis would be conducted: • Plan projections in terms of population and vehicle travel changes would be assessed and emissions associated with these changes would be calculated. • Roadside concentrations of carbon monoxide would be modeled at up to l 0 of the busiest and congested intersections, based on results of the traffic study. • Overlays to identify areas of potential conflict with proposed sensitive land uses and air pollution sources would be identified, based on screening guidance. These overlay areas could be further evaluated through health risk assessments, which are described below. Estimated Cost: $12, 000 Project Level Air Quality Analyses The project level air quality analyses would tier off of the General Plan Air Quality Analysis described above. Project -specific modeling in terms of construction and operational emissions would be conducted using the URBEMIS2007 model. These emissions would be compared against significance -based thresholds. Mitigation measures to reduce any significant impacts would be identified. Sources or toxic or hazardous air pollutants that may affect new sensitive receptors would be identified. New sensitive receptors located within overlay areas identified in the General Plan air quality analysis described above would be considered to have a significant impact or require further analysis. Project specific analysis for cancer risk or health hazards is described in the optional task below. Estimated Cost (assume 4 projects trigger screening): $10,000 Cost per quantified project analysis (no HRA): $2,500 Health Risk Assessment for National City General Plan The primary objective of this assessment is to evaluate potential health risks from exposure to diesel particulate mater (DPM) at possible future residential development projects adjacent or near the major freeways in National City (State Routes 5, 54, and 805). A generalized assessment of DPM risks for future residential development near freeways will be conducted by selecting representative freeway segments from each of the three major freeways and conducting dispersion modeling of roadway DPM emissions to determine the distribution of DPM concentration levels and associated health risks in the vicinity of the freeway. These DPM risk levels can then be used to identify areas near freeways within which potentially significant risks could occur. It is assumed that up to six freeway segments will be evaluated for this general DPM analysis. The number of segments used will depend on how the traffic volumes on an individual freeway change before and after the intersection with the other freeways (e.g 1 'l 5 intersection of SR 805 with SR 54). Currently, it is assumed that two segments would be evaluated for each of the major freeways going through the City. Evaluation of health risks for both the generalized and specific projects will be conducted using dispersion modeling with the CAL3QHCR mobile source model and standard health risk calculation procedures accepted by the California Office of Health Hazard Assessment (OEI-IHA) and the San Diego Air Pollution Control District (SDAPCD). DPM emissions from freeway traffic will be calculated using the California Air Resources Board (CARB) EMFAC2007 mobile source emissions model. Since fine particulate matter, PM2.5, is another pollutant of concern with respect to health effects, a discussion of local and regional PM2.5 concentrations, emission sources, and regulations or programs to reduce PM2.5 will be discussed. As with DPM, the siting of residential developments near roadways can result in exposure to elevated PM2.5 concentrations. An additional evaluation of the effects of siting residential developments near the major freeways in the City can be conducted. This analysis would be similar to the one proposed for evaluating health risks from DPM using dispersion modeling with the CAL3QHCR model. Estimated Cost at General Plan Level is $19, 000, assuming that a general analysis of health risk (in terms of cancer risk and PM2.5) would be conducted for five representative freeway segments. The cost of conducting additional segments would be $3, 000 per segment. Project -Specific Health Risk Assessment In addition to evaluation of the generalized risk near freeways, up to twelve specific projects, assumed to be residential developments, would be evaluated for DPM health risks at the project level. Project -specific siting information would be used in developing risk estimates for these projects. Depending on the location of these specific projects, the results from the generalized analysis may be applicable to these projects and further detailed evaluation may not be required. Estimated Cost for Project Specific Analysis of DPM and PM2.5 would be $2, 500 per project. Since we do not know about the projects, we are providing a cost estimate on a per project basis. It could be possible that no project -specific analysis are required or several would be required. Discussion of Non -Freeway Sources Affecting Health Risk in National City In addition evaluating health risks from DPM, a general discussion potential health risks and air pollutant hazards from other sources in or adjacent to the National City will be provided. This discussion will rely on available studies and information sources. Air quality dispersion modeling is not proposed for this discussion of other sources. Estimated Cost for this General Plan level discussion is $2,000 2 .46 e. Hazmat (Dudek) 17 DUDES{ CORPORATE OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 1 800.450,1818 F 760.942.5206 October 2, 2009 David Early DCE Planning 1625 Shattuck Avenue, Suite 300 Berkeley, CA 94709 Re: National City General Plan E!R — Hazardous Materials Dear Mr. Early: In response to your request, Dudek has prepared this proposed scope of work for a program level and project level hazardous material studies. Program Level Setting The purpose of the program level investigation is to identify areas of hazardous materials concern within the city boundary and sphere of influence (study area) in order to assist in making Informed decisions relative to potential hazardous materials impacts on future projects. Dudek will conduct an environmental database search of the study area in order to identify sites that are known to be chemical handlers, hazardous waste generators, or polluters. The database search will identify sites in the study area and within the American Society for Testing and Materials (ASTM)-standard search radii of the study area boundary. The current ASTM Standard (E 1527-05) was prepared in accordance with EPA's All Appropriate Inquiry (AAI) Rule. Therefore area study search distances will be in conformance with both the ASTM Standard E 1527-05 and AAI. Dudek will review and compile a list of sites with potential environmental hazards. The list can be sorted be geographical area or other criteria. The list can be used to determine the potential for impacts due to environmental hazardous based on the density or number of sites identified within each region. Dudek assumes that one key member of the Hazardous Materials team will attend a Kick-off Meeting and two additional meetings. Dudek assumes that the duration of time that will require Dudek's presence at each meeting will be up to 3 hours. Estimated Cost - $2,500 4 DUDEK Page 2 Program Level Impacts and Mitigation Measures Dudek will prepare a list of potential hazardous and typical mitigation measures that would be required for a project level analysis. Estimated Cost - $2,000 Project Level Setting Dudek will provide project level hazardous materials analysis for 12 proposed project sites. This proposal assumes that 5 of the 12 proposed project sites will be located on or adjacent to properties with open/activate hazardous materials cases with a local oversight agency. Dudek assumes that additional research will be required for 5 proposed project sites and consist of a file review of up to 3 open/active cases at the County of San Diego Department of Environmental Health. Dudek will also identify sites within the proposed project study area that are included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, in order to assist in addressing the questions in the CEQA checklist relating to Hazardous Materials. This scope of work assumes that the agency files contain analytical data for each site. However, it is possible that open cases have not included the collection of data as of yet. Additionally, it is possible that older, closed cases have been discarded and therefore the data is not available for review. In the cases where data is not available, risk calculation is not possible without collection of new analytical data through sampling activities, which is not included in this scope. Estimated Cost - $12,500 Project Level Impacts and Mitigation Measures Dudek will identify potential hazardous materials impacts and corresponding mitigation measures relative to the proposed projects. This analysis may include human health risk analyses (if sufficient data is available), recommendations for worker health and safety, proposed project materials handling requirements, and hazardous materials specific permit requirements. Estimated Cost - $ 10,000 DUDEK PaRe 3 Dudek appreciates this opportunity to assist you. If you have any questions, or require further discussion, please contact me at (760) 479-4131. Sincerely, Derek Reed, P.E. Senior Environmental Engineer 50 4. Fehr and Peers Scope of Work 51 The scope of services for the Update to the City of National City General Plan includes four main tasks including Project Initiation, Transportation Element of the General Plan, Transportation Element of the EIR, the Climate Action Plan, and Meetings. Task 0 —Project Initiation As part of this initial work on the project, Fehr & Peers will attend a two-day meeting with Project Design Consultants (PDC), DC&E, and the City of National City to finalize the scope and review available documents. It is anticipated that this meeting will require the attendance of at least 2 Fehr & Peers staff persons per day. The purpose of this meeting is to generate a final scope of services for the traffic study. Task 1- Transportation Element of the General Plan Task 1.1- Data Collection Task 1.1.A- Review of Existing Documents We understand that the college student "fellows" have developed a significant amount of existing data and that the City has average daily traffic counts for use in the transportation analysis. We will review the existing background report prepared by the college student "fellows" related to Transportation. Task 1.1.B- Existing Traffic Counts We estimate that new intersection traffic counts will be required at up 30 locations for use in the subsequent road closure studies and development project -level traffic assessments. We anticipate that we would collect up to 20 locations initially within the City and then collect counts at an additional 10 locations once we have identified where either roadway closures require detailed study or these traffic counts are needed to support detailed project review. These locations will be selected through consultation with the Project Team and National City Staff. Task 1.2- Travel Demand Model Support Task 1.2.A- Review Model Update/Calibration We anticipate that the City of National City and SANDAG would be developing the travel model forecasts using the Series 11 version of the SANDAG Model. We anticipate that the model development effort will proceed as follows: • SANDAG wilt do initial calibration/validation runs using existing land uses and transportation network components • Upon validation of the SANDAG model, The City of National City will provide SANDAG staff with changes to the Series 11 SANDAG Model related to land use data and the roadway network reflecting both the existing and proposed General Plans. Our role in this effort will be to review the updated/calibrated version of the Series 11 SANDAG Model, and coordinate with City and SANDAG staff as required. 52 Task 1.2.B — Prepare Technical Memo Outlining Model Review We will summarize the results of the Task 1.2.A review in a technical memo and provide the memo to City Staff and the Project Team. Further coordination with the City of National City and SANDAG will be undertaken as required to ensure a fully calibrated model to support the subsequent forecasting activities. Task 1.3- Developing Transportation Policy Elements Task 1.3.A- Summary of Existing Condition In this task, the focus will be on summarizing existing roadway segment operations. We anticipate that the current Existing Conditions report prepared by the City will provide the basis for preparation of the summary of Existing Conditions. Task 1.3.B- Development of Multi -Modal Street Typologies As part of this task, we will develop standard cross -sections for City Roadways that provide accommodations for vehicles as well as other modes of travel. We will begin by reviewing the City's existing standard roadway cross -sections and make recommendations related to the development either of new roadway cross -sections or through modifications to existing cross - sections. We anticipate that we would develop three (3) new example cross -sections and obtain local examples of each proposed facility. As part of this task, we would also review the proposed cross -sections for Plaza Boulevard to verify whether this roadway requires the addition of transit -only lanes or whether mixed -flow lanes with accommodations for transit would be more appropriate. Task 1.3.C- Develop Up to 10 Street Cross -Sections along Community Corridors Through initial discussions with the City, we determined that there is a significant level of interest in several roadways (16th, 18th, etc) which are considered to be "Community Corridors". It is anticipated that each of these roadways may be reconstructed or improved to create an environment which is more conducive to walking and biking and less accommodating for automobiles. As such, we would further study these corridors to recommend modifications which may include additional sidewalks, bicycle facilities, traffic calming, and other similar improvements. For budgeting purposes, we anticipate that we would select ten (10) locations along these corridors and perform the following actions: • Conduct a field visit • Measure the physical roadway features (pavement width, sidewalk width, building locations, landscaping, etc) • Obtain the existing right-of-way from the City • Develop an altemative cross-section for each location • Revise this proposed cross-section after consultation with the Project Team and City Staff Task 1.3.0- Review of Street Closures A key issue identified by the City is one of street closures. As such, the City of National City is interested in selective street closures that might allow the creation of a pocket park or another localized amenity. To facilitate the analysis of the street closures, we anticipate that the following process would be followed: 53 • Potential street closures would be identified by the Project Team and City Staff • We will then develop a set of traffic related evaluation criteria related to the street closures and review these criteria with City Staff. We will also identify any criteria which might serve as fatal flaws. • We will screen out all of the available closures using our evaluation criteria. We anticipate we would screen up to 20 potential roadway closure locations. • We will conduct a detailed analysis of circulation impacts at up to 10 locations. This detailed analysis will consider the affect of this closure upon the nearest major intersection, the affect on nearby parking, and the elimination of any access points for nearby properties. Task 1.3.E- Detailed Circulation Review of Harbor Driverfidelands/Civic Center Another key issue identified by the City is the overall circulation pattern at the confluence of Harbor Drive, Tidelands Avenue, and Civic Center Drive. We recommend the following process to address circulation issues in this area including: • A review of existing conditions including any available traffic data and a field visit with City Staff • A review of improvements proposed by recent Caltrans study work • A review of available traffic forecasts from the SANDAG Model • Development of up to three (3) concepts to address long-range traffic conditions which may include revisions to the roadway network, modifications to traffic control, and other similar changes Task 1.3.F- Detailed Circulation Review for Area west of National City Boulevard, South of 22m Street and north of 241h Street. Based on discussions with City Staff, the area described above is one which the City would like some additional circulation review. One of the issues is the re -opening of Wilson Avenue in conjunction with closure of Hoover Avenue. As part of this circulation review, we propose the following approach: • A review of existing conditions including any available traffic data and a field visit with City Staff • A review of available traffic forecasts from the SANDAG Model • Development of up to three (3) concepts which include closure of Hoover and re -opening of Wilson, along with associated revisions to the roadway network, modifications to traffic control, and other related changes Task 1.3.G- Consideration of Shuttle Service. Routes. and Operations In this task, we will provide a brief evaluation of proposed shuttle routes. We will evaluate two shuttle routes and develop conceptual ridership forecasts for these routes. Additionally, we will uprovide the City with standard costs of operating a shuttle and provide the City with a conceptual cost estimate for capital and annual operating costs for a shuttle. Task 1.3.H- Development of Goals and Policies Related to Autos. Transit, Bikes, and Pedestrians Using Data from Tasks 1.3.A through 1.3.G, we will develop goals and policies for inclusion in the General Plan Circulation Element related to transportation facilities. This effort will include case study reviews and recommendation for alternative LOS thresholds for specified urban/mutli-modal corridors within National City. It is anticipated that we would develop an initial set of goals and policies and provide those to the Project Team and City Staff for their initial review. Once this initial review is complete, we will update goals and policies as necessary. Task 1.4 Analysis of Draft Land Use and Transportation Facilities Task 1.4.A- Horizon Year Forecasts Application of the SANDAG will provide forecasts for the 2030 Horizon Year for the following scenarios: • Existing General Plan • Proposed General Plan Our role in this task will be to summarize the forecasts and provide an initial review to ensure that they are appropriate for use in the General Plan Update and EIR. Task 1.4.B- Determine Roadway Deficiencies Using the forecasts data we received in Task 1.4.A, we will note any deficient roadway segments using standardized roadway segment LOS thresholds. We will prepare a graphic noting these deficiencies for Project Team and City Staff review. Task 1.4.C- Identify Potential Roadway Improvements Using the list of deficient roadway segments from Task 1.4.B, we will recommend appropriate roadway improvements within National City. If we determine that a roadway segment can not be improved through consultation with the Project Team and City Staff, we will note that as well. Any roadway improvements that can be implemented will be shown on a graphic for use in the General Plan Circulation Element. We anticipate that this map will also identify any potential street closures and changes in localized circulation as determined in Tasks 1.3.D, 1.3.E, and 1.3.F. Task 1.4.D- Proposed Non -Roadway Transportation Improvements Using the data from other tasks (Task 1.3.B, Task 1.3.C, etc.), we will identify other transportation improvements which might include but not be limited to the following: • New or extended sidewalks • New or extended bicycle routes • New or extended on -street bicycle transit • Shuttle routes We will prepare a map of these improvements for use in the General Plan Circulation Element as appropriate. Task 1.5- Detailed Traffic Analysis Related to Potential Development Projects It is our understanding that concurrent with the General Plan, National City is interested in analyzing impacts associated with several proposed development projects which include the following (listed in the order of priority): • Senior Village • Las Palmas Park • Waimart Expansion (Waimea would be expected to contribute financially to include this project in the EIR) • Granger Hall Redevelopment • El Toyon Park • Kimball Park • Plaza Bonita Expansion (Plaza Bonita would be expected to contribute financially to include this project in the EIR) Given the budget constrains, only the Senior Village and Las Palmas Park projects will be studied within the proposed scope, with the analyses of the remaining five (5) projects assumed to be optional tasks. Task 1.5.A- Traffic Impact Analysis for Senior Village and Las Palmas Park For each development location, we will perform the following analysis: • We will determine existing intersection LOS for intersections immediately surrounding the project site. We are assuming that we would analyze no more than 15 total intersections and that these locations would be covered in Task 1.3.A. • Any new counts for these detailed studies will be addressed through Task 1.1.B (which includes a recommendation that we postpone collecting all of the new traffic counts until the street closures have been identified and the development locations identified as well). • Any future traffic forecasts will be provided by Task 1.4.A. • We will note any additional project impacts at the intersection locations identified above. • For any impacts identified, mitigation measures will be recommended. Task 1.5.B- Traffic Impact Analysis for Five (5) Remaining Development Projects (Optional task @ additional cost) • Waimart Expansion • Granger Hall Redevelopment • El Toyon Park • Kimball Park • Plaza Bonita Expansion Task 2- Transportation Elements of the EIR Task 2.1 Summarize Impacts within National City Task 2.1.A- Summarize Impacts to Roadway Segments We will summarize identified roadway segment impacts associated with the General Plan Land Use Scenario. Task 2.1.13- Evaluate Non -Roadway Impacts Concurrent with the review of impacts related to Roadway Segments, we will also evaluate impacts related to bicycles, pedestrians, and transit. We will consult with the Project Team and National City Staff to determine significance criteria for these non -roadway impacts. Task 2.2- Recommend Changes to Circulation Element Based on the results of this analysis, we may recommend changes to the General Plan Circulation Element. These changes may include modifications to the roadway network or other adjustments as necessary to limit impacts. If we are unable to fully mitigate any impacts through changes to the Circulation Element, we will consult with the Project Team and City of National City. Task 2.3- Evaluate Traffic Impacts Outside of National City We will also assess traffic impacts outside of National City, associated with the proposed General Plan. However, we can not determine at this time what specific locations would be studied without further consultation with SANDAG, the City of San Diego, Ca!trans, and other agencies. For scoping purposes, we have assumed that we woutd study up to ten (10) freeway or roadway segments. Task 2.4- Prepare Draft Transportation Section Our scope assumes that we would prepare the Transportation Section for the EIR using an outline developed by DC&E. We will prepare a draft Transportation Section and provide the document to the Project Team and City Staff for review. Task 2.5- Update EIR Section In this task, we will update the EIR Section in response to Project Team and City Staff comments. Our scope assumes one round of comments. Task 2.6- Response to Comments Our scope assumes that we would budget 30 hours of staff time to prepare responses to comments on the EIR. Task 3- Climate Action Plan Task 3.1- Identify Emission Reduction Strategies Fehr & Peers will compile a list of emission reduction strategies previously developed through our previous work related to the following studies: • Irvine Climate Action Plan • Urban Land Institute Publication "Growing Cooler" (partially authored by Fehr & Peers) • Our participation in the Regional Targets Advisory Committee (RTAC) for SB 375 • Our recent work for SCAG related to the development of a regional travel demand management (TDM) tool • Our development of a transit/TDM sketch planning tool for various COG's within Southern California A key element regarding this list of implementation measures is the use of available data and research to quantify the effects of these measures for use in the analysis as opposed to the 57 collection of new data. Fehr & Peers will identify, quantify, and document these emission reduction strategies through the following process: • For each implementation measure, Fehr & Peers will define the measure, the implementing party (directly done by the City or through City development approvals), the likely reduction, the source for this reduction, and any caveats/limitations as applicable. • Fehr & Peers will then recommend a preliminary set of implementation measures for consideration by the Project Team and then prepare a final estimate of VMT reductions associated with these measures. • Fehr & Peers may modify this list of implementation measures based on whether or not the overall based on feedback from the Project Team and the City of National City. We will prepare a technical memorandum summarizing our proposed emission reduction strategies and revise those strategies following the receipt of comments from the Project Team and the City of National City. Task 4- Meetings Task 4.1- Staff Meetings Our scope assumes that we would attend up to 10 meetings which may include meetings with the Project Team, City Staff, outside agencies, or other parties as necessary. It is anticipated that our Project Manager would attend all 10 of these meetings and our Principal -in -Charge would attend 4. Task 4.2- Public Meetings Our scope assumes that we would attend up to 2 public meetings. It is anticipated that our Project Manager would attend both of these meetings and our Principal -in -Charge would attend 1. 5. Updated Schedule 5-9 City of National City Comprehensive General Plan Update, Land Use Code, and EIR Proposed Schedule ID ITask Name 1 Duration Start Finish 2009 2010 2011 Qtr11 Qtr2 1 Otr3 J_attr4 I Qtr1 Ctr2 1 Qtr3 1 Qtr4 Qtr1 1 City Council Meeting - Awarding of Contract 0 days Tue 6/16/09 Tue 6/16/09 6/16 2 Background Research by Fellowship Students 10 wks Mon 6/22/09 Fri 8/28/09 ♦ /17 3 City Council Meeting - Student presentation 0 days Mon 8/17/09 Mon 8/17/09 4 Additional Work on Background Report 32 days Mon 8/31/09 Tue 10/13/09 10/20 ♦ 1211 5 City Council/Planning Commission Joint Meeting 0 days Tue 10/20/09' Tue 10/20/09 6 Refinement of Scope of Work/Engagement of Subconsultants 1.8 wks Tue 10/20/091 Fri 10/30/09 7 Additional Background Research by Technical Subconsultants 3 wks Mon 11/2/09 Thu 11/19/09 8 Amendment of Contract to Include Full Subconsultant Budgets 0 days Tue 12/1/09 Tue 12/1/09 9 Public Outreach (Approx. 10 community Meeting, 10.2 mons Sat 11/14/09 Sat 9/4/10 10 Council WorkingTTownhail Meetings (Aprox. 5 Meetings) 4.3 mons Tue 2/23/10 Tue 6/22/10 giallignaig 11 Development of Draft General Plan and Related Documents 11 mons Mon 11/16/09 Tue 9/28/10 - ---w -, -•-- - » --- 12 13 Land Use Code Update/Revisions Ain ion Neighborhood Committees to (Engaging ans) 11 mons 1.._./2. 0 wks Mon 11/16/09 Tue 8/22/101 Tue 9/28/10 _�_ Mon 8l30/10 _.. .._ _ ._ ... _.._ 14 Technical-Stuud'res//Environmental Impact Report Adoption Hearings 12 mons 1 mon Wed 3131/10 Tue 3/1/11 Mon 2/28/11 Mon 3/28/11 15 Project: Schedule 10-30-09 Date: Tue 11/17/09 Task giajammlaang Milestone ♦ External Tasks Split . , ,1 1 1, 1 , 1. 1 , 1 . ,1 1 Summary �1,1 o4 External Milestone • Progress Project Summary Deadline 1S Page 1 6. Budget 6' National City Comprehensive General Plan Update, Land Use Code, and EIR Budget DC&E and Environmental Subconsultants Tasks Budget Project Management and Meetings 35,250 Start Up and Data Collection 6,860 Background Research 63,750 Initial Draft Plan Preparation 22,560 City Council Workshops 17,200 Climate Action Plan 46,050 Peer Review of Form Based Code 27,100 Final Draft Plan Preparation 17,810 Draft EIR Preparation (Program Level Components) 126,815 Draft EIR Preparation (Project Level Components) 83,810 Public Review and Adoption 28,200 Expenses 24,595 TOTAL $500,000 Fehr and Peers Traffic Consultant Tasks Budget Project Initiation 7,500 Data Collection 8,350 Travel Demand Model Management 5,260 Development of Transportation Policy Elements 51,160 Analyze Draft Land Use and Transportation Facilities 13,100 Detailed Traffic Analysis Review for up to 6 Projects 6,580 Transportation Elements of EIR 33,120 Climate Action Plan 14,290 Meetings 10,640 TOTAL $150,000 PDC (previously appropriated by Council) Tasks Budget Start Up and Data Collection/Management of Fellowship Program 60,000 Additional Background Research/Revisions to Background Report 8,000 Public Participation/Outreach Support 30,000 Conceptual Planning/Plan Alternatives 25,000 Council Working Meetings 18,000 Draft Plan Preparation 170,000 Management of Second Fellowship Program 60,000 Form Based Code/Land Use Code Revisions 125,000 Public Review and Adoption/Preparation of Final Documents 24,000 Project Management/Meetings 80,000 TOTAL $600,000 62 IIEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 1, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to sign the Resolution of the Administrative Oversight Committee of the Regional Cooperative Care Program extending the "Agreement Establishing the Regional Cooperative Care Program" PREPARED BY Roderick Juniel, Fire Chief (619) 336-4550 EXPLANATION This Resolution will extend the "Agreement Establishing the Regional Cooperative Care Program" (entered into on July 1, 2008) for a period of one year, terminating on July 1, 2010. This extension is for the purpose of meeting the initial intent of the agreement and all sections of the original agreement, except as expressly modified by this Resolution, will remain in full force and effect. The RCCP is a collaborative effort for enhancing emergency medical services (EMS) in the east and south portions of San Diego County's Zone 4 and the City's ambulance contract provider, American Medical Response (AMR). The member fire agencies (Chula Vista, National City, San Miguel, La Mesa, Lemon Grove, Bonita-Sunnyside, and Imperial Beach) established a committee structure to research and develop a pilot program to facilitate a functional consolidation of EMS management, oversight, training, medical direction and quality assurance and improvement programs. The RCCP improves the quality of patient care delivered in Zone 4 through standardization of high quality training and unified quality DEPARTMENT Fire assurance and improvement programs. Environmental Review J N/A Financial Statement Approved By: Finance Director The cost of the RCCP is divided between American Medical Response (AMR) and member Agencies. All revenue available to National City for the RCCP will come as revenue generated through the AMR Paramedic Franchise Fee generated and disbursed by AMR There is no cost to the General Fund. Account No. 130-12000-3034 STAFF RECOMMENDATION Staff recommends authorizing the Mayor to sign the Resolution of the Administrative Oversight Committee of the Regional Cooperative Care Program extending the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution. e_.)nn mnionm1 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE RESOLUTION OF THE ADMINISTRATIVE OVERSIGHT COMMITTEE OF THE REGIONAL COOPERATIVE CARE PROGRAM TO EXTEND THE "AGREEMENT ESTABLISHING THE REGIONAL COOPERATION CARE PROGRAM" WHEREAS, on July 1, 2008, Chula Vista, National City, San Miguel, La Mesa, Lemon Grove, Bonita-Sunnyside, and Imperial Beach, entered into an Agreement establishing the Regional Cooperative Care Program (RCCP) to facilitate a functional consolidation of emergency medical services (EMS) management, oversight, training, medical direction, and quality assurance and improvement programs; and WHEREAS, as part of that Agreement, there was established an Administrative Oversight Committee; and WHEREAS, the member agencies desire to extend to July 1, 2010, the Agreement Establishing the Regional Cooperative Care Program for a period of one year as provided for in Section 16 of the Agreement Establishing the Regional Cooperative Care Program by executing a Resolution of the Administrative Oversight Committee of the Regional Cooperative Care Program Extending the "Agreement Establishing the Regional Cooperative Care Program". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Resolution of the Administrative Oversight Committee of the Regional Cooperative Care Program to Extend the "Agreement Establishing the Regional Cooperation Care Program" for a period of one year to July 1, 2010. Said Resolution is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney City of National City, California COUNCIL AGENDA STATEMENT OETING DATE December 1, 2009 9 AGENDA ITEM NO • ITEM TITLE Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement in an amount not to exceed $57,005.04 with Day Wireless Systems to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, relocate antenna cables, install bi-directional antennas for public safety and other City Dertments for certain projects and for on -call services. PREPARED BY Ronni Zengota, Operations Assistant (ext. 451 DEPARTMENT Police EXPLANATION It is requested that Council waive the formal bidding requirements as allowed in Section 12 of the Purchasing Ordinance #1480, and in Chapter 2.60.220 of the Municipal Code. Special circumstances exist, and it is in the City's best interest to take advantage of this opportunity for the following reasons: Day Wireless Systems has maintained and serviced the City's 2-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables and provided preventative maintenance on City radios and also public safety radios since approximately 1999. Day Wireless is the certified Motorola vendor for the Regional Communication System (RCS) of which the City of National City is a member. This agreement in the amount not -to -exceed $57,005.04, through June 30, 2010, allows the parties to extend the agreement for three additional one-year terms. Environmental Review ✓ N/A Financial Statement Amounts are budgeted in respective departments and cannot exceed the following: Police Department — $40,000.00 Fire Department — $13,109.16 Neighborhood Services/Miscellaneous—$3,895.88 Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Jay Wireless Agreements / Quotes A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BIDDING PROCESS BASED ON SPECIAL CIRCUMSTANCES, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAY WIRELESS SYSTEMS IN AN AMOUNT NOT TO EXCEED $57,005.04 TO PROVIDED MAINTENANCE, SERVICE, AND INSTALLATION OF THE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS, RELOCATE ANTENNA CABLES, AND INSTALL BI-DIRECTIONAL ANTENNAS FOR PUBLIC SAFETY AND OTHER CITY DEPARTMENTS, AND FOR CERTAIN PROJECTS AND FOR ON -CALL SERVICES WHEREAS, the City desires to employ a contractor to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, Fire Department, and Neighborhood Services; and WHEREAS, the City has determined that Day Wireless Systems is a technical equipment repair and installation company specializing in public safety systems, and is qualified by experience and ability to perform the services desired by the City, and Day Wireless Systems is willing to provide such services for an amount not to exceed $57,005.04; and WHEREAS, Section 2.60.220 of the National City Municipal Code provides that the requirements of formal bidding may be disposed with when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure, or when a particular type or make of commodity or equipment has been standardized by the City by order of the City Manager or City Council; and WHEREAS, Day Wireless Systems has maintained and serviced the City's two-way radio communications equipment since 1999, and changing the service to another vendor would entail additional costs to integrate the Day Wireless system with the new vendor's system, which are the special circumstances in support of waiving the bidding process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves waiving the bidding process based on special circumstances, and authorizes the Mayor to execute an agreement with Day Wireless Systems to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, relocate antenna cables, and install bi-directional antennas for public safety and other City departments, and for certain projects and on -call services for an amount not to exceed $57,005.04. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS THIS AGREEMENT is entered into this —"day ok` e{il , 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and U.S. MOBILE WIRELESS COMMUNICATIONS, INC., a corporation, dba Day Wireless Systems, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, the Fire Department, and Neighborhood Services of the City of National City. WIIEREAS, the CITY has determined that the CONTRACTOR is a technical equipment repair and installation company specializing in public safety systems, and qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, CONTRACTOR maintains, installs, and services two-way radio communications equipment; maintains infrastructure on site for mobile and portable radios related to two-way radios; services and rents cellular, portable and mobile radios; performs preventative maintenance on radios; and, relocates antenna cables. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibits "A", "B", and "C", which generally consists of maintaining, installing, and servicing the department's two-way radio communications. POLICE DEPARTMENT also will have CONTRACTOR perform other related work such as radio installations, cableing, modem installations, antenna installations, and other work as directed and approved by the CHIEF OF POLICE. Day Wireless Agreement Through June 30, 2010 Page 1 of 1 B. SCOPE OF SERVICES — FIRE DEPARTMENT. The CONTRACTOR shall perform services as set forth in Exhibit "D", which generally consists of maintaining, inspecting and servicing the department's two-way radio communications systems. C. SCOPE OF SERVICES — NEIGHBORHOOD SERVICES. The CONTRACTOR shall perform the services set forth in Exhibit "E", which generally consists of relocating an 800 Mghz radio base station and antenna cable from the Redevelopment area to the Neighborhood Services back office located in City Hall. D. SCOPE OF SERVICES — AS NEEDED SERVICES. The CONTRACTOR shall perform services as needed and requested by the CITY, based on the labor rates set forth in Exhibit "F". The "Field Rate" applies to work performed by CONTRACTOR on CITY premises and the "Shop Rate" applies to work performed by CONTRACTOR done at its premises. The services which CITY may request CONTRACTOR to perform as needed, include but are not limited to maintaining, installing, and servicing two-way radio communications equipment; maintaining infrastructure on site for mobile and portable radios related to two-way radios; servicing and renting cellular, portable and mobile radios; performing preventative maintenance on radios; and, relocatimg antenna cables. E. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR 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 20% from the base amount for each department. 3. PROJECT COORDINATION AND SUPERVISION. Dave Noteware hereby is designated as the Project Coordinator for the POLICE DEPARTMENT, Mark Gundert hereby is designated as the Project Coordinator for the FIRE DEPARTMENT, Ron Williams is designated as the Project Coordinator for Neighborhood Services and for as -needed services. They will monitor the progress and execution of these Agreements as they pertain to their departments or areas of responsibility. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Amador Macias thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The total amount for all work performed under this Agreement shall not exceed fifty-seven thousand five dollars and four cents ($57,005.04). This total amount includes the following limits on the amounts payable based on the scopeS of work identified above in Section 2. A. POLICE DEPARTMENT The total cost for all work performed for the Police Department shall not exceed forty -thousand dollars ($40,000). This not to exceed amount includes the specific projects for the specific dollar amounts set forth in Exhibits "A", "B", and "C", which Day Wireless Agreement Through June 30, 2010 Page 2 of 2 total $25,700.00, and up to the remaining balance for additional as -needed work. The total cost for all work includes actual work performed and products. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. B. FIRE DEPARTMENT The total cost for all work performed for the Fire Department shall not exceed $13,109.16, as detailed in Exhibit "D". The total cost for all work includes actual work performed and products. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. C. NEIGHBORHOOD SERVICES The total cost for all work performed for Neighborhood Services shall not exceed $1,895.88, as detailed in Exhibit "E". The total cost for all work includes actual work performed and products. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. D. AS -NEEDED SERVICES The total cost for all as -needed services performed for the CITY, other than for work referenced in Section 4.A., shall not exceed two -thousand dollars ($2,000). The total cost for all as -needed work includes actual work performed and products. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. E. MAINTENANCE OF DOCUMENTS The CONTRACTOR 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. LENGTH OF AGREEMENT. The term of this Agreement is through June 30, 2010,. The parties may mutually agree to extend this Agreement on the same terms and conditions for three additional one-year terms. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY and CONTRACTOR 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 CONTRACTOR Day Wireless Agreement Through June 30, 2010 Page 3 of 3 3 shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR 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. 7. INDEPENDENT CONTRACTOR. 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 CONTRACTOR nor the CONTRACTOR'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 CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. Day Wireless Agreement Through June 30, 2010 Page 4 of 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR 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 CONTRACTOR 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. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the Day Wireless Agreement Through June 30, 2010 Page 5 of 5 CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR 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 CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR 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 CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, 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 II Day Wireless Agreement Through June 30, 2010 Page 6 of 6 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees, with limits sufficient to satisfy statutory requirements. In addition, the policy shall be endorsed with a waiver of subrogation as to the CITY. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR 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. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. 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 CONTRACTOR 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. 17. 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 Day Wireless Agreement Through June 30, 2010 Page 7 or 7 7 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. 18. 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. 19. 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 CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall he personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return Day Wireless Agreement Through June 30, 2010 Page 8 of 8 receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Chief of Police City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Amador Macias Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego, CA 92126-1072 Fire Chief City of National City 1243 National City Blvd National City, CA 91950 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. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Day Wireless Agreement Through June 30, 2010 Page 9 of 9 9 Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Tirne Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of 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, Day Wireless Agreement Through June 30, 2010 Page 10 of 10 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. L. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. M. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. 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 U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS (Corporation — signatures of two corporate officers) By: LLQQ Gordon D. Day, Preient By: �- �►.w Jack Gilbert, CEO Day Wireless Agreement Through June 30, 2010 Page I 1 of 1 I // ACORD_ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)10/2/2009 PRODUCER (503) 241-0154 FAX: (503) 542-0625 T""--liam and Bates Agencies Inc SW Washington .___=e 250 Portland OR 97205-3554 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED US Mobile Wireless Communications, DBA: Day Wireless Systems 4700 SE International Way Milwaukie OR 97222 Inc. INsuRER A OneBeacon America Ins. Co INSURER B. Navigators Insurance INSURERC: INSURER D: INSURER E: vTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 7110099180003 10/1/2009 10/1/2010 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO PREMISES (Ea occu ence) $ 1,000,000 CLAIMS MADE XI OCCUR MEDEXP(Any one person) $ 10,000 X $1MM Umbrella PERSONAL 8ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY JECT X LOC A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 7110099180003 10/1/2009 10/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLAUABILITY SF09EXC161165NV 7/1/2009 10/1/2010 EACH OCCURRENCE $ 8,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 8,000,000 DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 7110099180003 WASHINGTON STOP GAP EMPLOYERS LIABILITY 10/1/2009 10/1/2010 TORY LIAMITS X OER E.L. EACH ACCIDENT $ 500,000 EL DISEASE -EA EMPLOYEE $ 500, 000 EL DISEASE -POLICY LIMIT $ 500,000 A OTHER GABAGEKEEPERS 7110099180003 10/1/2009 10/1/2010 COMPREHENSIVE AND COLLISION LIMITS $250,000 DEDUCTIBLE $ 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Continuing Maintenance Projects throughout National City. The City of National city its elected officials, officers, agents, and employees are Additional Insured per attached VCG 205 02 05 as respects General Liability only and VGA 201 01 09 as respects Automobile Liability only when required by written contract, subject to the terms, conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium. Mail Original cart to: City of National City Attn: Ronni Zengota; 1200 National City Blvd, national City, CA 91950-9301. CERTIFICATE HOLDER CANCELLATION (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 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. AUTHORIZEDREPRESENTATIVE Joanna Brown/MJK ACORD 25 (2001/08) INS025 (o1De) 08a © ACORD CORPORATION 1988 Page 1 of tti 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 The Certificate of Insurance on the reverse side of this form 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 (2001/08) INS025 (010B) 08a Page 2 of 2 `7 Policy #711009918-0003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors 2. Additional Insured — by Contract, Agreement or Permit relating to: o Work performed by you o Premises you own, rent, lease or occupy o Equipment you lease 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined- Mental Anguish 6. Broadened Named Insured 7. Broadened Property Damage o Borrowed Equipment o Customers' Goods o Use of Elevators 8. Broadened Property Damage Rented Premises 9. Coverage Territory — Worldwide 10. Duties In Event of Occurrence, Claim or Suit 11. Expected or Intended Injury (PD) 12. Incidental Medical Malpractice 13. Medical Payments 14. Mobile Equipment Redefined 15. Newly Acquired or Formed Organizations 16. Non -Owned Aircraft 17. Non -Owned Watercraft 18. Personal and Advertising Injury 19. Product Recall Expense 20. Supplementary Payments Increased Limits 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section 1I — Who Is An Insured Is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed In a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which ere distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change In the product made intentionally by the vendor, (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained In Subparagraphs 4. or 6_; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally un- dertakes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts. (8) VCG 205 02 05 IncNdes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 Copyright 2004, OneBeacon Insurance Group (9) Any person or organization if the "products -completed operations hazard" is excluded either by the pro- visions of the Coverage Form or by endorsement. b. Thls insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED — CONTRACT, AGREEMENT OR PERMIT a. Section II - Who Is An Insured Is amended to include as an additional insured any person(s) or organiza- tions) with whom you agreed In a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This Insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a} the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit Issued prior to the "bodily injury", "property dam- age", or "personal and advertising injury": 2. To any person or organization included as an insured under the Additional Insured - Broad Form Ven- dors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement Issued by us and made part of this Coverage Part 4. To any person or organization if the "bodily injury', "property damage", or "personal and advertising In- jury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The "occurrence takes place after you cease to be a tenant in that premises; or (2) The "bodily injury", "property damage", "personal and advertising injury' arises out of structural alterations, new construction or demolition operations performed by or on behalf of the man- ager or lessor. B. To "bodily Injury, or "property damage" occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on be- half of the additional insured at the site ofthe covered operations has been completed; or (b) That portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. c. Limits of Insurance applicable to the additional insured are those specified In the contract, agreement or permit or in the Declarations of this policy, whichever Is Tess, and fix the most we will pay regardless of the number of: 1. Insureds; Page 2 of 7 Includes copyrighted material ol Insurance Services office, Inc. VCG 205 02 05 Copyright2004, OneBeacon Insurance Group \t2 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are Inclusive of and not in addition to the Limits of insurance shown in the Decla- rations. 3. AGGREGATE LIMiT PER LOCATION a. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V— Definitions, the following definition is added: - "Location" means premises Involving the same or connecting lots, or premises whose connection is in- terrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the 'products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED — MENTAL ANGUISH Under Section V the definition of "bodily injury" is replaced by the following: "Bodily injury' means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any lime. S. BROADENED NAMED INSURED Section 11- Who 1s An Insured Is amended to include as an Insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured unfit the 1804' day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would bean insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability is subject to the following: a. The Damage To Property exclusion under Section 1 Coverage A is amended as follows: 1. The exclusion for personal property In the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property In the care, custody or control of the insured; and (c) That particular part of any property that must be restored , repaired or replaced because "your work" was incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $25,000 per "occurrence". b. Under Section V— Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The Insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or VCG 206 02 06 Includes copyrighted material of Insurance Ssvbes Office, Inc. Page 3 cd 7 Copyright 2004, OneOeacon Insurance Group V on any other basis. Any payments by us will follow the Other Insurance — Excess provisions In the COM- MERCIAL GENERAL LIABIUTY CONDITIONS. 8. BROADENED PROPERTY DAMAGE — RENTED PREMISES a. In the Damage To Property exclusion under Section I Coverage A, the exclusion for "properly damage" to: Property you own, rent or occupy; does not apply to real property you rent or temporarily occupy With permission of the owner. b. In Section 11— Limits Of Insurance, the Damage To Premises Rented To You Limit is amended as follows: Subject to the Each Occurrence Limit, $500,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or occupied by you with permission of the owner. If any amount other than $500,000 is shown in the Declarations as the Damage To Premises Rented To You Limit, the amount shown in the Declarations will replace $500,000 as the Limit of Insurance provided for this coverage. c. The insurance afforded by this Provision 8. is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such Insurance Is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 9. COVERAGE TERRITORY— WORLDWIDE The definition of "coverage territory" is replaced by the following: "Coverage territory" means anywhere. However, the Insured's responsibility to pay damages must be determined in a settlement we agree to or In a "suit' on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. • 10. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit Is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents concerning a claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, ff you are an individual; 2. A partner, if you are a partnership; . 3. An executive officer of the corporation or insurance manager, if you are a corporation; or 4. A manager, if you are a limited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result In a claim does not apply if you report an "occurrence" to your workers compensation Insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you hove definite knowledge that the particular "occurrence" is a /lability claim rather than a workers componse- tion claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condi- tion. 11. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 12. INCIDENTAL. MEDICAL MALPRACTICE— EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS a. Under Section 11— Who Is An Insured the paragraph that excludes an employee or volunteer worker as in- sured for "bodily injury" or "personal and advertising Injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. Page 4 of 7 includes copyrighted material of Insurance Services Offce. Inc. Copyright 2004, OneBeason Insurance Group VCG2050205 b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance Is primary, excess, contingent or on any other basis. Any payments by us will follow the Other insurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 13. MEDICAL PAYMENTS - INCREASED UMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are In- curred and reported to us within one year of the date of the accident is changed to three years. b, The Medical Expense Limit is $10,000 per person or the amount shown in the Declarations as the Medical Expense Limit, whichever Is greater. c. This provision 13. does not apply if Coverage C - Medical Payments Is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 14. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment' definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of.permanently attached equipment will be considered "mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 15. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II - Who is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 16. NON -OWNED AIRCRAFT a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any Insured. b. The insurance afforded by this provision 16. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is pri- mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Ex- cess Insurance provisions In the COMMERCIAL GENERAL UABIUTY CONDITIONS. 17. NON -OWNED WATERCRAFT a. Section 11- Who Is An insured is amended to include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co -"employee" of the person operating the watercraft; or 2. "Properly damage" to property owned by, rented to, in the charge of or occupied by you or the em- ployer of any person who is an insured under this provision. b. in the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Prop- erty Damage Liability, the limitation on the length of a watercraft Is increased to 51 feet. c. The insurance afforded by this provision 17. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance Is pri- mary, excess, contingent or on any other basis. Any payments by us will follow the Other insurance — Ex- cess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 18. PERSONAL AND ADVERTISING INJURY The following is added to the definition of "personal and advertising injury": Discrimination because of race, color, creed, national origin, age, sex or physical disability, where insurance therefore is riot prohibited by law, but only it such discrimination is: VCG2060206 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 Copyright 2004, OneBeacon Insurance Group a. not done intentionally by or at the direction of: (1) the insured; or (2) any executive officer, director, stockholder, partner or member of the Insured staff; and b. not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any Insured. The insurance afforded under this provision does not apply to fines or penalties, or that portion of any award or judgment caused by trebling or multiplication of actual damages understate or federal law. This provision does not apply if Coverage B — Personal and Advertising Injury Liability is otherwise excluded either by the provisions of this Coverage Form or by any endorsement. 19. PRODUCT RECALL EXPENSE a. With respect to this Provision 19., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. b. The following is added to Section III - Limits Of Insurance section: 1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls" initiated; or (c) Number of "your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. Products RecaU Schedule Limits of Insurance Product Recall Aggregate 650,000 Limit Each Product Recall Limit $25,000 The Limits of Insurance for this coverage apply separately to each consecutive annual period end to any remaining period of lessthan 12 months, starting with the beginning of the policy period shown in the Decla- rations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of de- termining the Limits of Insurance. c. The following Is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV - Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. In- clude a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect "your product' that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any insured under oath, while not in the presence of any other Insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 8 of 7 Includes copyrighted mateial of Insurance Services Office. Inc. VCO 205 02 06 Copyright 2004, OneBeacon Insurance Croup d. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has deter- mined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury" or "property damage". 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1) For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular "employees"; (5) Incurred by "employees', including transportation and'accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense" does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substi- tutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; and (7) Recall of your products" that have no known or suspected defect solely because a known or sus- pected defect in another of "your products" has been found 20. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS In the SUPPLEMENTARY PAYMENTS - Coverages A and B provision: a. The limit for the cost of bail bonds is amended to $2,500; and b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. VCG 206 02 06 Includes copyrighted material of Insurance Services Office, inc. Page 7 of 7 Copyright 2004, OneBeacon Insurance Group Policy #711009918-0003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined — Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment 8. Diminution in Value 9. Drive Other Car — Executive Officers 10. Duties In The Event of Accident, Claim, Suit or Loss 11. Employees As Insureds 12. Employee Hired Autos 13. Fellow Employee Exclusion 14. Glass Repair — Waiver of Deductible 15. Hired Auto Physical Damage Coverage 16. Lease Gap Coverage 17. Liability Coverage — Supplementary Payments 16. Newly Formed or Acquired Organizations 19. Physical Damage — Transportation Expenses 20. Rental Reimbursement — Private Passenger Vehicles 21. Towing — Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION If — LIABILITY COVERAGE is amended to include as an additional "insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". Wdh respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and con- viction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS Is replaced by the following: We wilt waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED — MENTAL ANGUISH The definition of "bodily injury" under SECTION V — DEFINITIONS is replaced by the following' "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VCA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, 6. BROAD FORM NAMED INSURED a_ The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180' day or the end of the policy period whichever comes first, provided there Is no other similar insurance avail- able to that organization. b. Paragraph a. of this provision 6. does not apply to "bodily injury" or "property damage" for which an "insured" is also an "insured" under any other automobile policy or would be an "insured" under such a pol- icy, but for its termination or the exhaustion of its Limit of Insurance. 7. COMMUNICATIONS EQUIPMENT a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVER- AGE does not apply to loss of any permanently installed, non -removable communications equipment de- signed for use as a: 1. Citizen's band radio; 2. Two-way mobile radio or telephone; 3. Scanning monitor receiver; or 4. GPS Navigation System, including its antenna and other accessories. b. No Deductible applies to this additional coverage. c. The most we will pay for this coverage is $5,000 per occurrence. 8. DIMINUTION IN VALUE The "diminution in value" exclusion under SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered "auto" is a private passenger "auto" and is leased, rented, hired or borrowed with- out a driver for a period of 30 days or less and is used in the conduct of the insured's business. The most we will pay for "loss" arising out of an "accident" is the lesser of $7,500 or 20% of the actuaf cash value of the "auto" as determined by Kerley Blue Book or other independent valuation sources. 9. DRIVE OTHER CAR — EXECUTIVE OFFICERS a. The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include: If you are designated in the Declarations as: 1. An individual; you and your spouse. 2. A partnership; your partners and their spouses. 3. An organization other than an individual or a partnership; your "executive officers" and their spouses. b. SECTION II — LIABILITY COVERAGE and SECTION III — PHYSICAL DAMAGE COVERAGE are extended to include "autos" you don't own, hire, lease or borrow while in the care, custody or control of an Insured" listed in 9_a_ This does not Include any "auto": 1. Owned by any insured" listed in 9.a., or any member of their household, including any such "auto" that is owned but not insured; 2. Used by an "insured' listed in 9.a. while working in the business of selling, servicing, repairing or parking autos; or 3. Insured under another policy of insurance. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 9.a. above and family members residing in the same households are "insureds" while: 1. Occupying as a passenger; or 2. A pedestrian when struck by, any "auto" you do not own, hire, lease or borrow, except any "auto" owned by that "insured" listed in 9.a, thelr family members or an "auto" Insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for the specific insurance. Page 2 of 5 Includes copyrighted material or Insurance Services Office, Inc. VCA 20101 09 Copyright 2004. 1 d. The following definition is added to the DEFINITIONS section of the policy: "Executive officer" means a person holding any of the officer positions created by your charter, constitu- tion, by-laws or any similar governing document. e. The Other Insurance Condition, under Section IV — BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no "other insurance" applicable to this en- dorsement. 10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUITOR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS — the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows: The requirements that you must: a. Notify us of an "accident", claim, "suit" or "loss"; and b. Send us documents concerning a claim or "suit", apply only when such "accident", claim, "suit" or "loss" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company. 11. EMPLOYEES AS INSUREDS The Who Is An Insured provision under SECTION 11 — LIABILITY COVERAGE is changed by adding the fol- lowing: Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. This coverage is excess over any other collectible insurance. 12. EMPLOYEE HIRED AUTOS The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contact or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. For purposes of this coverage grant, paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the followings b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage is excess over any other collectible insurance. 13. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exclusion under SECTION II — LIABILITY COVERAGE does not apply if the "bodily in- jury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other insur- ance. 14. GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — Deductible — of SECTION 111— PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 15. HIRED AUTO — PHYSICAL DAMAGE COVERAGE If hired "autos" are covered 'autos" under SECTION II — LIABILITY COVERAGE and If Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this policy for any "auto' you own, then SECTION 111— PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the following limit: The most we will pay for "loss" to any hired "auto" is the lesser of: a. $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; VCA 20101 09 Includes copyrighted material or Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, b. The actual cash value; or c. The cost of repairing or replacing it with other property of like kind or quality. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No de- ductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if the following conditions are met: a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial loss. The most we will pay for this loss of use coverage is $1,000 per "accident". 16. LEASE GAP COVERAGE Under paragraph C. Limit of Insurance — of SECTION Ili — PHYSICAL DAMAGE COVERAGE, the following is added: If a covered "auto" is leased, we will also pay the difference between the actual cash value of a covered "auto" at the time of "loss" and the remaining balance on your lease if the following conditions are met: a. The "auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional Insured in a written lease agreement. c. You are legally obligated for the remaining balance. We will not pay for any amounts representing excess wear and tear charges: additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees. 17. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Under SECTION 11- LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows: a. The limit for the cost of bail bonds is amended to $3,500. b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. 1 B. NEWLY FORMED OR ACQUIRED ORGANIZATIONS a. The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include as an "insured" any organization that is formed or acquired by you and over which you maintain majority own- ership. b. Paragraph a. of this provision 18. does not apply to any organization: 1. That is a joint venture or partnership; 2. That is an "insured" under any other policy; 3. That has exhausted its Limit of Insurance under any other policy; or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acqui- sition or formation. c. Paragraph a. of this provision 18. does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. 19. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES COVERAGE Under SECTION III — PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to $75 per day and the maximum is amended to $2,250. 20. RENTAL REIMBURSEMENT We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" of the private passen- ger type because of "loss" to a "covered auto" of the private passenger type. Payment applies in addition to the otherwise applicable amount of each coverage you have on a "covered auto". No deductibles apply to this coverage. We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration. six (6) days after the "loss". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 201 D1 09 Copyright 2404, Payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred. 2. The maximum daily payment of $25 for any one day. This coverage does not apply while there are spare or reserve "autos" available to you. If `loss" results from the total theft of the private passenger "auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is riot already provided for under the PHYSICAL DAM- AGE COVERAGE Extension. 21. TOWING — COVERED AUTOS Under SECTION III — PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows: a. This coverage applies to any covered "auto' for which a premium charge for towing and labor is shown in the Schedule or in the Declarations. b. The limit is $100. VC/4 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 or 5 Copyright 2004, L5 ACC) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 10/6/2009 PRODUCER (503)241-0154 FAX: (503)542-0625 Durham and Bates Agencies Inc 720 SW Washington -.te 250 Aland OR 97205-3554 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 IN ut LD US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukiie OR 97222 COVERAGES INSURER A:OneBeacon Insurance (CL) NAIC # INSURER 8 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR �IDD'Ll NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POUCY EXPIRATION DATE (MM/DD/YYYY) LIMITS -GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE I_ i OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO-LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) H HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY'. AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR [ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A ff OTHER Technology EGO Liability Claims -Made 7110113880001 10/1/2009 10/1/2010 Each Claim/Aggregate $2,000,000 SIR/Ded Each Claim $ 10,000 RPI- rn natP June 7 2006 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Continuing Maintenance Projects throughout National City. Evidence of insurance provided subject to the terms, conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium. Mail orig cert to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. CERTIFICATE HOLDER CANCELLATION (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 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. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2009/01) INS025 (200901) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ico 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) INS025 (200901) 1:1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/1/2009 PRODUCER (503) 241-0154 FAX: (503) 542-0625 '--ham and Bates Agencies Inc SW Washington .,..- to 250 Portland OR 97205-3554 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukie OR 97222 INSURER A: See Below For VTS COS. 37478 INSURER B- INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ j� PRO - POLICY ( f JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accidenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I I CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 52WELN9641 OR -Hartford of MidWest CA -Hartford Accident Ind NV -Hartford Casualty 10/1/2009 10/1/2010 X TORYLIMITS OR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000, 000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Continuing Maintenance Projects throughout National City. Waiver of Subrogation in favor of The City of National City is attached per form WC 00 03 13, subject to all policy terms, conditions, limitations and exclusions. Mail orig cart to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. CERTIFICATE HOLDER CANCELLATION (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI 2ENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 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. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK c ACORD 25 (2001/08) INS025 (010B).0$* ©ACORD CORPORATION 1988 2`� Page 1 of 2 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 The Certificate of Insurance on the reverse side of this form 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 (2001/08) INS025 (aloe) 08a Page 2 of 191 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Countersigned by Form WC 00 03 13 Printed in U.S.A. Authorized Representative EXHIBIT A; DAYW/RELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 9/9/2009 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY National City ZIP 94950• CONTRACT START DATE: 7/1/2009 YES X AUTO RENEWAL: NO CUSTOMER #: NAT140 WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 565-00 CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE t RAY #:-619G336=4509-Fax: 619=336=4525 EXPIRATION DATE: 6/30/2010 PAGE 1 OF 1 ANEN THIS AGREEMENT IS ACCEPTED El US MOSILE'MRELESS, THE EOVIRAENT ON 1HE GUST0MERIAOREEMENI ORDER. REFERENCED ABOVE WIII SF SERYICEG DV U S MOEILE TIMELESS IN ACCORDANCEKITH THE TERMS AND CONDITIONS MINTED ON ATTACHMENT. THIS AOREEMEHT DOES NOT INGLVOE REPLACEMENT OF ANTENNAS, BATTERIES, OR SEWAGE OF AN/ TRANSMISSION LINE, ANTENNA, LOWER OR TONER LIGHTING UNLESS SUCH RONA IS.DEBCRIUEO. BELOW • LE OF bEHVILE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: QTY MODEL NUMBER/SERIAL NUMBERIDESCRIPTON CuSTOME9 LOCATION SULCTR SRIVE.m SVCCTIL. IAAJNiN HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends and PER UNIT EXTENDED holidays. - -- 3 Mobile Control Stations" X 9.00 27.00 3 Reomote Op Positions' X 74.00 222.00: An annual preventative maintenance inspection is included in this contract and is to be 1 Spectra Consolette Existing` X 25.00 25.00 scheduled by a representative of National City Police Department. 1 Ethernet Router' X 15.00 15.00 1 Ethernet Switch* X 15.00 15.00 This contract includes all parts and labor with the exception of antennas, batteries, cables 1 Tensor Channel Bank` X 25.00 25.00 programming, physical abuse and water/checm[cal damage. Contract also does not cover 9 XTL5000 Consolettes` X 9.00 81.00 gooseneck mics, foot pedals or headset jacks. 3 BOA X 20.00 60.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 8.00 136.00 'Denotes that this equipment is covered under 24/7/365. 67 XTS5000 Portables X 8.00 536.00 20 XTS2500 (warranty) X 2.00 40.00 Contract included pick up and delivery of portables. 6 XTS5000 Portables (Warranty X 2.00 12.00 [ X ] NEW [].ADJUSTMENT AGREEMENT AGREEMENT# 56 Astro Mobiles (Warranty) X 4.00 224.00 3 Moto Astros (Warranty) X 4.00 12.00 ADdltldnal tams, deMRlans and. CO,MAions ar This SERVICE AGREEMENT ere pnnled an papa 2. AUTHORIZED CUSTOMER SIONATUREIP O.a TITLE DATE IS P.O. REQUIRED', I I YES, ATTACH P.O. I_] NO (858) 537-070.9 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ ] YES, ATTACH EXEMPT [ I SEMI-ANNUALLY CERTIFICATE [x] QUARTERLY [ x ] NO [ 1 MONTHLY [ I OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,550.00 TAXES $27.13 TOTAL $1,577.13 SERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # Joe Carrillo (858) 518-4838 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE E LOCAL TAXING JURISDICTIONS. TO BE MERIPIED BYDAY WIRELESS SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE # DAY WIRELESS SYSTEMS MAINTENANCE AGREEMENT TERMS & CONDITIONS 1. DEFINITIONS. 'DWS" shall mean Day Wireless Systems. "Licensee" shall mean and apply to the FCC Licensee, or the User, or the Purchaser of the equipment to be maintained by the terms of this agreement. 2. PERFORMANCE. OF MAINTENANCE. DWS agrees to provide maintenance (as defined below) for the Licensee of the equipment described an the previous page of this agreement beginning and ending on the dates indicated In consideration of Licensee's payment of the monthly maintenance charges. Maintenance shall include the labor and parts required to repair equipment, which has become defective through normal wear and usage. 8. MAINTENANCE -STANDARDS. a. The equipment will be maintained by- DWS in accordance with these standards!"(l) Motorola pads of equalqualltywill.be used; (11) oil, water, dust and foreign substances will be removed from the equipment, (III) the equipment will not be subjectte mechanical abuse; (IV) (he equipment will be maintained at the tevels necessary to pro vide the required communication; (V) routine maintenance procedures will be followed; and (VI) all maintenance work will be done by qualified technicians: The equipment will be inspected and adjusted periodically and as often as required. Maintenance service does not insure_ uninterrupted operation of the equipment. b. EXCEPT FOR THE FOREGOING. DWS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. TIME AND PLACE OF MAINTENANCE WORK. Maintenance work on the base station and other fixed -equipment shalt be performed at the location of the equipment, and the Licensee shall furnish heat, light, and power at the locations. Moblle units and removable equipment shall be delivered by the Licensee to the place of service indicated on the previous page of this agreement-. 5. EXCLUSIONS. a. This agreement does not include maintenance of any.transmission line, antennas, tower, or tower lighting, unless such work is described on the previous page of this agreement, such maintenance may be furnished upon request at mileage, materials, and labor rates prevalting at the time of each call. b. Maintenance does not include the repair or replacement of equipment which has otherwise -become defective, lnciuding, but not limited 1o, damage caused by accidents, physical abuse or misuse of the equipment, acts of God, fires, and does not include extensive maintenance or replacement of equipment due to interference, intermodulation, or other degrading signals causing poor service that the equipment is not designed to reject 6. PAYMENT. a. DWS shall invoice Licensee on a monthly, quarterly, semi annual or annual. basis for all amounts due under this agreement. Licensee agrees that payment shall. be made in ten(10) days after the date of the invoice. b. Each invoice shall be due and payable whether or not the equipment is operating, and DWS may terminate thls agreement by giving Licensee ten (10) days notice by certified mail if the Licensee defaults in its payment to DWS. 7. FCC RECORDS. Application and statements of fact when required by the Federal' Communications Commlasion must be subscribed and sworn to by the Licensee, and the: Licensee is responsible for meeting FCC requirements. However, DWS wilt_provide the Licensee with forms, advice, and technical assistance; including .frequency,' modulation and power measurements, to aid in:meeting those regtlrements. 8. INTERRUPTION OF SERVICE. The Licensee shall notify DWS In the event of -the failure or malfunction of the unit 1f DWS falls to repair the unit wlth(n.a reasonable time, the Ltcensee'shall notify the Headquarters Office In writing. Aftersaid notice from tiie licensee to the Headquarters. Office, DWS shall be liable for -any Interruption. or interference affecting the use of Or transmission through the equipment maintained to the extent of a pro rate allowance based on the monthly maintenance fee for the time such interruption or•interference Is attributable to the fault of DWS. 9. FORCE MAJEURE. DWS shall not be responsible (Cr any damages, delay in performance or failure to perform under this Agreement if such damage, delay in performance, or failure to perform is caused by any acts or omissions of Licensee,. fire, strike, or other labor disputes, embargo, government regulations or requirements (legislative, judicial, military or otherwise), power failure, electrical power surges or current fiuctualions, lightning. strike, flood war, water, the elements, or other forces of nature, delays or failures of transportation, equipment shortages, suppliers' failures or other causes beyond its reasonable control, whether or not similar to the foregoing: 10. AUTOMATIC RENEWAL. After the "Date Maintenance Ends" indicated on the previous page of this agreement; this agreement shall continue for successive additional periods of 1 month, provided that either DWS or the Licensee may terminate this agreement on the 'Date Maintenance Ends' or thereafter upon 30 clays written notice to the other party sent by certified mail to the address indicated herein. 11. WAIVER. Failure or delay on the part of DWS to exercise any right, power, or privilege hereunder shall not operate as a waiver thereof. 12. PRIOR NEGOTIATIONS: This contract constitutes the entire agreement of the, parties hereto and shall supersede all prior offers, negotiations, and agreements. 13. AMENDMENT. No revision of this agreement shall be valid unless made in writing and signed by. a General Manager or corporate officer of DWS and an authorized agent of the Licensee. 14. CONTROLLING LAW, The parties agree that the terms of this Agreement shall be interpreted in accordance with the,laws of the state of Oregon. Licensee agrees that venue of any action to enforce this Agreement shall be in Multnomah County, Oregon. 15. WAIVER OFBREAACH. The waiver by DWS of any term under this • Agreement is nota waiver el any other term orthe waiver of the same term at any other time. 16. NOTICES. Any notice required or permitted to be given under any of the provisions of this Agreement -or governing law- shall be given In writing and either hand .dellvered or sent by certified first class, mail, postage prepaid, to the Licensee's address on the face of this Agreement and to DWS at 4700 SE International Way, Milwaukie, OR 97222. 17. ATTORNEYS' FEES. In the. event DWS retains an attorney to compel compliance with- the terns of this Agreement, DWS shall be entitled to recovery attorneys' fees, collection costs. incurred, and any other associated fees and charges. 18. sE1(ERABILiTY. If any portion of this Agreement is declared Invalid, the remainderof this Agreement shall continue to be binding upon the parties. 19. 'ENTIRE AGREEMENT. This Agreement ..constitutes the entire Agreement between Licensee and DUNS. This Agreement may be amended only.by EvriIten instrument executed by both parties.: 20. LIMITATION OF LIABILITY. In no event shall DWS be responsible to the.t icensee for any indirect, special or consequential damages or lost profits ajising out of or related -to this Agreement or the performance or breach !hereof. DWS's-liability to. the Licensee, if any, shall in no event exceed the total amount paid hereunder to DWS.by the Licensee. Y W1R LESS SYSTEMS CUSTOMER INITIAL DATE Day Wireless Systems 8300 Juniper Creek Lane Ste. 100 San Diego, CA 92126 858-537-0709fax 858-537-9608 �— tmptoyee Name Amador Macias Position Project Manager Department Service Emp # 3819 Region San Diego Manager Joe Carrillo EXHIBIT B Quote No. 31096-A QUOTATION Dates First Contact 6/29/2009 Quote Issued. Accept/Reject Command Vehicle Quantity Price Labor to install (2) modems power cables and antenna wiring. Parts: Misc. Hardware 1 $1,360.00 TOTAL $1, 360.00 $50.00 Customer Customer National City PD Contact Dave Noteware Address 1200 National City Blvd. City National City ZIP 91950-4302. Phone 619-3364509 State CA. Email dnotewareOnatIonalcitvca.00v Fax 619-336-4525 Status 0 Estat rthed Customer 0 New Customer 0 Prospective Customer Office Use Only 2 Parts Shipping State Sales Tax Labor TOTAL �Work to be performed during normal working hours. $50.00 $1.00 $4.88 • $1,360.0 $1,415.8 Notes Customer to provide Modems and Antennas. Quote good for 90 days EXHIBIT C: Day Wireless Systems 8300 Juniper Creek Lane, Suite 100 San Diego, CA 92126 Proposal DAY. WIl CL[SS SYfYCMS i Customer: Contact: Address: Email: Phone/Fax: National City Police Department Date: Acct#: Quotation No NC Vendor: 3/212009 Dave Noteware NAT140;:}. 1200 National City Blvd. dnbtewarefffinationalcitvra.gov 202rev01 07986 s, 619-336-4509 Item Quantity Description P Unit Cost Extended fg 1 1 806-869 MHz Public Safety BDA - 510 Series CSI $ 2,300.00 $ 2,300.00'. 2 1 800 MHz Indoor Antenna $ 73.82 $ 73.82 3 1 800 MHz Omni Outdoor Marine Antenna w Hardware, NF Connector $ 275.00 3 $ 275.00 .: 4 100 1/2" Transmission Line $ 2.77 $ 277.00 x' 5 4 1/2" N Male Connectors $ 23.50 $ 94.00 6 1 Misc Hardware $ 100.00 $ 100.00 7 1 Labor to Install BDA in Security Office at Plaza Bonita $ 1,840.00 $ 1,840.00 ^. _ ;X. rf: Equip Total $ 2,300.00 Parts Total $819.82 Labor Quoted is for work performed during normalbusiness hours: M-F, 8AM to 4:30PM Shipping $74 40 Labor $1,840.00 Tax 34, igseam TOTAL ler3eftf0 .. Scope of Work Thank you for the opportunity to provide you with this information. Please refer to the above quotation number when contracting for this work. Please contact me if I may be of further assistance. This quotation is good for 60 days. Name Andy Grimm Office Ph: 856-537-0709 or 858-864-3660 Cell Fax: 856.537-9608 Email: pa rimmiThdavwireless,com MOTOROLA Authorized Channel Partner Manufacturers Representative Federal Markets Day Wireless Systems Confidential Quote Page 1 EXHIBIT D DAY WIRELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858.537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT ATTN: BRENDA HODGES 619-336-4570 BILLING ADDRESS: 1243 NATIONAL CITY BLVD CITY: National City STATE: CA CONTRACT START DATE: 2/1/2009 YES ZIP 92050 AUTO RENEWAL: NO SERVICE AGREEMENT DATE 2/4/2009 WIRELESS SY'$TE.s CUSTOMER #: NATI 30 CUSTOMER/AGREEMENT: 560-00 CUSTOMER CONTACT: CAPT. MARK GUNDERT/JUDY WILKINS 619-336-4550 TELEPHONE / FAX #: 619-336-4550/619-336-4562 JWILKINS@NATIONALCITY.GOV EXPIRATION DATE: 1/31/2010 PAGE 1 OF 2 WHEN THIS AGREEMENT ISACCEPE® ay US MC%LE WIRELESS, THE EQUIPMENT ON THE CUSTOMERIAOREEMEMT ORDER REFERENCED ASOVE NALL se SERVICED By U.S MOOSE LMR WSS IN ACCORDANCE VATS THE TERMS AND CONO M)NS MINTED ON ATT5NMENT. THIS AGREEMENT GOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES. OR SERVICE OF ANY TRANSMISSION UNE. ANTENNA TOWER DR TOWER LIGHTING UNLESS SUCH MAN M DESCRIBED BELOW OTY MODEL NUMBER!SERAL NUMBER/DESCRIPTION PLACE OF SERVICE, CUSTOMER LOCATION SVC CTR ORIVEaN SVC CTR MNL.W MON EHLY SVC AMOUN r SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday. PER UNIT EXTENDED EXCLUDING WEEKENDS and HOLIDAYS. 4 Astro XTL5000 Mobile Control Station 15.00 60.00 24 33 Astro XTL5000 Mobiles 3 W/Dual CH XTS5000 Portables x 15.00 9.00 360.00 297.00 An annual preventive maintenance Inspection is included in this contract and is to scheduled by a representative of the -FIRE DEPT. 6 30 2 4 17 5 1 XTS3000 Portable Vehicular Tri-chem charger Battery Maint Systems Impress Rapid Rate Chargers Speaker Mics Desktop chargers Model AA1670 Batt Maint System Model WPLN4079BR x x x x x x x 9.00 7.50 3.00 3.00 2.00 3.75 9.00 54.00 225.00 6.00 12.00 34.00 18,75 9.00 0.00 0.00 This contract includes all parts and labor with the exception of antennas, battene- programming, physical abuse and water/chemical damage. [X ] NEW [ ] RENEWAL AGREEMENT AGREEMENT# AENRional Mrme, definitions and condtione et this SERVICE AGREEMENT ere printed on the reverse s8Ne. PAYMENT CYCLE: ] ANNUALLY [ ] SEMI-ANNUALLY [ ] QUARTERLY [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: ) YES, ATTACH EXEMPT CERTIFICATE [x3NO TOTAL PER MONTH $1,075.75 TAXES 16.68 AUTHORIZED CUSTOMER SIONATUREIP.0.# TITLE IS P.O. REQUIRED? Cx J YES, ATTACH P.O. LJ NO (858) 537-0709 DATE TOTAL $1,092.43 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE 8 LOCAL TAXING JURISDICTIONS. TO BE VERIFIED BY DAY LMRELESS SERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # Joe Carrillo (858) 518-4838 SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE # Quotation is based on performance of labor during regular working hours of 8:00 am through 5:00 pm. Customer requests for work to be performed outside of these parameters may be accommodated and billed at established shop rates unless addressed in this or other valid quotation. All prices quoted herein are firm for 60 days and are based on information known by me as of this date. If Customers specifications or other circumstances change, please contact me for a re -quotation. This quotation supersedes all previous quotations for the same scope of work. To bill on account after completion of work, Customer must have an established line of credit with Day Wireless Systems, Inc. If Customer does not have such line of credit, a down payment of the quoted price may be requested prior to performing any work for Customer. TAXES: All prices herein exclusive Washington State Sales Tax. Any tax or other governmental charge now or hereafter levied upon or measured by the transaction between Day Wireless Systems, Inc. and the agency accepting this quotation shall be paid by such person, corporation, or agency accepting this quotation, in addition to any prices quoted or invoiced by Day Wireless Systems, Inc. Payment Terms: Net 30 Days from date DAY WIRELESS receives equipment. Customers are welcome to inspect equipment to ensure Day Wireless has received equipment and in good working condition. All labor charges are net 30 days after completion of specified work. There will be a 20% Re- stocking fee for all returned or canceled orders. Authorized By: Date: All returned or canceled orders may be subject to a 20% restocking fee Day Wireless Systems Confidential Quote Page 2 EXHIBIT E Day Wireless Systems 8300 Juniper Creek Lane Ste. 100 San Diego, CA 92126 858-537-0709 fax 858-537-9608 t"-- Fzmployee Name Amador Macias Emp # 3819 Position Project Manager Region San Diego Department Service Manager Joe Carrillo National City Neighborhood Services Division Relocate antenna cable to Neighborhood Services Office and install base station radio. Parts: Misc. Hardware Customer Customer National City Address 1243 National City Boulevard City National City ZIP 91950-4301 Phone 619-336-4364 Contact Vianey Rolon State Ca Email vrolonnationalcitv.ca.aov Fax Status 0 Establithed Customer 0 New Customer 0 Prospective Customer 1 Quote No. 3819 9-21-09 QUOTATION Dates First Contact Quote Issued Accept/Reject • Quantity Price • Notes 9/21/2009 TOTAL. $1,840.00 ' $1,840.00 $50.00 $50.00 Parts Shipping $50.00 $1.00 State Sales Tax Labor fl.:84$40:0808 TOTAL $1,89:88 (Work to be performed during normal working hours. Monday - Friday 8am 4:30pm :.Office Use Only q5S'Llri Quote good for 90 days DAY WIRELESS SYSTEMS MAINTENANCE AGREEMENT TERMS & CONDITIONS 1. DEFINITIONS. "DWS" shall mean Day Wireless Systems. "Licensee" shall mean and apply to the FCC Licensee, or the User, or the Purchaser of the equipment to be maintained by the terms of this agreement. 2. PERFORMANCE OF MAINTENANCE. DWS agrees to provide maintenance (as defined below) for the Licensee of the equipment described on the previous page of this agreement beginning and ending on the dates indicated in consideration of Licensee's payment of the monthly maintenance charges. Maintenance shall include the labor and parts required to repair equipment, which has become defective through normal wear and usage. 3. MAINTENANCE STANDARDS. a. The equipment will be maintained by DWS in accordance with these standards: (I) Motorola parts of equal quality will be used; (11) oil, water, dust and foreign substances will be removed from the equipment; (III) the equipment will not be subject to mechanical abuse; (IV) the equipment will be maintained at the levels necessary to provide the required communication; (V) routipe maintenance procedures will be followed; and (VI) all maintenance work will be done by qualified technicians. The equipment will be inspected and adjusted periodically and as often as required. Maintenance service does not insure uninterrupted operation of the equipment. b. EXCEPT FOR THE FOREGOING, DWS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. TIME AND PLACE OF MAINTENANCE WORK. Maintenance work on the base station and other fixed equipment shall be performed at the location of the equipment, and the Licensee shall furnish heat, light, and power at the locations. Mobile units and removable equipment shall be delivered by the Licensee to the place of service indicated on the previous page of this agreement. 5. EXCLUSIONS. a. This agreement does not include maintenance of any transmission line, antennas, tower, or tower lighting, unless such work is described on the previous page of this agreement, such maintenance may be furnished upon request at mileage, materials, and labor rates prevailing at the time of each call. - b. Maintenance does not include the repair or replacement of equipment which has otherwise become defective, Including, but not limited to, damage caused by accidents, physical abuse or misuse of the equipment, acts of God, fires, and does not include extensive maintenance or replacement of equipment due to Interference, intermodulation, or other degrading signals causing poor service that the equipment Is not designed to reject. 6. PAYMENT. a. DWS shall invoice Licensee on a monthly, quarterly, semi annual or annual basis for all amounts due under this agreement. Licensee agrees that payment shall be made in ten (10) days after the date of the invoice. b. Each invoice shall be due and payable whether or not the equipment Is operating, and DWS may terminate this agreement by giving Licensee ten (10) days notice by certified mail if the Licensee defaults in Its payment to DWS. 7. FCC RECORDS. Application and statements of fact when required by the Federal Communications Commission must be subscribed and sworn to by the Licensee, and the Licensee is responsible for meeting FCC requirements. However, DWS will provide the Licensee with forms, advice, and technical assistance, including frequency, modulation and power measurements, to aid in meeting those requirements. 8. INTERRUPTION OF SERVICE. The Licensee shall notify DWS In the event of the failure or malfunction of the unit. If DWS fails to repair the unit within a reasonable time, the Licensee shall notify the Headquarters Office in writing. After said notice from the Licensee to the Headquarters Office, DWS shall be liable for any interruption or interference affecting the use of or transmission through the equipment maintained to the extent of a pro rate allowance based on the monthly maintenance fee for the time su interruption or interference is attributable to the fault of DWS. 9. FORCE MAJEURE. DWS shall not be responsible for any damages, delay in performance or failure to perform under this Agreement if such damage, delay in performance, or failure to perform is caused by any acts or omissions of Licensee, fire, strike, or other labor disputes, embargo, government regulations or requirements (legislative, judicial, military or otherwise), power failure, electrical power surges or current fluctuations, lightning strike, flood war, water, the elements, or other forces of nature, delays or failures of transportation, equipment shortages, suppliers' failures or other causes beyond its reasonable control, whether or not similar to the foregoing. 10. AUTOMATIC RENEWAL. After the "Date Maintenance Ends" indicated on the previous page of this agreement, this agreement shall continue for successive additional periods of 1 month, provided that either DWS or the Licensee may terminate this agreement on the "Date Maintenance Ends" or thereafter upon 30 days written notice to the other party sent by certified mail to the address indicated herein. 11. WAIVER. Failure or delay on the part of DWS to exercise any right, power, ,or privilege hereunder shall not operate as a waiver thereof. 12. PRIOR NEGOTIATIONS, This contract constitutes the entire agreement of the, parties hereto and shall supersede all prior offers, negotiations, and agreements. 13. AMENDMENT. No revision of this agreement shall be valid unless made in writing and signed by a General Manager or corporate officer of DWS and an authorized agent of the Licensee. 14. CONTROLLING LAW. The parties agree that the terms of this Agreement shall be interpreted in accordance with the laws of the state of Oregon. Licensee agrees that venue of any action to enforce this Agreement shall be in Multnomah County, Oregon. 15. WAIVER OF BREACH. The waiver by DWS of any term under this Agreement is not a waiver of any other term or the waiver of the same term at any other time. 16. NOTICES. Any notice required or permitted to be given under any of tt- provisions of this Agreement or governing law shall be given in writing ar either hand delivered or sent by certified first class mail, postage prepaid, the Licensee's address on the face of this Agreement and to DWS at-470u SE International Way, Milwaukie, OR 97222. 17. ATTORNEYS' FEES. in the event DWS retains an attorney to compel compliance with the terms of this Agreement, DWS shall be entitled to recovery attorneys' fees, collection costs incurred, and any other associated fees and charges. 18. SEVERABILITY. If any portion of this Agreement is declared invalid, the remainder Of this Agreementshall-eontinue to be binding upon the parties. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between Licensee and DWS. This Agreement may be amended only by written instrument executed by both parties. 20. LIMITATION OF LIABILITY. In no event shall DWS be responsible to the.Licensee for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. DWS's liability to the Licensee, if any, shall in no event exceed the total amount paid hereunder to DWS by the Licensee. WJI ELEss SYSTEMS CUSTOMER INITIAL DATE 3-1 EXHIBIT F DAY WIRELESS SYSTEMS SAN DIEGO TECH/INSTALL/REMOVAL RATES TIME AND MATERIAL RATES Technical Rate (1 hr. minimum, then quarterly) Installation Rate (1 hr. minimum) *all field work will be charged port to port travel MOBILE INSTALLATION RATES Standard Dash mount radio Premium Trunk Type Mount, Multi Component Customized — huge trucks, hvy equip, buses, etc. Antenna Installation Dual Control Head PUBLIC SAFETY INSTALLATION RATES Lightbar (includes siren) Electronic siren/speaker Wigwag flasher package, headlights Rear deck lighting package Shotgun rack/lock assembly (STANDARD) Map reading light Strobe lights SHOP RATE $140.00/hr $115.00/hr SHOP RATE $230.00 $290.00 T&M $ 70.00 Add $70.00 SHOP RATE ONLY $800.00 $280.00 $280.00 $280.00 $100.00 $35.00 $280.00 PUBLIC SAFETY UNDERCOVER INSTALLATION (add to mobile radio install rates) Disguised control head/mic Headliner mic Disguised antenna Concealed trunk unit Window Tint (flat rate is vehicle specific) MOBILE REMOVAL RATES Mobile radio, front mt Mobile radio, rear mt Strobe lights Electronic siren Lightbar w/siren Light switches (ea) Disguised red light Gun rack FIELD RATE $140.00/hr $115.00/hr FIELD RATE $287.50 $345.00 T&M $115.00 $115.00 SHOP RATE ONLY , $ 345.00 $70.00 $172.50 T&M $Flat rate SHOP RATE ONLY $180.00 $180.00 $115.00 $70.00/hr +materials $70.00/hr + materials $70.00/hr + materials $70.00/hr + materials $70.00/hr + materials City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE December 01, 2009 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a five-year software maintenance agreement with Northrop Grumman Information Technology Inc. for total not -to -exceed amount of $210,538.00 to support the Law Enforcement Records Management System(RMS) PREPARED BY DEPARTMENT Ron Williams f2kj (Ext. 4373) EXPLANATION MIS The Records Management System(RMS) provides National City Police Department with real-time electronic records related to property and evidence, crime, and arrest reports. The RMS system affords investigators real-time paperless access to property and evidence, crime and arrest reports during investigations. Due to the proprietary nature of the RMS system, Northrop Grumman Technology Inc. is the sole entity qualified to provide on -going software maintenance and support. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Northrop Grumman Technology Inc., for the following reasons: 1. Northrop Grumman sole entity qualified to support the proprietary RMS software application 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this point in the process. Environmental Review NIA Financial Statement Funded via IT internal services charges account 629-403-082-281-0000. Approved By: nance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN FOR A TOTAL NOT TO EXCEED AMOUNT OF $210,538 TO SUPPORT THE LAW ENFORCEMENT RECORDS MAINTENANCE SYSTEM WHEREAS, the Automated Field Reporting ("AFR") System provides the Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, due to the proprietary nature of the AFR System, Northrop Grumman Technology, Inc., is the only entity qualified to provide on -going software maintenance and support, and Northrop Grumman Technology, Inc., is willing to provide such service for the total not -to -exceed amount of $210,538, payable in yearly amounts commensurate with that year's work as specified in the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a Five Year Software Maintenance Agreement with Northrop Grumman Technology, Inc., in the not -to -exceed amount of $210,538 to provide software maintenance and support for the Police Department's Automated Field Reporting System. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT This Agreement is entered into between Northrop Grumman Information Technology, Inc. (represented herein by their Commercial State and Local Programs Business Unit), a Delaware corporation, with an office at 15010 Conference Center Drive, Chantilly, VA 20151-3801, hereinafter referred to as "NORTHROP GRUMMAN", and the City of National City, California, hereinafter referred to as "Customer". 1. SCOPE OF AGREEMENT NORTHROP GRUMMAN will provide the following services: • Services provided for by the NORTHROP GRUMMAN Software Maintenance Sub -Agreement, (copy attached), which includes NORTHROP GRUMMAN provided software as shown on Exhibit A of the Software Agreement. The above shall be referred to as sub -agreements. 2. TERM OF AGREEMENT The term of this Agreement shall commence on December 2, 2009, and shall continue for a term of five (5) years at the prices outlined in Exhibit "A". 3. TERMINATION This Agreement may be terminated at any time by either party by providing a 90 day written notice of termination. As such, the Agreement shall terminate with no further financial obligation of the Customer with respect to payment of obligations due after 90 days from the date of such notice. 4. TERMS AND CONDITIONS In the event of a conflict, the terms of this Agreement shall take precedence over the terms and conditions of the sub -agreements. Document Prepared 8/20/09 MMK RMS_0809.doc Page 1 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 5. PRICE AND PAYMENT The Customer shall pay the amount labeled "Total Due," with respect to the period identified, in Exhibit "A" (attached). The fees for Basic Software Maintenance shall be paid annually in advance. Per call and block time charges in Item 2 of Exhibit B NORTHROP GRUMMAN SOFTWARE MAINTENANCE SUB -AGREEMENT will be invoiced after the service is performed. Prices in this Agreement are exclusive of applicable taxes, if any. Taxes are the respon- sibility of the Customer and will be added to the invoices. Payment terms are net thirty (30) days from date of invoice. NORTHROP GRUMMAN reserves the right to charge interest for late payments at the rate of one and one-half percent (1.5%) per month. 6. AMENDMENT OF THIS AGREEMENT The Customer reserves the right to request changes which would include alterations, deviations, additions to or deletions from the scopeof work of this Agreement, as may be deemed by the Customer to be necessary or required for the proper completion of the whole work contemplated. Any such changes will be set forth in an Amendment/Changes Orders to this Agreement which will specify the change in work to be performed and any increase/decrease in compensation due NORTHROP GRUMMAN for such work. No such requested changes shall be effective until the execution of an appropriate amendment of this Agreement by both parties. 7. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, or courier service to the respective parties as follow: Customer: Northrop Grumman Information The City of National City Technology, Inc. 1200 National City Blvd Sue Jun National City, CA 91950 15010 Conference Center Drive Chantilly, VA 20151-3801 Document Prepared 8/20/09 MMK_RMS_0809.doc Page 2 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 8. INDEPENDENT CONTRACTOR NORTHROP GRUMMAN is an independent contractor under this Agreement, and not an employee or agent of Customer. All payments hereunder shall be made to NORTHROP GRUMMAN. No deductions shall be made from the payments provided for under Article V above for any reason including taxes, workman's compensation or insurance. 9. LIMITATION OF LIABILITY AND REMEDIES a. Limited Warranty NORTHROP GRUMMAN MAKES NO WARRANTIES HEREUNDER, EITHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). b. Limitation of Remedy Except for damages to third parties as set forth in Section 10, customer agrees that NORTHROP GRUMMAN's liability hereunder for damages shall not exceed the annual maintenance fee paid to NORTHROP GRUMMAN for the maintenance period in which the cause of the action occurred. c. Limitation of Damages IN NO EVENT SHALL NORTHROP GRUMMAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. Document Prepared 8/20/09 MMK RMS 0809.doc Page 3 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 10. INDEMNIFICATION NORTHROP GRUMMAN shall indemnify, defend, and hold harmless Customer from and against any and all claim, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely from the intentional misconduct or negligence of NORTHROP GRUMMAN, NORTHROP GRUMMAN's employees, agents or subcontractors. NORTHROP GRUMMAN shall not be responsible for, and Customer shall, within the limits of California law and without waiving any of its rights, privileges or governmental immunities from suit or liability, indemnify, defend, and hold harmless NORTHROP GRUMMAN from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely from Customers' negligence. With respect to any and all claims, demand, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by or with respect to third parties, which arise from the joint or concurrent negligence of NORTHROP GRUMMAN and Customer, each party shall assume responsibility in proportion to the degree of its respective fault. 11. FUNDING The customer has reviewed their funding and verifies to Northrop Grumman that none of their funding to be used in this quotation will include American Recovery and Reinvestment Tax act of 2009 ("ARRA") funds, funds from the Emergency Economic Stabilization Act ("ESSA") or funds from the Trouble Assist Relief Program ("TARP"). Prior to applying any funds from any of the three identified sources of the funds above onto this contract the customer shall notify Northrop Grumman. If ARRA, TARP or ESSA finds are to be applied towards this contract, Northrop Grumman may either elect to terminate the effort for convenience prior to the application of any funds from the identified sources or to ratify the contract. Document Prepared 8/20/09 MMK RMS 0809.doc Page 4 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT 12. ENTIRE CONTRACT This Agreement and attached Sub-Agreement(s) represent the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by written instrument signed by the parties hereto. The City of National City: Signature of Authorized Representative Printed Name Title Date Northrop Grumman Information Technology. Inc. : Sue Jun Contracts Administrator Date Document Prepared 8/20/09 MMK_RMS_0809.doc Page 5 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTER MAINTENANCE AGREEMENT Exhibit "A" Price and Payment: Period No. 1 — December 2, 2009 — December 1, 2010 Basic Software Maintenance RMS $3 8,102.00 Total Due, Period No. 1 $38,102.00 Period No. 2 — December 2, 2010 — December 1, 2011 Basic Software Maintenance RMS $40,007.00 Total Due, Period No. 2 $40,007.00 Period No. 3 — December 2, 2011— December 1, 2012 Basic Software Maintenance RMS $42,008.00 Total Due, Period No. 3 $42,008.00 Period No. 4 — December 2, 2012 — December 1, 2013 Basic Software Maintenance RMS $44,108.00 Total Due, Period No. 4 $44,108.00 Period No. 5 — December 2, 2013 — December 1, 2014 Basic Software Maintenance RMS $46,313.00 Total Due, Period No. 5 $46,313.00 Document Prepared 8/20/09 MMK RMS 0809.doc Page 6 of 6 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT SUB -AGREEMENT effective December 2, 2009, between Northrop Grumman Information Technology, Inc. (represented herein by its Commercial State and Local Programs Business Unit), 15010 Conference Center Drive, Chantilly, VA 20151-3801 ("NORTHROP GRUMMAN") and the City of National City, ("Customer"). 1. SOFTWARE SYSTEM For the purpose of this Sub -Agreement, the "Software System" shall mean the NORTHROP GRUMMAN Computer Software System (Software System) identified in Exhibit A. 2. SOFTWARE SUPPORT SERVICES a. Maintenance Support With respect to the Software System, NORTHROP GRUMMAN agrees to perform, or cause to be performed, the following maintenance services: 1. NORTHROP GRUMMAN will retain a complete copy of the NORTHROP GRUMMAN application source code to guard against the permanent loss of system functions in the event of disaster. 2. If during the term of this Agreement, (a.) the Customer discovers defects in the Software System such that same will not perform in accordance with NORTHROP GRUMMAN's design; (b.) the Customer notifies NORTHROP GRUMMAN of such defects; and, (c.) such defects are reproducible, then NORTHROP GRUMMAN shall provide, or cause to be provided, timely corrections of such defects. As applicable and required, Customer shall be responsible for installing corrections to applicable workstation software. 3. If problems arise concerning the Software System, NORTHROP GRUMMAN will provide telephone assistance within the schedule stated in Section 3, Problem Reporting. 4. If Critical problems arise from the NORTHROP GRUMMAN application (see 3. Problem Reporting) and the Customer cannot correct them by following system management training and/or procedures previously supplied by NORTHROP GRUMMAN or Masi, NORTHROP GRUMMAN will provide assistance to restore the Software System opera- tions 24 hours a day, 365 days a year without additional charge to the Customer. Document Prepared 08/20/09 SMK RMS_0909 Page 1 of 7 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT b. Software Improvements and Upgrades During the term of this Agreement, NORTHROP GRUMMAN shall supply Customer with improvements and upgrades to those functions or features of the Software Products which were described in the Functional Specification Design and supplied under the applicable contract and which are not priced separately. NORTHROP GRUMMAN will provide one (1) software upgrade per year. c. Installation of Corrections, Improvements or Upgrades NORTHROP GRUMMAN shall provide changes and installation support to the Software Products including updates, upgrades, releases, patches, corrections or improvements by telephone modem or the appropriate transport media, all at the option of NORTHROP GRUMMAN. Customer shall provide installation, distribution, support or access as may be reasonably required to successfully install the changes. 3. PROBLEM REPORTING Problems are logged into NORTHROP GRUMMAN's problem tracking system and the Customer is given a problem ticket number. The call is prioritized based on what is being reported, and how serious the Customer perceives the problem. Priority one problems receive immediate attention and are worked continuously until resolved. Priority two, three and four calls are placed in the queue, assigned to programmers and are addressed based on order received and priority. Customers may escalate problems to the CSG Service Manager if they feel they are not being addressed in a timely manner. The following are NORTHROP GRUMMAN's prioritizations: Priority One: Critical Guaranteed response time of 2 hours; worked continuously until respolved Software Errors that prevent or substantially interfere with operation of the NORTHROP GRUMMAN installed software for its primary intended purpose on a system wide basis, as described in the Functional Design Specification, such as those errors that can cause loss of data or prevent the product from running. Examples include, but are not limited to: • Complete system outage (system down) of a major application o Computer Aided Dispatch o Message Switching System o Records Management System o Mobile Data Computing System Document Prepared 08/20/09 SMK_RMS_0909 Page 2 of 7 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT • Workstation failure of a critical workstation; mission critical tasks that cannot be performed on another workstation. • Database failure or performance degration to the point of inoperability Priority Two: High Guaranteed response time of 4 hours Software Errors that do not prevent or substantially interfere with operation of the NORTHROP GRUMMAN system for its primary intended purpose or are not system wide, but that do prevent or materially interfere with end user performance of common functions described in the Functional Design Specification. Examples include, but are not limited to: • Workstation failure of a non -mission critical workstation, where there is no alternate workstation for that functionality • Loss of communications with the mobile data controller, other than such loss due to malfunction occurring outside of the NORTHROP GRUMMAN system • System response times doubling and continuing beyond fifteen (15) minutes, other than such doubling due to malfunction occurring outside of the NORTHROP GRUMMAN system. Priority Three: Medium Guaranteed response time of 1 business day Minor problems that do not prevent the users from performing their job, but there is no reasonable work -around. Priority Four: Low Guaranteed response time of 5 business days Informational, or suggestion for future functionality of the software. 4. RESPONSIBILITIES OF CUSTOMER The obligations of NORTHROP GRUMMAN under this Agreement are conditioned upon: a. Customer assigning a Coordinator to ensure that Customer's assignments in connection with this Agreement are met, to coordinate appropriate schedules in connection with NORTHROP GRUMMAN's services hereunder, and to serve to provide other coordination activities which are necessary for NORTHROP GRUMMAN to perform its services hereunder. As applicable and required, Coordinator shall also be responsible for distributing Software System corrections to the individual client workstations. Document Prepared 08/20/09 SMK_RMS 0909 Page 3 of 7 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT b. Customer will assign at least one (1) technically capable individual, as required by NORTHROP GRUMMAN to assist NORTHROP GRUMMAN in performing its services hereunder. c. Customer establishing an on -site dial -up line or VPN access to enable NORTHROP GRUMMAN to remotely access the Software System. Customer, in accordance with a schedule mutually agreed upon by NORTHROP GRUMMAN and Customer, shall connect the dial -in modem, at customer's cost and expense, in order to enable NORTHROP GRUMMAN to remotely access the Software System. Where applicable, Customer shall also compile programs and run appropriate tests following each remote access by NORTHROP GRUMMAN. d. Customer shall be responsible for controlling security and access to the computer systems. The Customer shall connect the dial -in modem or VPN access in a timely manner to allow NORTHROP GRUMMAN to perform maintenance activities, and the Customer shall provide the appropriate usernames and authorization codes to NORTHROP GRUMMAN whenever maintenance work is to be done. e. Customer shall not perform any modifications or enhancements to the Software System or allow any person or entity not specifically authorized by NORTHROP GRUMMAN to perform any modifications or enhancements to the Software System. f. As applicable and necessary, during the term of the Master Maintenance Agreement, and any subsequent extensions of the term, Customer shall provide NORTHROP GRUMMAN with a verified copy of the Software System back-up, including Source Code, on an annual basis, at no cost to NORTHROP GRUMMAN, for use in assisting the Customer during disaster recovery efforts if requested. g. It is the Customer's sole responsibility for insuring System Management Procedures are performed for continuous operation of the RMS systems. This includes, but is not limited to, performing system and file backups, routine configuration changes, installation of operating system and patches, system and database backups, system and database performance tuning, network problem diagnosis, and system monitoring and preventive maintenance. h. Customer shall coordinate hardware repairs with the appropriate third -party hardware maintenance provider. Document Prepared 08/20/09 SMK RMS_0909 Page 4 of 7 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT 5. TERM The term during which NORTHROP GRUMMAN shall be obligated to perform under Section 2 shall commence December 2, 2009, and, unless terminated pursuant to the NORTHROP GRUMMAN MASTER MAINTENANCE AGREEMENT shall continue for a period of five (5) years. 6. LICENSE With respect to each correction to the Software System furnished to Customer under this Agreement, Customer is granted a non-exclusive, non -assignable, non -transferable license to use such correction solely as appropriate as part of the Software System as defined in the" License" Article of the Agreement for the System(s). Document Prepared 08/20/09 SMK_RMS_0909 Page 5 of 7 Northrop Gmnunan Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT - EXHIBIT A - SOFTWARE SYSTEM The software system to be maintained under this Agreement including any unique technical conditions is as follows: 1. The Customer's Records Management System as defined in the Functional Specification Document as well as any enhancements submitted to and accepted by the Customer including any additional contractual work performed by Northrop Grumman Document Prepared 08/20/09 SMK_RMS 0909 Page 6 of 7 Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE MAINTENANCE SUB -AGREEMENT - EXHIBIT B - SERVICES TO BE PROVIDED 1. Basic software service shall be provided five (5) days per week from 5:30 a.m. through 5:30 p.m. Pacific Time excluding NORTHROP GRUMMAN holidays. Calls made outside the above Basic service times will be billable as follows: Year 1 - $1,140 per call for the first four hours of consultation and $285/hour for an additional consultation Year 2 - $1,200 per call for the first four hours of consultation and $300/hour for an additional consultation Year 3 - $1,260 per call for the first four hours of consultation and $3I5/hour for an additional consultation Year 4 - $1,320 per call for the first four hours of consultation and $330/hour for an additional consultation Year 5 - $1,388per call for the first four hours of consultation and $347/hour for an additional consultation However, if Serious problems arise (see 3. Severity Level) and the Customer cannot correct them by following the system management procedures previously supplied by NORTHROP GRUMMAN, calls made outside of the Basic service times will not be billable. The determination of whether an after- hours call is billable will be made solely by NORTHROP GRUMMAN. 2. ON DEMAND MAINTENANCE SERVICES - ODMS ODMS is defined as forty (40) contiguous hours of remote NORTHROP GRUMMAN Programmer services for the "NORTHROP GRUMMAN installed system" (System). Services to be performed by the NORTHROP GRUMMAN Programmer are at the discretion of the Customer. It is advisable to transmit to . NORTHROP GRUMMAN, prior to the NORTHROP GRUMMAN Programmer service, a list of work descriptions desired by the Customer. The ODMS to be performed by the NORTHROP GRUMMAN Programmer will be on a "best effort" basis. If the work is not complete or task finished by the NORTHROP GRUMMAN Programmer at the end of forty (40) hours, the Customer has the option to contract for additional ODMS or have NORTHROP GRUMMAN complete the work on a "time and materials" (T&M) basis. The additional ODMS or T&M work will have to be mutually agreed to and scheduled. ODMS work completed by NORTHROP GRUMMAN will then be transferred and maintained under the Master Maintenance Agreement. The annual ODMS rates for forty (40) hour blocks is as follows: Year 1 - $10,000 Year 2 - $10,500 Year 3 - $11,025 Year 4 - $11,500 Year 5 - $12,000 Customer has the option to have the NORTHROP GRUMMAN Programmer on site. Travel is not included in the rates as defined as above. Travel shall be billed at cost plus 10%. Document Prepared 08/20/09 SMK_RMS_0909 Page 7 of 7 .A111:/1111:1110. CERTIFICATE OF LIABILITY INSURANCE DATE( o/DD/w) PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Northrop Grumman Corporation its divisions and subsidiaries 1840 Century Park East Los Angeles, CA 90067 INSURER A National Union Fire Ins Co of Pittsburgh 19445 INSURER B: INSURER C Insurance Company of the State of PA 19429 INSURER D: INSURER E T' , ,C it ,r >'a �" va,5 r s. °✓ { _ s"ti* s� 1 Pa 1.=L"',' v a s '>l `z!� `" r. Mt a .. 49h';€"r`�„sa'§ r.. a",a:''+ ,�.j.,v a:`w ' ';t's.-..5"r.. .wa ' x*x. n S -`� nk•� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. INSR LTR ADD'L MSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYI POLICY EXPIRATION DATE (MMIDD/YY LIMBS A GENERAL LIABILITY O COMMERCIAL GENERAL LIABILITY �� ❑ CLAIMS MADE :,J OCCURRENCE r E GEN'L AGGREGATE LIMIT APPLIES PER: G POLICY C PROJECT n LOC GL1872111 1/1/2009 1/1/2010 EACH OCCURRENCE $ 2'QQQ,QQQ DAMAGE TO RENTED PREMISES (Ea DLCUIenCe) $ 2,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS — COMP/OP AGG $ 2,000,000 A C LIABILITY IIJ ANY AUTO Mil i ALL OWNED AUTOS ESCHEDULED AUTOS L HIRED AUTOS E NON OWNED AUTOS LI CA6506041 1/1/2009 1/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ n GARAGE LIABILITY ■ ANY AUTO AUTO ONLY —EA ACCIDENT $ OTHER THAN ACC $ AUTO ONLY: AGG $ n EXCESS /UMBRELLA LIABILITY Li OCCUR n CLAIMS MADE n DEDUCTIBLE IIRETENTION EACH OCCURRENCE $ AGGREGATE $ $ $ $ C WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR !PARTNER / EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? If Yes, describe ender SPECIAL PROVISIONS below WC5455908 1/1/2009 1/1/2010 IS wcsrnru- LJ OTHER TORV LIMITS .,.. .. ...,. EACH ACCIDENT $ 2,000,000 E.L. DISEASE — EA. EMPLOYEE 2,000,000 E.L. DISEASE —POLICY LIMIT $ 2,000,000 A OTHER Professional Liability GL1872112 1/1/2009 1/1/2010 Limit of Liability $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 09-10 2M Northrop Standard 246779 The City of National City, its elected officials, officers, agents and employees are Additional Insured under the General Liability and Automobile Liability policies as their interests may appear to the extent covered by the insurance policy. Where required by written contract, waiver of subrogation in favor of the certificate holder applies to the workers' compensation policy. 4 n4©W i .Ogg ` �{ '-3ssux'�>.'-r,m+ �t^§� c - `;g o lia .Pz fe T„T, er3.o� `a"'�'' `' orav 'i�T Feu SW, w �.,� .,. #' , .x.7 r +.'x- v � Yuen-W`: Z r.:cr SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City Attorney's Office t THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Attn: Ginny Orcutt ?Y CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATIO 1243 National City Blvd. Gtk OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. National City, CA 91950-4301 "i AUTHORIZED REPRESENTATIVE ,,,,,/�✓ p{ �+�� .S4 •Afe ✓X A�..Sot�f Alex^✓e. ,"p r.. p 6 6. f t YR ¢'v,.�r "^"' +�a..a +:L1U' �w}5 'a L°'S Sims'^-.e s ^z •YJ -d^'t _ i:.1 42 $ 7 P Y' �.. '� v . _-..S•s.�'-.'��`. �1..,s �.r. Y• 3 -L: '" .e r.;`�' ° "fi '�'l'>.C�I�;.is�'�� �5v �' ')u. � /�'.I.�>.. @r City of National City, California COUNCIL AGENDA STATEMENT ETING DATE Dec 1, 2009 11 AGENDA ITEM NO. (-ITEM TITLE Warrant Register #18 for the period of 10/28/09 through 11/03/09 in the Amount of $3,359,359.71 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette La 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 10/28/09 through 11/03/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of San Diego 229973 1,256,612.00 Sewerage System Health Net 229989 70,778.19 Health Ins Nov 09 Kaiser Health 229996 137,047.66 Kaiser Ins Nov 09 J Environmental Review N/A MIS Approval Financial Statement Not applicable. >STAFF RECOMMENDATION Ratification of warrants in the amount of $3,359,359.71 BOARD / COMMISSION RECOMMENDATION Approved B inance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #18 A-200 (Rev. 7/03) }, GAI,F©RN{A -K+ 1/3 PAYEE BUSTAMANTE & ASSOC DIXIELINE BUILDERS G.A. DOMINGUEZ HUSK PARTNERS THE KARAOKE SPECIALIST THE SOHAGI LAW GROUP ABCANA INDUSTRIES AIRGAS-WEST AMERICAN ROTARY BROOM CO., INC ARELLANO FAMILY TRUST ASSI SECURITY AT & T MOBILITY AT&T/MCI AT&T/MCI BANK OF AMERICA BLACKIE'S TROPHIES AND AWARDS BRENNTAG PACIFIC, INC. ^ROADWAY AUTO GLASS APF .;ALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CDWG CEB CHAVEZ-VASQUEZ CITY OF SAN DIEGO COOPER'S PLUMBING & HEATING CORPORATE EXPRESS/STAPLES COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DEPARTMENT OF TRANSPORTATION DREW FORD ENVIRONS LANDSCAPE ARCHITECTURE ESGIL CORPORATION FENTON FERGUSON ENTERPRISES, INC FLEET SERVICES, INC FLINT TRADING, INC. FRANKLIN PRODUCTS GRAINGER HD SUPPLY EALTH NET EALTH NET HEALTH NET IKON OFFICE SOLUTIONS INTEGRITY CHARTER SCHOOL INCORPORATED WARRANT REGISTER # 18 11/3/2009 DESCRIPTION CONSULTING SERVICES CONSTRUCTION EXPENSES NATIONAL CITY KIMBALL HOUSE CONSULTING SERVICES ADVERTISING PROFESSIONAL SERVICES MUNICIPAL POOL CHEMICALS MATERIALS & SUPPLIES SWEEPER REPAIRS HEALTHY HOMES UNIT REPAIRS CITY-WIDE SECURITY REPAIRS ATT SECURE WIRELESS CIRCUIT FOR PD TELECOMMUNICATIONS SERVICE TELECOMMUNICATIONS SERVICE DSL EXTREME - ITS NAME TAGS POOL CHEMICALS WINDSHIELD FIRE/LTD NOV 2009 ELECTRICAL MATERIALS PARADISE CREEK LITTER REMOVAL PD/LTD NOV 2009 AUTO PARTS ASA 5500/IPS 4200 4PORT GIGABIT ETH LEGAL LITERATURE HEALTHY HOMES UNIT REPAIRS METROPOLITAN SEWERAGE SYS CHGS CITY-WIDE PLUMBING SERVICES OFFICE SUPPLIES MAIL PROCESSING SERVICES TIRES FOR CITY FLEET HIGHWAY LIGHTING AUTO PARTS LANDSCAPE - KIMBALL PARK SOCCER PLAN CHECK REIMB - TRAINING WORKSHOP PLUMBING MATERIALS AUTO PARTS MARKINGS #8130128, PM125WH Q1 BD 8', BADGES ELECTRICAL MATERIALS OVER COUNTER PLUMBING MATERIAL HEALTH INS H0067A NOV 2009 HEALTH INS NOV 2009 57135J HEALTH -FULL NETWORK 57135A-NOV 2009 CANON STAPLES REFUND OF C&D FEES CHK NO DATE AMOUNT 229947 11/3/09 6,000.00 229948 11/3/09 38,462.46 229949 11/3/09 9, 431.60 229950 11/3/09 7,500.00 229951 11/3/09 2,150.00 229952 11/3/09 2,703.70 229953 11/3/09 261.73 229954 11/3/09 98.38 229955 11/3/09 802.39 229956 11/3/09 1,590.50 229957 11/3/09 295.00 229958 11/3/09 306.80 229959 11/3/09 7,641.80 229960 11/3/09 5,088.50 229961 11/3/09 38.34 229962 11/3/09 32.93 229963 11/3/09 755.10 229964 11/3/09 286.01 229965 11/3/09 672.00 229966 11/3/09 164.40 229967 11/3/09 960.00 229968 11/3/09 1,755.00 229969 11/3/09 19.76 229970 11/3/09 3,402.25 229971 11/3/09 328.31 229972 11/3/09 2,207.50 229973 11/3/09 1, 256, 612.00 229974 11/3/09 70.00 229975 11/3/09 3,925.44 229976 11/3/09 9,794.57 229977 11/3/09 383.39 229978 11/3/09 2,734.41 229979 11/3/09 47.57 229980 11/3/09 1,341.34 229981 11/3/09 189.00 229982 11/3/09 108.90 229983 11/3/09 53.27 229984 11/3/09 61.89 229985 11/3/09 3,379.87 229986 11/3/09 368.64 229987 11/3/09 933.78 229988 11/3/09 257.29 229989 11/3/09 70,778.19 229990 11/3/09 1,092.24 229991 11/3/09 11,811.30 229992 11/3/09 126.21 229993 11/3/09 924.00 -0- CALIFORNIA --E+- 2/3 PAYEE JEFF KATZ ARCHITECTURE JERAULD'S AUTOMOTIVE SERVICES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS MANPOWER OF SAN DIEGO MATERIAL SALES INC. METRO FIRE & SAFETY NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY ONE DAY PAINT & BODY (INC.) ONE SOURCE DISTRIBUTORS ORCUTT PACIFIC AUTO REPAIR PERRY FORD PLANET BIDS. INC. PRO BUILD PRUDENTIAL OVERALL SUPPLY RED WING SHOES RELIANCE STANDARD REYES RICK ALBA APPRAISAL SERVICE ROBERT HALF LEGAL ROSS INDUSTRIES SAM'S ALIGNMENT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO REGIONAL COMPUTER SAN DIEGO SPEEDO TACH, INC. SD BMW MOTORCYCLES STAPLES ADVANTAGE STRATACOM THE HOSE PROS THE LIGHTHOUSE, INC_ THELINCOLN NATIONAL LIFE INS. TNG SECURITY, INC. TOPECO PRODUCTS U S BANK CORPORATE PAYMT SYS U.S. HEALTHWORKS VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WESTAIR GASES & EQUIPMENT WESTFLEX INDUSTRIAL ZEE MEDICAL, INC. NATIONAL G� airy INCORPORATES) WARRANT REGISTER # 18 11/3/2009 DESCRIPTION NOVEMBER 30, 2008 R&M AUTO EQUIPMENT KAISER INS ACTIVE NOV 2009 KAISER RET INS NOV 2009 TEM EMP SVC -WEEK ENDING 10/04/09 SUPPLIES FOR PARK DEPARTMENT EQUIPMENT MAINTENANCE AUTO PARTS R&M CITY VEHICLES 5 - LETTERING/DESK HOLDERS REPAIR VEHICLE # 489. ELECTRICAL MATERIALS NOTARY TRAINING R&M AUTO EQUIPMENT AUTO PARTS BIDS ONLINE SERVICE AND SUPPORT MATERIALS & SUPPLIES LAUNDRY SERVICE SAFETY BOOTS VTL NOV 2009 REFUND OF C&D FEES APPRAISAL REPORT TEMP EMP SVC WEEK ENDING 10/16/09 COLOR IMPRINT PENCILS R&M EQUIPMENT REPAIRS SD DAILY TRANSCRIPT GAS & ELECTRIC SERVICE LIABILITY CLAIM COSTS TUITION: REGIONAL OFFICERS TRAINING FORENSIC SERVICE 7/01/09-06-30-2010 SPEEDOMETER CALIBRATIONS R&M CITY VEHICLES OFFICE SUPPLIES BUSINESS CARD IMPRINTS AUTOMOTIVE SUPPLIES AUTO PARTS LIFE & AD&D, STD, LTD NOV 2009 MATERIALS & SUPPLIES MATERIALS & SUPPLIES LEAGUE OF CA CITIES - CM MEDICAL SERVICES PLUMBING MATERIALS VERIZON WIRELESS SERVICE SUPPLIES FOR FIRE DEPARTMENT AUTOMOTIVE SUPPLIES ICE PACKS CHK NO DATE AMOUNT 229994 11/3/09 2,517.25 229995 11/3/09 40.00 229996 11/3/09 137,047.66 229997 11/3/09 7,245.10 229998 11/3/09 2,291.20 229999 11/3/09 73.53 230000 11/3/09 1,421.50 230001 11/3/09 188.62 230002 11/3/09 131.34 230003 11/3/09 123.47 230004 11/3/09 6,746.83 230005 11/3/09 22.36 230006 11/3/09 407.74 230007 11/3/09 356.52 230008 11/3/09 206.26 230009 11/3/09 3,750.00 230010 11/3/09 1,438.34 230011 11/3/09 207.03 230012 11/3/09 125.00 230013 11/3/09 2,264.74 230014 11/3/09 147.00 230015 11/3/09 210.00 230016 11/3/09 992.00 230017 11/3/09 330.85 230018 11/3/09 861.41 230019 11/3/09 107.00 230020 11/3/09 1 222 38 230021 11/3/09 3,101.70 230022 11/3/09 130.00 230023 11/3/09 12, 000.00 230024 11/3/09 112.00 230025 11/3/09 551.05 230026 11/3/09 827.14 230027 11/3/09 63.66 230028 11/3/09 173.88 230029 11/3/09 26.74 230030 11/3/09 9,872.63 230031 11/3/09 550.78 230032 11/3/09 105.33 230033 11/3/09 50.00 230034 11/3/09 55.00 230035 11/3/09 499.82 230036 11/3/09 241.85 230037 11/3/09 182.15 230038 11/3/09 1.041.48 230039 11/3/09 170.74 3/3 s� a I'' rpCOR!'ORgTro WARRANT REGISTER # 18 11/3/2009 PAYEE DESCRIPTION Start Date End Date SECTION 8 HAPS PAYMENTS 10/28/2009 11/3/2009 PAYROLL Pav period Start Date Fnd Date Check Date 22 10/6/2009 10/ 19/2 0 0 9 10/28/2009 Special Payroll 10/20/2009 CHK NO DATE AMOUNT A/P Total 1,658,178.84 GRAND TOTAL 694,989.30 999,989.55 6,202.02 $ 3,359,359.71 o INCORoRsiceicelw PORATED Warrant Register # 18 11/3/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 208 SUPP. LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 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 947, 836.84 29,206.96 20, 587.31 1,326.24 1,274,469.91 3,317.14 2,523.74 1,208.48 4,049.14 13,437.27 2,211.78 966.49 5,213.65 1,747.43 12,000.00 1,148.23 14,677.70 45, 090.87 1,465.23 4,758.00 3,101.37 8,011.90 6,133.42 716, 512.45 1,105.64 88,703.06 40,462.41 24,567.88 7,224.09 3,053.89 2,755.94 6,850.00 14,781.25 16,174.60 23,271.06 8,337.34 1,071,00 3,359,359.71 City of National City, California COUNCIL AGENDA STATEMENT ETING DATE Dec 1, 2009 AGENDA ITEM NO. 12 ITEM TITLE Warrant Register #19 for the period of 11/04/09 through 11/10/09 in the Amount of $306,332.06 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette L 619-336-43 Per Government Section Code 37208, attached are the warrants issued for the period of 11/04/09 through 11/10/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Villa Ford Check# 230157 Amount Explanation 52,215.46 2- 2009 Crown Victoria PD Cars Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B c... Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $306,332.06 BOARD / COMMISSION RECOMMENDATION 1TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #19 A-200 (kev.7/03) PAYEE AGUIRRE BOOT WORLD CITY OF NATIONAL CITY DESROCHERS EDCO DISPOSAL CORPORATION H. DAMON BRADEN OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO HOUSING FEDERATION SAN DIEGO TROLLEY INC SDG&E STAPLES ADVANTAGE STRADLING YOCCA CARLSON VERONICA TAM & ASSOCIATES XEROX CORPORATION 3T EQUIPMENT COMPANY, INC_ AEARO CO/AOSAFETY FRESH PRODUCTS RICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS AUSTIN DOORS BEARD BRENNTAG PACIFIC, INC. BROADWAY AUTO GLASS CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALPERS CAMACHO CARQUEST AUTO PARTS CITY OF CARLSBAD CITY OF CHULA VISTA COMMCINEMA INC. COMMERCIAL AQUATICS SERVICES D MAX ENGINEERING INC DALEY & HEFT LLP DELL MARKETING CORP DELTA DENTAL DELTACARE (PMI) DIAMOND ENVIRONMENTAL SVCS DOCUFLOW SOLUTIONS, INC DREW FORD ERIAN EX FIRE ETC FIT TO WORK, INC GIEDD N WARRANT REGISTER # 19 11 /10/2009 DESCRIPTION REIMB - HUD HOME PROGRAM ADMIN MOP 64096 BOOTS - NEIGH SVCS PREMIUM FOR CITY INS -1ST TIME HOME RETIREMENT BENEFIT - NOV 2009 WASTE DISPOSAL - OCT 2009 CONSULTANT AGREEMENT-WESTSIDE WESTSIDE BROWNFIELD GRANT MOP 45742 LAUNDRY SERVICE NEWS READING AND CLIPPING SVC MEMBERSHIP RENEWAL FLAGGING SERVICE 1202 HIGHLAND AVE - UTILITIES MOP 45704 OFFICE SUPPLIES - S8 RDA PLAN AMENDMENT CONSULTANT AGREEMENT LEASE CHG 09/21-10/30/09 16 PIN MALE CONNECTOR SAFETY GLASSES FOOD FOR NUTRITION SWEEPER REPAIRS FY 2010 FUEL FOR CITY FLEET AS NEEDED FOR REPAIRS, REPLACEMENTS AS NEEDED FOF 125 PLAN REIMBURSEMENT MUNICIPAL POOL CHEMICALS (CHLORINE) F WINDSHIELD CLEAR W/BAND BREAD DELIVERY FOR NUTRITION CITY WIDE ELECTRONIC DOOR REPAIRS & MOP #45698 ELECTRICAL MATERIALS EXPERT & CONSULTANT SERVICES REIMBURSEMENT MOP #47557 AUTO PARTS TECHNICAL PERSONNEL CHARGES ANIMAL SHELTER COSTS FOURTH OF JULY MOVIE POOL SERVICE, REPAIRS, PURCHASE FIRST REVIEW - THE GATEWAY LIABILITY CLAIM COSTS DATACENTER BACKUP SERVER DENTAL INS NOV 2009 DENTAL INS PMI NOV 2009 PORTAPOTTIES RENTAL. ANNUAL TYPEWRITER MAINTENANCE MOP #49078 AUTO PARTS CREDIT CHECKS FOR NEW PD EMP SPECIAL MAIL HANDLING VPS CONTROL VALVE AIR ACTUATOR ERGONOMIC EVALUATION & REPORT TRAINING CHK NO 230040 230041 230042 230043 230044 230045 230046 230047 230048 230049 230050 230051 230052 230053 230054 230055 230056 230057 230058 230059 230060 230061 230062 230063 230064 230065 230066 230067 230068 230069 230070 230071 230072 230073 230074 230075 230076 230077 230078 230079 230080 230081 230082 230083 230084 230085 230086 230087 DATE 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 11/10/09 113 AMOUNT 406.01 203.29 116.15 110.00 104.75 2,000.00 472.00 40.02 66.50 550.00 48.59 23.50 59.51 2,385.92 663.87 443.23 287.33 56.80 3,073.50 1,021.07 26,154.71 5,050.00 576.75 1,303.82 170.69 132.00 50.86 51.73 800.00 806.00 90.88 47.86 8,321.61 3,398.00 435.76 1,546.25 5,759.10 7,515.51 14,370.14 3,606.97 586.17 130.00 115.23 27.72 30.65 261.90 625.00 433.36 �-a CALIFORNIA 2/3 PAYEE GRAINGER GRANICUS INC. GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HdL COREN & CONE HOME DEPOT/GECF HYDRO-SCAPE PRODUCTS INC. IKON OFFICE SOLUTIONS/IOS IRON MOUNTAIN RECORDS J.J. KELLER & ASSOCIATES, INC. JAIME LASER SAVER INC LOPEZ MACHADO MAINTEX, INC. MANPOWER OF SAN DIEGO MARIN CONSULTING ASSOCIATES MARTINEZ MAYER HOFFMAN MCCANN P C MCGUIRE DISTRIBUTING MISSION UNIFORM SERVICE MONTGOMERY KONE, INC. NAPA AUTO PARTS NEXUS IS, INC ONE SOURCE DISTRIBUTORS ORCUTT PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PERRY FORD PMW ASSOCIATES POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY QUICK START INTELLIGENCE REYNOSO ROBERT HALF LEGAL ROE RON BAKER CHEVROLET SAN DIEGO COUNTY BAR ASSOC SAN DIEGO COUNTY BAR ASSOC SAN DIEGO COUNTY BAR ASSOC SAN DIEGO HYDRAULICS SAN DIEGO ORGANIZING PROJECT SAN DIEGO SPEEDO TACH, INC SANDOVAL SASI SD BMW MOTORCYCLES SDG&E INC08poRATED WARRANT REGISTER # 19 11/10/2009 DESCRIPTION MOP #65179 ELECTRICAL MATERIALS WEBCAST/LIVECAST MANAGED-NOV 09 NETWORK ENGINEERING HOURS MEAT DELIVERY FOR NUTRITION CONTRACT SVCS PROPERTY TAX PINE CLEANER MOP #45710 VALVES & FITTINGS COPIER EQUIPMENT LEASE PAYMENTS RECORD MGMNT/DOCUMENT STORAGE PROGRAM INSPECT DATE LABEL REFUND OF C&D FEES PRINTER MAINTENANCE/REPAIR SVC TRANSLATION SVCS 11/03/09 TRAINING MISCELLANEOUS JANITORIAL SUPPLIES WEEK ENDING 10/5/09 TUITION REIMBURSEMENT 4TH BILLING - ANNUAL AUDIT 6/30/09 MILK/DAIRY DELIVERY WEEKLY CLEANING/LAUNDRY SVC REPAIRS & MAINTENANCE TO ELEVATORS MOP #45735 SMALL TOOLS PHONE SYS ADD MOVES CHANGES MOP #67256 ELECTRICAL MATERIALS TRAVEL REIMBURSEMENT SMOG CERTIFICATION & REPAIRS FOR CITI JANITORIAL SUPPLIES FOR NUTRITION MOP #45703 R&M AUTO EQUIPMENT TUITION MOP #67839 AUTO PARTS MOP #45707 SMALL TOOLS MOP #45742 LAUNDRY SERVICE ESSENTIAL MICROSOFT EX. SERVER ED. REIMBURSEMENT ALISA M. AUZENNE WEEK END. 10/23/09 125 PLAN REIMBURSEMENT LABOR, TRANSMISSION REPAIRS 2010 MEMBERSHIP DUES 2010 MEMBERSHIP DUES MEMBERSHIP FOR 2010 HYDRAULIC BLINDS SDOP CELEBRATORY DINNER SPEEDOMETER CALIBRATIONS FOR CITY LIABILITY CLAIM PROCESSING CHGS 11/01/09-01/31/10 R&M CITY VEHICLES AS NEEDED FOR FISC/ STREET DIVISION GAS & ELECTRIC CHARGI CHK NO DATE AMOUNT 230088 11/10/09 249.71 230089 11/10/09 1,477 35 230090 11/10/09 1,950.00 230091 11/10/09 2,233.94 230092 11/10/09 2,400.00 230093 11/10/09 22127 230094 11/10/09 458.30 230095 11/10/09 19,119.57 230096 11/10/09 125-00 230097 11/10/09 93.12 230098 11/10/09 92.40 230099 11/10/09 1,616.29 230100 11/10/09 140.00 230101 11/10/09 656.92 230102 11/10/09 1,934.99 230103 11/10/09 832.00 230104 11/10/09 235,00 230105 11/10/09 1,206.00 230106 11/10/09 1,000.00 230107 11/10/09 565-88 230108 11/10/09 61.66 230109 11/10/09 3,464.07 230110 11/10/D9 48.66 230111 11/10/09 332.00 230112 11/10/09 182.62 230113 11/10/09 56.22 230114 11/10/09 478.20 230115 11/10/09 505.83 230116 11/10/09 1,935.46 230117 11/10/09 561.00 230118 11/10/09 357.95 230119 11/10/09 616.93 230120 11/10/09 314.79 230121 11/10/09 2,595.00 230122 11/10/09 1,200.00 230123 11/10/09 2,048.00 230124 11/10/09 60.00 230125 11/10/09 995.52 230126 11/10/09 195.00 230127 11/10/09 180 00 230128 11/10/09 180.00 230129 11/10/09 356.69 230130 11/10/09 75.00 230131 11/10/09 84.00 230132 11/10/09 6.509.63 230133 11/10/09 216.00 230134 11/10/09 39318 230135 11/10/09 35,317.69 . - CALLFORNiq } 3/3 PAYEE SHOEMAKER SMART & FINAL SOUTHWEST SIGNAL SERVICE, INC. SPARKLETTS WATER STAPLES ADVANTAGE SUN BADGE COMPANY INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO TAB PRODUCTS CO TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE, INC. THE SAN DIEGO UNION TRIBUNE THE STAR NEWS TURF MAKER TURNER'S PORTABLE WELDING U S BANK CORPORATE PAYMT SYS U.S. HEALTHWORKS UNDERGROUND SERV ALERT )N-TRIBUNE PUB. CO. MAIN ST ANIMAL HOSPITAL VELAZQUEZ VILLA FORD WADE & ASSOCIATES WESTFLEX INDUSTRIAL SECTION 8 HAPS PAYMENTS ao E INCORPORAA TED WARRANT REGISTER # 19 11/10/2009 DESCRIPTION 125 PLAN REIMBURSEMENT MOP45756 KITCHEN SUPPLIES -FIRE INV 49610- TRAFFIC & STREET LIGHTING DRINKING WATER SVC MOP 45704 OFFICE SUPPLIES BADGE REPAIRS, REBANNERING STREET DIVISION WATER BILLS FOR FISCA'. FOOD FOR NUTRITION OFFICE SUPPLIES MOP #47940 TIRES MOP #45726 AUTO PARTS LEGAL NOTICES ADVERTISING ADVERTISING FERTILIZER REPAIRS ON V# 426. CREDIT CARD EXP - PD/PURCH/LIBRARY MEDICAL SERVICES UNDERGROUND SERVICE ALERT CHARGES ADVERTISEMENT K9 VET CARE BUSINESS LICENSE REFUND 2- 2009 FORD CROWN VICTORIA POLICE ST RESURFACING MARK -OUT MOP #63850 AUTO PARTS Start Dale 11 /4/2009 End Date 11 /10/2009 CHK NO DATE AMOUNT 230136 11/10/09 760.00 230137 11/10/09 213 48 230138 11/10/09 12, 515.09 230139 11/10/09 30.28 230140 11/10/09 376.10 230141 11/10/09 210.75 230142 11/10/09 667.38 230143 11/10/09 4,041.88 230144 11/10/09 185.01 230145 11/10/09 170.12 230146 11/10/09 97.92 230147 11/10/09 3,040.00 230148 11/10/09 984.00 230149 11/10/09 491.90 230150 11/10/09 473.78 230151 11/10/09 1,648.77 230152 11/10/09 85.00 230153 11/10/09 238-50 230154 11/10/09 137.60 230155 11/10/09 675.98 230156 11/10/09 100.00 230157 11/10/09 52,215.46 230158 11/10/09 20,560.00 230159 11/10/09 40.29 A/P Total 290,418.84 15,913.22 GRAND TOTAL S 306,332.06 + CALIFORNIA NATICJ 13 INCORPORATEb Warrant Register #19 11/10/2009 001 GENERAL FUND 75,858.98 105 PARKS MAINTENANCE FUND 1,342.44 111 P.O.S.T. FUND 1,886.28 125 SEWER SERVICE FUND 723.38 166 NUTRITION 10,598.41 172 TRASH RATE STABILIZATION FUND 586.17 246 WINGS GRANT 76.90 294 HUD HEALTHY HOMES GRANT 2,012.00 307 PROPOSITION A" FUND 21,392.00 502 SECTION 8 FUND 16,415.96 505 HOME FUND 1,069.88 511 TAX INCREMENT FUND 6,654.57 522 LOW/MODERATE HOUSING FUND 666.15 626 FACILITIES MAINT FUND 29,091.51 627 LIABILITY INS. FUND 12,893.73 628 GENERAL SERVICES FUND 19,574.57 629 INFORMATION SYSTEMS MAINTENANC 10,222.11 630 OFFICE EQUIPMENT DEPRECIATION 5,284.28 631 TELECOMMUNICATIONS REVOLVING 332.00 632 GENERAL ACCOUNTING SERVICES 2,228.49 643 MOTOR VEHICLE SVC FUND 85,586.31 724 COBRA/RETIREE INSURANCE 197.29 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,546.25 731 CONSTRUCTION AND DEMOLITION DEBRIS 92.40 306,332.06 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 1, 2009 AGENDA ITEM NO. 13 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit Application to Allow an Acupuncture Clinic at an Existing Residential Unit within the General Commercial — Planned Development (CG-PD) Zone Located at 910 A Avenue, No. 19. (Applicant: Dynamic Ilealth Center/Janice Martinelli) (Case File 2008-14 CUP) PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Development Services/Planning Division EXPLANATION The project site is 2,875 square foot parcel situated within the General Commercial zone and Development Zone 5A of the Downtown Specific Plan. The request involves operating a mixed use, residential and office, within a residential unit fronting on A Avenue. The unit is one of a ten row homes known as Brick Row. Both zones allow residential and commercial mixed -uses with the approval of a Conditional Use Permit. Two other CUPs were previously approved for mixed -uses along Brick Row. The Planning Commission conducted public hearings on October 5, and November 16, 2009 and voted 7-0 to approve the request subject to the Findings and Conditions of Approval. The project is discussed further in the attached Background Report. Environmental Review x N/A Categorical Exemption, Class 1 Section 15301 Financial Statement Approved By: Funds in the amount of $12,190 are available in Local Transnet Fund Account Number 307-409-500-598-6035 for proposed accessibility improvements Account No. finance Director STAFF RECOMMENDATION Staff c s ' s with • nsn , n of the Planning Commission and recommends that the Notice of Decision be filed. B• RD/ 'M SSIO • RECoMMEADI flett� The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Planning Commission Resolution No.24-2009 3. Location Map 4. Notice of Public Hearing 5. Notice of Exemption 6. Applicant's Site Plan dated 03/27/2008 7. State Historic Building Safety Board Letter 7/25/09 8. Building Department Comments 4/10/09 11. Proposed Walkway 9. Applicant's letter dated 4/11/09 Improvements and 10. Details of Request (Exhibit A) Estimated Cost A-200 (9/99) BACKGROUND REPORT CASE FILE NO. 2008-14 CUP 910 A AVENUE The applicant is proposing to utilize 500-square foot area of the first floor as an acupuncture clinic for clients by appointment only. There is no expansion proposed. Issues related to operating an acupuncture clinic include the following: 1. Availability of parking and 2. Change of occupancy from residential to commercial use. A Avenue is closed to through traffic and offers 19 angled parking spaces used by residents along A Avenue, visitors to the historic Kimball House, and clients of two existing businesses in Brick Row. Additionally, there are eight (8) vertical parking spaces on 91h Street including one van accessible space with a truncated accessible curb access. Based on the current Land Use Code, the commercial use would require one space required for each 250-square feet and the residential use would require two (2) spaces. Two parking spaces are available to the unit from the alley. Parking adequacy is met since the unit provides two on -site parking spaces and there is available street parking. Shared street parking between the residents and businesses may be accommodated during the day as many residents work and the clinic would operate during daylight hours on an appointment basis only. Approval of a Change of Occupancy requires compliance with California Access Regulations contained in Chapter 11 B of the 2007 California Building Code. The applicant would need to provide an accessible restroom, path of travel to the restroom and accessible parking, and a handicap ramp into the unit. Compliance with these regulations is proposed as follows: • There's a handicap van accessible parking space at the north side, on 9th Street which meets the accessibility requirements. • A portable accessible ramp will be used as needed for access into the unit. • A public accessible restroom was recently constructed at the rear of the Kimball House within the distance requirements to the proposed clinic. Access to the restroom can be can be provided by installing accessibility improvements (striping, signage, and curb cuts) across A Avenue. The City will be installing the walkway improvements for public access from Brick Row to the historic Kimball house over the next several months with the use of Transnet A funds. The estimated cost of these public improvements is $12,190. Summary The proposed acupuncture service is consistent with the multi -use zoning and intent of the Downtown Specific Plan. There are no impacts associated with the proposed use since the site is within an existing commercial area, on -site parking is available and adequate street parking is provided, and accessibility requirements will be met. All improvements would he installed prior to issuance of a business license and change of occupancy from a residential to commercial use. RESOLUTION NO. 24-2009 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ACUPUNCTURE CLINIC WITILIN AN EXISTING RESIDENTIAL UNIT LOCATED AT 910 A AVENUE, NO. 19 APPLICANT: JANICE MARTINELLI CASE FILE NO. 2008-14 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Pcrmit to allow an Acupuncture Clinic within an existing residential unit located at 910 A Avenue, No. 19 (APN: 556-471-07-00), at a duly advertised public hearings held on November 16, 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. 2008-14 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 November 16, 2009, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is contained within an existing building that serves both residents and commercial uses and required parking for the acupuncture clinic is during the day when parking demand for the residential uses are reduced. 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 site little traffic will be generated by the use since the clients are served on an individual basis by appointment only. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within the existing 500-square foot suite and no expansion is proposed. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide services within the downtown and further serve for redevelopment of downtown. BB IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an acupuncture clinic at 910 A Avenue, No. 10. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No_ 2008-14 CUP, dated 3/27/2008. 2. 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 Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division 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 Division prior to recordation. 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. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. 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. 6. Prior to issuance of a change of occupancy from the Building Official, the applicant shall comply with accessibility requirements of the 2007 California Building Code. 7. To comply with 2007 California Building Code, access to a handicap accessible restroom shall he provided to the site to the satisfaction of the Building Official. 8. Any expansion to the building shall be conducted to conform to the California's Office of Historic Preservation requirements for historic structures. All plans shall be submitted to the Building Division for review and approval with the payment of appropriate building plan check and permit fees. 3 Finance 9. Prior to issuance of a business license, the applicant shall comply with accessibility requirements for access to a handicap restroorn in accordance with 2007 California Building Code. Fire 10. 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. Planning 11. All services shall be conducted by appointment only to allow for accessible ramp to be installed as needed and to limit the impact on parking. BE ET FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE [T 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 November 16, 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores CHAIRMAN 3-P D 0 % et. 0 n. 9�a �- 2 90\ 1 916; 2 922-426 g21 ► - - Subject Parcel — — — Zone Boundary ,,,g28�,, 999 aJU -- CD Cry O g30 RS-3_ PD , I I 75 150 I Feet 300 w APN: 556-47 1 -07 Planning Commission October 5, 2009 2008-14 CUP Location M.ap 09.23 09 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT TO ALLOW AN ACUPUNCTURE CLINIC WITHIN AN EXISTING RESIDENTIAL UNIT LOCATED AT 910 A AVENUE, NO. 19 CASE FILE NO.: 2008-14 CUP, APN 556-471-07-00 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 5, 2009, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on a proposed 500-square-foot acupuncture clinic within an existing residence. (Applicant: Dynamic Health Center). The site is located on the north side of A Avenue, south of 9t Street within the Commercial General zone (CG-PD). The zoning allows mixed -use with approval of a Conditional Use Permit. The unit is located within the historic Brick Row listed on the National Register. No exterior expansion or exterior change to the historic property is proposed. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., October 5, 2009, who can be contacted at 619-336-4310 or planning nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARBABAKI Development Services Director CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2008-14 CUP Project Location: 910 A Avenue, No. 10, National City, CA 91950 Contact Person: Peggy Chapin, Principal Planner Phone Number: (619) 336-4319 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit to conduct an acupuncture clinic within an existing row home located within a Commercial General (CG-PD) zone that permits multi -use residential/commercial uses. Applicant Name and Address: Janice Martinelli 926 A Avenue National City, CA 91950 Telephone Number: (619)962-4128 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1, Section 15301 (Existing Facilities) 15303 (Conversion of Small Structures) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 1506163) Reasons why project is exempt: The proposed use is an office use within an existing mixed -use residential commercial structure on a Commercial General zoned parcel. No expansion is proposed and the proposed use is consistent with the General Plan and the Downtown Specific Plan. PEG it r PIN ! ate: 9pD/O y Principal ' lanner Exfeting Trophy ..Ou'nge Bar Exretr, EDCC O ri Ge 6ul Idrna_ Empty Lote PAVED AL_EY I I i 8 W 4r..y r 90 AAve erg Wury Ruiy i New p NUON R- R.YAw� 4v Lrao r irewe. VrMe. •, rsM1 Ya. h6Yu D 1.rs® ® 11 `a.19 OO `> z '„ n 719 '5I '6� IS ix 13r 7 H l0 3 8 F AVENUE Exrstrng Wletorl0dl NouaO Ex lsUng 4ietcrl Cal 40V69 EXISTING PLOT PLAN Exleting Ncdl NokAeuee UNIT IS AXISTING 'A' AVENUE EXTERIOR ELEVATION PNOTOS E%f3UUng N!9tpiCd: Nouee AREA USAGE CALC rls,A,FR Ar FSE AREA. $12-F1, PARTIAL [NTT .vl HAM R1 34* PARLOR 13 PP•CER R1 TES TOTAL 464GE (la.. Non SCOW. 491.5 x OPT}��w SIGN DETAIL NAIYUNAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2008-14 CUP DATE 3/27/2008 n en �o.r.A'+I.mA., nlrRrN UN N'.uee N w. EXISTING FLOOR PLAN PROJECT DATA - UNIT IE Ex16T1.0 ERICA * H a112CUEO ,.6tbRr RE a1DENTIALCC^MERCIAL A t LOCATED 61 GENERAL CCMIERCI4L TONE errx 400raee. Ile A A•wva Netl eMl G14y 01. 91850 OYES MARTINE, JANIGE twt 06.1•00 142 ure, #WEPORE PAR^WL IAI e66.41I.01.E0 f.F.G6L.oGlr2= tffG Ci' W Le• 19, BLOCK I MAP 1Le 7,11189, GENERAL CQ1"IERCIAL Vs. eB 4 C 4 SPACE.•1 FROM')] REAR SCOPE OF'r10RK • UNIT 19 NO CONSTRUCTION'•IODIFIC4TIONS APFLIGATION FOR A GGNDIIIA.A'. JSE PEW,' •0 PERMIT COMMERCIAL 45E OF LESS THAN 9F0 fix CS THE IST FLOOR AND POST A C1.141N-MaNTED. NO4•ILL'JMIN4TED. AE'N x 16•N WOODEN SIGN FOR: .rtla,yrr SEE DEt AIL THIS SHEET. LI1y Plerflf4 D6t Diem STATE HISTORICAL BUILDING SAFETY BOARD Transmitted by Facsimile (619) 474-3859 July 25, 2008 Janice Martinelli 910 A Avenue in Brick Row National City, CA 91950 Dear Ms. Martinelli: Uutiyy v, - 10 Ave p,itIcA44-0U) Your fetter of July 15, 2008 regarding 910 A Avenue in Brick Row asks a question regarding the California Historical Building Code (CHBC) and provisions specific to your property Portable Accessible Ramp. Any ramp providing an accessible route to the subject property must have a slope no greater then 1:12 (8.33%), and be a minimum of 36 inches clear width. From what I can determine from the material provided the portable ramp identified is acceptable as long as it meets the requirements above. Please let me knowif you have additional questions. Sincerely, Richard T. Conrad, FAIA Executive Director cc: SHBSB Executive Committee h-k Atilm v1-0-611160-141 ,,tae OitArrTY) akok (ay* \P6zrvY‘,q, CLTA6 ZfcY�ard T_ Conrad, FAIA, Executive Director - 1 102 Q Street, Suite 5100. Sacramento, California 93811 • (916) 324-7180 Department of General Services • State and Consumer Services Agency . State of California • Arnold Schwarzenegger. Governor T(1T(a1 P _ 11 CC Rio 6U& VI has designed a modular, all aluminum tamp system, for both home access and commercial use_ This 36 inch wide tamp system has a load carrying capacity of 100 pounds per square foot. The ramp system consists of standard components that can be assetnhled quickly and easily with common hand took The modular components make it easy to move the ramp to a new location or change the configuration. Straight ramps, 45 degree turns, 90 degree turns, and 180 degree switchbacks arc designed to meet ADA recom- mendations. Standard handrails consist of two l'L inch diameter horizontal rails. PV1 offers optional handrail designs_ This system is able to accommodate architectural inserts to compliment the surroundings. The PV1 modulat ramp system is strong, durable, weather resistant, flexible, and yet is affotd-able enough to make it the best alternative to provide quality, functional access to many areas_ Little or no site preparation is necessary JJ -S711"r �� to Q-- in City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4301 (619) 336-4210 Fax: (619) 336-4217 April 10, 2008 To: Angela Reeder, Associate Planner From: Building and Safety Department Subject: Case File No. 2008-14 CUP The change in occupancy of this unit will require compliance with California Access Regulations contained in Chapter 11 B of the 2007 California Building Code. This will include providing accessible restrooms, path of travel from the parking area to the building, path of travel within the building, service area configuration within the establishment and handicapped parking. Refer to Section 1105B, Accessibility for Group B Occupancies, attached. Carl E. Adams Deputy Building Official City Of National City Recycled Paper Dynamic health Center Acupuncture & C,inese herbal Medicine Todd Quarles, L. Ac. August 1 I, 2008 To whom it may concern, My name is Todd Quarles, a Acupuncturist for the last 5 years and am seeking to acquire a business here in National City. It has been brought to my attention that the building floor plan does not meet the legal criteria to service a Handicap client sufficiently. In the last 5 years I have not seen a handicap person at my business. I Have established myself as an appointment only business, seeing only one person at a time. I am mobile service provider and it is the norm for me to see clients at their home. If I ever had a handicap call to schedule a appointment I would see them at their home. Please help me resolve this situation as this is a National Historic Building and the appearance must not be changed. Sincerely, 9 oAAe. NN Todd Quarles ational jty, C.a 9 1950 - lC 19)151--8750 %� Exhibit "A" Exhibit "A" Request for a CUP on 910 A Avenue. National City 91950 (also the use of one sign that will compliment the sign at "The Palace Salon" and "Hannah Lee's Special Events" on Brick Row_ Janice Martinelli Applicant is requesting a Conditional Use Pennit at the Brick Row Unit located at 910 A Avenue (next to "The Palace Salon") The intent is to create an Acupuncture Office to meet with patients by appointment. The Acupuncturist currently has his office in North Park but would like to move the office into the downstairs of the Brick Row unit that he currently resides. The occupant will live and work at home using the upstairs portion as his private residence. Currently the occupant specializes in working with professional athletes (Chargers and other athletes who have sustained sports related injuries) and he visits their place of work. He also consults on Chinese Herbs for healing as he is a graduate who studied in China. Upon occasion he sees his patients by appointment at his office during day time hours. Acupuncture dates back approximately 5000 years and began in China. It is a treatment steeped in glorious history and works well in so many cases. It is known to be very successful in both medicinal and for its ability to reduce stress and make people feel better from within. Meditation and quiet surroundings arc an important aspect. The applicant feels this is a good business to bring into National City because it is a positive, clean, historic, and health conscious business that will promote foot traffic that will stimulate the current existing businesses that surround the area. The intention is to retain the historic nature of Heritage Square within the existing neighborhood and to facilitate commercial development which will create revenue streams through retail sales tax for the City. This is consistent with the specific downtown plan and the general plan for the City. With the close proximity of Southwestern College, the dental school clinic, the Chamber of Cominerce, "Ihe "Palace Salon" and "Ilannah Lee's Special Events" (where health conscious people go for relaxation), it will be natural for people who visit Brick Row businesses and tourist to want to do business with the new Acupuncture office for consultations and Chinese herbs. Operating hours are planned between 7 a.m. and 6 p.m. The site has two parking spaces in back and two decal parking spaces in front and there are public spaces in very close proximity (on 9th Street at A Ave). The intent of the specific plan is to create a pedestrian friendly area, and the applicant has kept this in mind. The office will see people by appointment only to insure that the parking will be kept ample. Many clients of the business are elderly and use public transit. The Applicant choose this location because of the close proximity to public transit /3 There are no plans to have a retail section in this Office, the only things offered will be accessories for treatments available to the patients of the business (herbal teas, etc.). The business will carry brochures ofIlistoric Places in National City to promote the history of National City such as The Depot, Railcar Plain the Kimball Museum, Ilannah Lee's, Glass Wood Studio, the dental school at Southwestern, the Stein Farm, and Granger Music Hall. It is intended by the applicant to promote National City and maintain a professional service that will be an exemplary addition to Brick Row and the new Down Town National City. Ole"B\eci HORIZONTAL CONTROL; I 1 1 1 T 1 I 1 EXISTING. XPOSED AGGREGATE p ■ III a ■�1 A .. swot D `. `_ EXISTING BOLLARD TO BE REMOVE �t����n AND DISPOSE 4" WHITE LINE BORDERS I I I W ���M� 4" WHITE LINE DIAGONALS + W + W ����� ` 1 1 I I AT 3.-0" CENTERS + - - - - / 8 inum r� + W W W . W ���■��� + W W �����1 W 11111111W0 EXISTING POLE LIGHT + W W + 1�L1>:�I1 EXIST. GATE I/as11■1�1�� W ��It����■ AND BOLLARD \ W W + ��_______— ��I��� �MMU I NEW ISLAN. - A /m�\emu/� �1•���mo�m�m5mmem _ 1.1.1.11110111111111 TRANSITION ■�_���� -- iiii4hilkilli �1'0����������r� G-2 TO 1�11■���f /=oi I _ _.�rIM■�II��II��1�6M������ ROLLED CURB ■���..�' IIMII■IIIIIIIIIIIIIIIIIIIE' INSTALL NEW MODIFIED PED RAMP PER G-31 Mi����1�1��1mi ■t���r■ M����r• TRUNCATED ■�5���m��giNs�ngimimm1ginol MTH DOME PER G-30 ■1111111111111111r•■ i1111111101111==t•M11111111r 1111111v1111111111 1111911111111.11111•111111 INSTALL NEW PED RAMP PER G 31 I ��M�����w����� ■����11 WIN TRUNCATED DOME PER �����1��1�■������1���1� _ G-30 ���_�_� If♦��I��Um1�=�\����1•�—III ■I �� ME=M1�����r•�1�1•�1•��� ���tr+ EXPOSED AGGREGATE ��r•=��M • a�_I■It� Mi1� I I ADA LOCO TO BE PAINTED IN BLUE I I I—•� MIR 111111 r I I ADA SIGN TO BE INSTALLED M INIM I I I - I EXISTNG BRICK PAVERS I 1I L_ 1 I I EXISTING PARKING LOT SPACE 1 1 1 1 ^ 1 1 1 1 1 I I i 1 1 I 1 I REMOVE AND RESTRIPE 10 PARKING STALLS TO ACCOUNT FOR NEW PED RAMP I. re --1—� INSTALLATION OF PEDESTRIAN RAYPS 916 'A' AVENUE, NATIONAL CITY 6 CITY OF NATIONAL CITY g~ ., ■ —Q--- C v..... -D ENGINEERING DEPARTMENT Progress Est. No. 11/10(2009 Item gfl UNIT Item Description Unit Cost Total Cost 1 2 LS Installation of Pedestrian Ramp- G31 $ 2,260.00 $ 4,500,00 2 1 LS Signate/Striping. $ 1,500.00 $ 1,500.00 3 30 SF Flat Work $ 25.00 $ 750.00 4 1 LS Demo work $ 2,000.00 $ 2,000.00 5 1 LS Remove and Dispose Ballard $ 250.00 $ 250.00 6 40 LF Curb (Aggregate Expose) $ 40.00 $ 1,600.00 Total $ 10,600.00 15% Contingency $ 1,590.00 Grand Total $ 12,190.00 Funding Source: Transnet, Prop. 'A' Prepared by: Parking stall striping removaUstriping for new parking stalls, x-walk and handicap space/installation of hand cap parking sign/removal of bollard City of National City, California COUNCIL AGENDA STATEMENT 14 IEETING DATE December 1, 2009 AGENDA ITEM NO. (ITEM TITLE Request to use the Granger Music Hall by National City Historical Society for receptions on Thursday December 3, Friday December 4, Friday December 11 and Saturday December 12, 2009 from 5 pm to Midnight. PREPARED BY DEPARTMENT Brenda Hodges - Community Services Phone: (619) 336-4413 EXPLANATION Per the lease entered into on August 19, 2008 between the Community Development Commission of National City and the National City Historical Society, the NC Historical Society is granted exclusive use of the Granger Music Hall for twelve days each year at no cost. The NC Historical Society will utilize four of their twelve uses Thursday December 3, Friday December 4, Friday December 11 and Saturday December 12, 2009 from 5 pm to Midnight. The following events will take place on their respective dates: a. December 3 - Historical Society Annual Community Party h. December 4 - I,a Vista Memorial appreciation event — sponsored by the Historical Society c. December 11 & 12 - Appreciation event for those who have donated to the Historical Society over the past year. Cost: Building Use Fee: $ 50.00 Kitchen: $ 70.00 Hall Fee: $ 820.82 Custodial: $ 66.00 Total $ 1006.82 X 4 = $4,027.28 for all four events Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review NI N/A Financial Statement NA STAFF RECOMMENDATION Approve the request. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Facility Use Application L ( N •caall��f:GRNiA AL CITY r 1331 !tuft ro e s n:U City of National City Facility Use Application 140 E. 12th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility Date(s) of Use: �, -�j I \-1- \ `7- 01::\ Day(s) of Use: Time of Use: From: F) AS To: Granger Music Hal / 1 1 rg-i DeC i T LZ \')-' 'o lAMf — INCLUDE SET-UP & CLEAN UP TIME n SPG,eiy of Function/Activity: i i gt.S1-b2l [A L Is the event open to the public? e Name & Address of Organization/Group: Y t1j cal Non- profit organization No Tax ID # Anticipated Maximum Attendance: 1) -- l O D Percentage of National City Residents Sb�- d Will Admission be charged? Equipment Requested: C) Podium/Microphone Use of Kitchen: Yes C ) No Is the Use of Alcohol Requested? Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Name: Name: • Amount $ 2-5 # of chairs Phone: Phone: aitvq-l., SL9.- n4a d C6)63D kb ‘11 m4.'.c '--C 6.b v Will this be a Fund Raising Event? (' # of banquet tables v Stage **PLEASE ATTACH SEATING DIAGRAM** Use of Gas for Range and Oven: Yes ) No Yes No 0.11h.5aavL RECEIVED NOV 1 2 2009 .;OMMUNITY SERVICES DEPT NATIONAL CITY, CA How many times in the last twelve months have you requested to use a City Facility? I It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be cause0 in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Depatltment. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/ot1 injuries to persons and property that in any way may be causad by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rues and policies, and be represrrntative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Appli «: "+ recognizes and understands that use of the City's %edify may create a possessory interest subject to pr . taxation and that applicant may be subject to the payment of property levied on such interest. Applicant further agrees to pay any and all property takes, if any assessed ,during the use of the. City's facility a suant to sections 107 and 107.6 of the revenue and taxation code again. * applicant's possessory interest the City's facility. I CEER1 FY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE F CILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CO RM TO ALL OF ITS PROVISION. DATE COMPLETED: V lJ PRINT NAME: _Devnkt.,t INN e'Sca-1‘(\c.ALi O' SIGNATURE: ADDRESS OF CANT: CA2-'0-_- CITY, STATE, AND ZIP CODE: ( Ca l c\C D PHONE:yDAY `� C1102,4FAX NUMBER 6, Cl 14M 3 g99 CONTACT PERSON ON THE DAY OF THE EVENT: PHONE: { ) HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete, application must be submitted and payment submitted in advanced of the event. CELL: ( ) �� (--1-) 2 Community Services Staff Only - Rental Amotmt Received: Receipt Number: Deposit Deposit! Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single Iimit insurance for bodily!injury and property damage which include the city, its officials, agents and employees Wined as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: Person in charge of activity: Address: f e_du Gov is mumwA w Ae Telephone: E-Mail: City Facilities and/ or property requested: DateO of use: 1 4) 12 pc: ( C / *-) HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, deiri ncis, costs, losses, liability or damages for any personal injury„death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. 6, 11-1oq Signature of applicant Date Certificate of Insurance Approved by (./ but. )e 1 Name and Title s City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 1, 2009 AGENDA ITEM NO. 15 ITEM TITLE TEMPORARY USE PERMIT — Christmas Tree Lighting hosted by the Community services Department on December 10, 2009 from 5 pm to 8 pm at Morgan Square, between 9th Street and National City Boulevard. This is a City sponsored event under Policy No. 804. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Community Services Department to conduct the Christmas Tree Lighting event at Morgan Square between 9th and National City Boulevard on December 10, 2009. This event will include the lighting of the Christmas Tree ceremony, entertainment by the National School District, the Kimball Museum will be open and there will also be a Christmas bazaar where food, drinks, and various other items will be sold from booths. Street closures are required on 'A' Avenue, and 9th Street at Morgan Square. Environmental Review X N/A Financial Statement The City has incurred $237.00.00 for processing the TUP through various City departments. Total fees are $237.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Please waive fees for this event as it is a City sponsored event. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 7//73/01 Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) 11/17/2009 TUE 13:20 FAX 00 01/00 7 1 ype of Event: Public Concert Parade Motion Picture � as ctl 't iv i .�1Ai.. ue�t'��LL i'2 Fair Festival X.-Community Event Demonstration Circus _ Block Party Grand Opening _ Other Event Title. C —1 J v4 AY S Event Location: LlC- Nc i i13 61 McD(LC P ) sclo _ Event Date(s). From 121 t a to 140 Total Anticipated Attendance: Participants) ( Spectators) Munlh/Day/Year Actual Event Hours: t.r� Setup/assembly/construction Date: 11- S am/0 6 Start time: ' l - Please describe the scope of your setup/assembly work (specific details): -tie k (c5 c Dismantle Date: (a r 1d Completion Time: am/t../ List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sfee -- 421oM I ik moec1ij sgrnia€ Ps— 'kik-- 14e l-4)z,_.n i' € 4 A Z4 Sponsoring Organization: ebfr!O!4)/U / ,yJ'am/ J#Z€NDA Chief Officer of Organization (Name) For Profit '44ot-for-Pr ofil ►f�? Applicant (Name): � P1G C^_ Address. Lt O �sx T-(�� �-4 S' f- -� Daytime Phone ( ) t/J (7V Evening Phone: () Fax: ( ) Contact Person 'on site" day of the event: 01/4i C (2 2 Pager/Cellular. & (GI eat f3 Li NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 11/17/2009 TUE 13:21 FAX filoo /o07 Is your organization a "Tax Exempt, nonprofit" organization? i"'YES NO Are admission, entry, vendor or participant fees required? _ YES )NO If YES', please explain the purpose and provide amounts): Estimated Gross Receipts including ticket, product and sponsorship safes from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. include details regarding any cornponents of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. c- (1r/A%Ct . 4e-2.6rg,t a/L/ 4t)SiC4 Pi2foe ft if 5 4/ Al t'`'te /IL L De_rtou5 /Stc..iAcr ` Tki i L-€ 9, YES / NO if the event involves the sate of cars, will the cars come exclusively from National City car dealers? if NO, list any additional dealers involved in the sale: 11/17/2009 TUE 13:22 FAX 0003/007 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES 4CNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES ‘5L-NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies_ YLS1V0 Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs • Fencing, barriers and/or barricades 1- Generator locations and/or source of electricity ▪ Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers Other related event components not covered above • Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: IA) t r44i 5 0N r S 1 L 11/17/2009 TUE 13:23 FAX fdj004/007 Please describe your procedures for both Crowd Control and Internal Security YESO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _'YES ^ NO Is this a night event? If YES, please stale how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: l�t s C \ N C) S`r ak Lle-\41- \ IS 6-1 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: r J ACC ASS(et ¢. Please provide a detailed description of your PARKING plan: ..?CISt['(--1 4-- P �i�lC1 Please describe your plan for DISABLED PARKING: 4 11/17/2009 TUE 13:23 FAX I005/D07 Please describe your plans to notify all residents, businesses and churches impacted by the event: T. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. )YES NO Are there any musical entertainment features related to your event? 11 YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: V erQ -YFS NO Will sound amplification be used? If YES, please indicate: Start time: _ ar inish Tirne e, am/ _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YESNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ° NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 11/17/2009 TUE 13:29 FAX 0006/007 For Office Use Only Event: Department Date Approved? Yes No Initial. Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 11/17/20E9 TOE 13:24 FAX 0007/007 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance muss be attached to this permit. Organization Person in Charge of Activity P--01Y1 t,D(' €2 tqc> tom `' cams S;•_ Telephone 40 (y 33 io La Date(s) of Use Address HOLD HARMLESS AGREEMENT 1c), /ocr As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. gnature of cant Officia Title Dale For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE December 1, 2009 AGENDA ITEM NO. 16 ITEM TITLE Temporary Use Permit — Tijuana Toy Run hosted by the Sweetwater Motorcycles, Inc. on December 13, 2009 at 3201 Hoover Avenue with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Sweetwater Motorcycles Inc. to conduct the Tijuana Toy Run event at 3201 Hoover Avenue on December 13, 2009. This event is a motorcycle ride open to all who can operate a motorcycle with the purpose of collecting toys for Christmas. Street closures are required in the 3200 and 3300 blocks of Hoover Avenue and W. 33rd Street between Hoover Avenue and National City Boulevard only. Parking for this event will be on the street and disability parking is available at the Sweetwater Harley Davidson facilities. This event will take place on a Sunday and therefore no businesses will be affected. Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP through various City departments, plus $103.99 for Public Works and $1,688.00 for Police services. Total fees are $2,028.99 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resb1"ution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Fax: Nov 3 2009 03:35pm P0001017 Type of Event Public Concert Fair Festival A Community Event Parade — Demonstration _ Circus _ Bieck Party _ Motion Picture Grand Opening X Other Event Title: 714004 F 1v Tttah Event Location: 3 Zvi tDbVLra• e VInit ° Event Date(s): From /2414 to Total Anticipated Attendance: i 5DD '—' Participants) Spectators) MoRdVDay/Year Actual Event Hours: a:op pmm to JD :OO an/pm Setup/assembly/construction Date- 17-1 t Start time: fi : DO aN� Please describe the scope of your setup/assembly work (specific details): RrQf1 Dismantle Date: 4243 _ Completion Time: U DO arn/Qm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time f reopening. i 3300 Sponsoring Organization- 31<r 1t4 k&/es, KN L For Profit Chief Officer of Organization (Name)., Applicant (Name): Address: Daytime Phone: (kit) 477-411477 Evening Ph Contact Person 'on site' day of the event fG� of Not -for -Profit Fax. (. J Pager/Cellular; fr/a9 9� — 5-Ea NOTE: THIS PERSON MUST I3E IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Fax: Nov 10 2009 10:39am P002/002 Is your organization a `Tax Exempt, nonprofit' organization? YES JC NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): Estimated Gros Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is tt►e projected arnpunt of revenue that the Nonprofit Organization wilt receive as a result of this event? Please provide a DETAILED DESCRIPTION .of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the. event. �s L m - k%f& it'd/ „A -i a /1) 9' a _ ,►�f/ innirretirtw tti'- Qom,. ice/ omit. YES NO if the event involves the sale of Oars, will the cars come exriusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 Fax: Nov 3 2009 03:35pm P010/017 YES _t NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sOld at the event? if yes, please describe: YES NO Does the event involve a moving mute of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES w NO Does the event involve a fixed venue site? tf YES, attach a detailed site map showing all streets impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required fortents or canopies_ _ YES _X NO MI the event involve the use of the City stage or PA system? in addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following ttems: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS _ELECTRIC _ CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (1 for every 250 people Is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity A Canopies or tent locations (include tent/canopy dimensions) • Booths, tlxtitbiis, dspIays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > vehicles and/or trailers > Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must property dispose of waste and garbage throughout the term of your event and immediately upon contusion of the event the area must be returned to a dean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event 3 Fax: Nov 3 2009 03:36pm P011/017 Please describe your procedures for bothoCrowdd Control and/ Internal Security. N?4411,(Yid* j/fit4 Affst.04 �46.41. / rfk Wm �mithd, ,eft T YES .2c NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO is this.a night event? If YES, please state how the event and surrounding area will be Ruminated to ensure safety of the participants and spectators: Please find a what arrangement you have made fording First ng u1pmn r Qi �S nt d 11 �z� (�{ ilt,dj aabf Irvc, 41,3 - crud. Please describe your Accessibtl Plan �+i,4 /YUti 16 AtabYf�a'Z3 Plan t ATGEf . i , J• aczat your event bAdisabilitlegg !1 ••tt jf r , low Aim,,fir`,,.A. 1,`�[I�.• TIIL A r .1��i�c �t Please prov e d ailed description of your PARKING plan: Please de i e your plan for DISABLED PARKING: .itisei..6 2 par , hil ,s ava4tn S1004424r 1L4 4 Fax: Nov 3 2009 03:36pm P012/017 Please describe your plans to notify all residents, businesses and churches impacted by the e nt Ott Ail -oat by ' Qic� 111,1 t ! twit Neighborhood res . nts must notated 72 hours In advance en events -are scheduled in the city paw. YES i( NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music Number of Stages: Number of Bands: Type of Music YES As_ NO Witt sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amrpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES .X_ NO Fireworks. rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Fax. Nov 3 2009 03.36pm P013/017 Event: For Office Use OnEy Department Approved? Yes No Specific Conditions of Approval Date Initial Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Fax; Nov 3 2009 03.36pm P011J017 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement, Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address .10 Telephone 6/9 477-4 77Date(s) of use /1/9^477- 4470 HOLD .HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City.of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal_ injury, death or property damage, or both, or any litigation and other;ilability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity n un a rmit by the permittee or its agents, employees or con` 4Cheliel cial Title Date For r `rce Use Only Certificate of Insurance Approved Date Fax: Nov 3 2009 03:36pm P015/017 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) X No (Please sign the form and submit It with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization Poi -vice Club, Church, Social S.svlco Agency, etc.) 3. Willthe event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or Is employed in the city, and who is In dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 Fax. Nov 3 2009 03:37pm P016/017 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sates tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP ficatlon) 9 A4 f41 &#- 3, Q9 Date J Fax: Nov 3 2009 03:37pm P017/017 7RFu. .Ada► Q �e PnaKrwe. Biers L > t 3tst Sx 30 TA 3/. Cat %LA ,.131fla04ifiltArrit. •bint 1 NATONAL TY FIRE DEPARTMENT TE D CANOPIES If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. . A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. THE CHAMBER National City Chamber of Commerce PRESENTS Laura McDonald Director of Public Affairs & Project Communications for the Sunrise Power link Also Presenting Mr. Howard Toole, Ph.D. SDSU Emeritus Professor of Accountancy Thursday, November 19, 2009 Paradise Village 2700 E. 4th Street, N.C. 7:30 am RSVP 619-477-9339 or thechamber@nationalcitychamber.org $] 0 Members, $15 Non -Members $150 for Business Booth Sponsorship FOR SPONSORSHIP INFORMATION CALL 619-477-9339 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Motorcycles, Inc. EVENT: Tijuana Toy Run DATE OF EVENT: December 13, 2009 TIME OF EVENT: 8 a.m. —10 a.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 Sweetwater Harley Davidson has a valid business license. TUP is approved with no Specific Conditions. RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed annual use and although the signed hold harmless and indemnity provisions was provided, we still need proof of insurance from the sponsoring organization, Sweetwater Motorcycles, Inc, e.g. an acord form which evidences commercial general liability coverage specific for this event with limits of at least one million dollars ($1,000,000.) per occurrence. The City must be named as an additional insured pursuant to a separate endorsement which must be provided prior to the event. Because the event involves closure of public roadways and will impact the right of way, we need to make sure there is adequate insurance in place prior to the event and that Police signs off. I'll be happy to review the insurance certificate(s) and endorsement when received. PUBLIC WORKS (619) 336-4580 Public Works has reviewed the Temporary Use Permit and recommends approval subject to the conditions below: Streets Division • Staff will post "no parking" signs along affected streets before the event. • Street Division does not have sufficient resources to supply traffic control for the event. Event personnel will need to obtain cones and have qualified traffic control people perform the street delineation and closure. • The cost to provide Street personnel support for this event is estimated to be: 1. "No Parking" signs 30 @ $.45 ea $13.50 2. Truck 1 hr 19.09 3. Man Hours 2 71.40 for a total of $103.99 (Acct #001-422-221-102). There is no involvement by Parks Division or Facilities Division in this event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to all businesses along the parade route to be maintained at all times. Access to entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 7) First Aid will be provided by Harley Davidson employee personnel. If you have any questions please feel free to contact me. CITY ATTORNEY 1. Approval of the TUP should be subject to the following conditions: • The applicant shall execute an indemnity and hold harmless agreement in which they agree to indemnify and hold harmless the City and its officials, agents, and employees from any liability or loss arising out of the event. • The applicant shall furnish evidence of a commercial general liability insurance policy with limits of at least $1 Million per occurrence and $4 Million aggregate. The policy shall name the City and its officials, agents, and employees as additional insureds POLICE On November 10, 2009, I received a copy of the Temporary Use Permit (TUP) Application for the Tijuana Toy Run scheduled for December 13, 2009. I reviewed the TUP for traffic related considerations. I spoke to the event organizer, Anastasia Pollis, on November 11, 2009. Information gathered from Mrs. Pollis and the TUP indicates the event organizers are going to run the event exactly like the previous year. The organizers are requesting the closure of Hoover Avenue from 30`h Street, southbound to the curve at 33`d Street and the continuing closure of 33rd Street, westbound to National City Boulevard. This street closure is requested from 0600 hours to approximately 1200 hours. However, Mrs. Pollis believes all the motorcyclists should be gone from the arca before 1100 hours. The event organizers have requested cones be placed along the centerlines of Hoover Avenue and 33`d Street. They have requested no parking signs to be placed along both sides of Hoover Avenue and 33`d Street. The plan calls for event volunteers to direct motorcyclists to park along the south curb of 33`d Street and the west curb of Hoover Avenue. The northern portion of 33`d Street and the eastern portion of Hoover Avenue are to remain clear of vehicles, parked and moving, and function as an emergency vehicle lane. After speaking to the event organizers, I spoke with Sergeant Dan Fabinski and received the following suggestions based on his experiences of being involved in the event the last couple of years. Below, are the suggested stipulations per Sergeant Fabinski. Hoover Avenue and 33`d Street are both located in a commercial area with no residences on either street. Because this event is taking place on a Sunday morning, the majority of the commercial businesses in the area will probably be closed. The closure of these streets will have a limited impact on the surrounding area. Therefore, the closure of these streets will not cause any significant traffic problems. Once the procession of motorcyclists leaves the starting point, additional traffic control is requested. The additional traffic control is requested at the intersection of 33`d Street and National City Blvd, for southbound National City Blvd., and on eastbound State Route 54 at the base of the on ramp from National City Blvd. Per the organizers, this closure should last approximately 20-30 minutes. In order to facilitate the closure of southbound National City Blvd., traffic control personnel will have to close southbound National City Blvd. at 30`h Street and redirect traffic. An additional traffic control point will have to be at the north curb line of 33`d Street and National City Blvd. Additionally, one officer will have to be placed on State Route 54 as a warning to eastbound freeway traffic of the merging motorcyclists. This will not be a closure. State Route 54 will remain open. Based on the location, day of week, and time of day, this event will require the use of a minimum of five officers (AVA, PRO's and Reserve Police Officers can be substituted for some officers, but there will be a need for at least two sworn officers). One officer will be placed at each of the below locations. • Hoover Ave./30`h Street (south curb line — stationary post) • National City Blvd./33"j Street (west curb line — stationary post; will also be used for S/B National City Blvd. when motorcycles depart) • National City Blvd./30th Street (south curb line- stationary post) • National City Blvd./33`d Street (N/B NCB turn pocket to 33`d Street) • State Route 54, E/B, at base of on ramp (requires marked vehicle & uniformed officer). Base on the times stated in the TUP, this would require a total of approximately 24 man- hours for this event. The use of reserve officers and lower cost non -sworn parking personnel are an option for lower cost; however, it cannot be determined at this point if these options are available. The event organizers have requested a waiver of fees. Per the organizers, this is a non-profit event; however, it is being sponsored by a for -profit private business, Sweetwater Harley Davidson. Attached is a cost analysis for four sworn officers, two AVA's and two reserve officers). Public Works will need to provide the following items for the Police Department to properly provide the traffic control needed for the event. • No Parking/Tow Away signs posted in advance along both sides of Hoover Avenue and both side of 33"h Street. Hoover Avenue from 30`h Street to 33`d Street. 33'h Street from National City Blvd. to Hoover Avenue. • Cones/barricades staged at the following locations; 30`h Street/Hoover Avenue (south curb line), 30th Street/National City Blvd. (south curb line), 33rd Street/National City Blvd. (west curb line), 33'h Street/National City Blvd, (N/ National City Blvd, left turn pocket). • Cones placed along the center lines; Hoover Avenue from 30th Street southbound to 33th Street; and, 33`h Street from National City Blvd, westbound to Hoover Avenue. One additional suggestion is that the event organizer contact the California Highway Patrol (CHP) about the event so that they can plan accordingly for influx of the estimated 6,500 motorcycles that will be driving in mass southbound on Interstate 5. Graham Young, Sergeant Special Assistant to the Chief of Police National City Police Department City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 1, 2009 AGENDA ITEM NO. 17 ITEM TITLE TEMPORARY USE PERMIT — Feria de Salud: Por tu Familia 2010 hosted by the American Diabetes Association on March 6, 2010 at Kimball Park with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from The American Diabetes Association to conduct the Feria de Salud: Por tu Familia event at Kimball Park on March 6, 2010. This event is designed to inform members of the Hispanic community the risks of diabetes. Approximately 28 vendor booths will be set up, and flu shots and cholesterol screenings will be available to attendees. There will be approximately six (6) 10' x 10' tents set up on site. Crowd control and clean-up will be provided by the sponsor. This is a recurring event in the City. The American Diabetes Association previously held similar events in 2008 and 2009. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire permits and $1191.38 for Public Works. Total fees are $1,628.38. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolu lion No. Application for a Temporary Use Pciniit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event. Public Concert Fair Parade Demonstration Motion Picture Grand Opening Event Title: V 11 177tV Event Date(s): Fro f 1 ` to-) �/) Total Anticipated Attendance: rtdDay/Year (_x, Participants) Event Location: Festival Circus Other Community Event Block Party Actual Event Hours:/pm to 2— am rr Setup/assembly/construction Date: !®- Start 50D _ IVO0 i II Gift ( Spectators) -k DOtvv, Please describe the scope of your setup/assembly work (specific details):''& te'r b 4V1,14 s-fti (ry a bk � ) Dismantle Date: Completion Time: 2:DD I ist any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and tirne of reopening. , 4 Sponsoring Organization: A ` Y "" fn4 kiliMXINAFor Profit N -for-Pr fit Chief Officer of Organization (Name) C 1( s v _' -26 p , � Applicant (Name): f ' t Wr v- bp)60----- Address: \0D 6hDr0/61^0 pcm,v Wtfi I Daytime Phone: (..t ) z !gti Evening Phone: IA 2' I '9t vl Fax: (5' 4 ML1_ r Contact Person "on site" day of the event: ot- mkt Pager/Cellular: IP) ! I -) NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 04 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? if YES, please explain the purpose and provide amount(s): YES NO YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. VOA' rViA)/)— OtAA � "y`` pT cA1 re 0-0-43 7) to ai t eo 0 0v I yrtfrad A o(A' o--1 C r / ri`r " Me_ fit) LJ pw1, j I V 114 talA U ha-P f/v — tv N,c iMa afj. 1,,h644- --tiou. eJ 61r poop .2k pirq o Gvtn,,,-w.v,r - uo1 v Sih`�r is h ah o jk6: h tre/ a »t 7(l0- Sn(1 i stM 6(Akfi'. Are -ff✓ e ktu, arw2 (ltA G-4AC94- YES NO NIt( If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES /` NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ � YES NO Does the event involve a fixed venue site? if YES, attach a detailed site map showing all streets impacted by the event. XYES NO Does the event involve the,}�� e of tents or canopies? If YES: Number of tent/canopies !_il Sizes 1° X 1° NOTE: A separate Fire Department permit is required for tents or canopies: YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas c Please describe how food will be served at the event: �) C 11 aiai,5 sin& y--r li ( (1 Aym i"groy� a I�Irli o� fv LT:,°4 If you intend -to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): �D4 Cl/Mk} • Portable and/or Permanent T.,ao Facilities Number of portable toilets: _ (1 for every 230 people is required, unlets the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Y Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Y Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers • Other related event components not covered above Trash containers and durnpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: o1et t 12 astvilk ) (\ di14,0 dalln ln a T Please describe your procedures for both Crowd Control and Internal Security: CA1431 4ti`1b Yu -1-N['JIM w -,,o to YES X NO Have you hired any Professional Security organization to handle security ' arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. f ,Onk t 14,11 f t (6/n ;616it fiefse d sc ibe, yoTArc ssi d ty P)an tgLascessiat your ey.ept bx,indivi,duals with isab ities: \ Ji fit% 145 Please provide a detailed description of your PARKING plan: Stitur Ak 01-ilAy4 OottiWollN) 0(cil )hirki 19;0161-.. P se desF ��ypuSFl�n 11SirED PAF�K :� ��`, q �a f . (ra_t'� Uv' Imo"„1` 0A\AMbos Ify C otb 1 4 even Please describe yoaur`p-lans to notify all residents, businesses and churches impact d by tt, in NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number ? stages, number of bands and type of music. Number of Stages: J- Number of Bands: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: v Start time: farzi/pm Finish Time /kYES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: i'pm Finish Time 2 am/, Please describe the sound equipment that will be used for your event: YES J\NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special liting? If YES, please describe: Nil )91.0w-A airDvLiikv #17v- fitW(JD(it'411 b i2Y\ (tGM. �ti�rtN(i� y oln),A t A,k'J TC - Revised 08/10/05 b) ,r-e04, qq� �'� 2- am� Y� 9 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. v/ Afr\ D 1 t s P5°ofrtP/1 Organization Person in Charge of Activity Address t'frviw PiaCe <stk9 Telephone 6) 2-10I f v3 Date(s) of Use 1 A bk 2 9/ D HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of plicant ety-h 17-6- livechru Official Title Date /1/4- /o For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on pag- of the instructions, will be considered for a waiver. If you would like to reque a waiver of the processing fees, please complete the questionnaire . -low. 1. Is the event for which the TUP is sough sponsored by a non-profit organization? Yes (proceed to Question 2 No (Please sign the form a . submit it with the TUP Application) 2. Please state the name and ty e of organization sponsoring the event for which the TUP is sough and then proceed to Question 3. Name of the sponsoring . ganization Type of Organization (Service Club, Church, Social S 3. Will the event gener organization? Yes (Please A.6 1 111 k vet e Agency, etc � t(,�,i Y'C -k i,v fti to net inco or proce ds t the sponsoring proceed to Question 4) No (Pleas sign the form and submit it with the TUP Appl" ation) 4. Will the proc eds provide a direct financial benefit to an individual who reside in or is employed in the city, and who is in dire financial need due t. health reasons or a death in the family? ,,� Ye Please provide ex Ia ation and etails "`S (1 11 (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. Z.\No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. /\ No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Sign Lure Dai 9 Anww ctL&AA may, ai'i -, 2xrt o N A T 0 N A L. C T Y B L D Civic Center Parking A s T R E E T Community Center Rest Rooms Library Allen Field Little League Field so Exhibit Booths c/tv PARKING D S T R E T City of National City COUNCIL AGENDA STATEMENT EETING DATE: December 1, 2009 AGENDA ITEM NO. 18 ITEM TITLE: Scheduling a Mid -Year Budget Review of the Fiscal Year 2009-2010 Annual Budget for the City of National City and the Community Development Commission of the City of National City on Saturday, January 30, 2010 at 9:00 am at the Kimball Senior Center PREPARED BY: Jeanette Ladri•. C'IA DEPARTMENT Finance Finance Direc' (619) 336-4331 Traditionally, the mid -year budget review/update has been scheduled during regular City Council meetings. This year, to allow for public participation, staff has scheduled a Saturday workshop to be held at the Kimball Senior Center on Saturday, January 30, 2010 at 9:00 am. Staff will provide an update of the City's financial condition through December 2009, recommend ad- justments to the Original Budget that was approved June 16, 2009, provide revenue and expenditure projections for the next five years, discuss the reserve funds and other related topics as determined necessary. Environmental Review N/A Financial Statement N/A 4/4/6,, 1 STAFF RECOMMENDATION Approve Mid -Year Budget review/update to be held at the Kimball Senior Center on Saturday, January 30, 2010 at 9:00 am. BOARD/COMMISSION RECOMMENDATION I TAC NTS (Listed Below) COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Dec 1, 2009 AGENDA ITEM NO. 19 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $846,783.56 to the City of National City for the period of 10/28/09 through 11/03/09 PREPARED BY: Jeanette LadridDEPARTMENT Finance Finance Direct • �' (619) 336-4331 EXPLANATION: Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. I Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $846,783.56 I STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 10/28/09 through 11/03/09 +}* CALIFORNIA NATI- " I. INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #18 11/3/2009 DEVELOPMENT COMMISSION PAYEE BUSTAMANTE & ASSOC DIXIELINE BUILDERS G.A. DOMINGUEZ HUSK PARTNERS THE KARAOKE SPECIALIST KAISER FOUNDATION HEALTH PLANS SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 22 10/6/2009 DESCRIPTION CONSULTING SERVICES CONSTRUCTION EXPENSES NATIONAL CITY KIMBALL HOUSE CONSULTING SERVICES ADVERTISING KAISER INS ACTIVE NOV 2009 Start Date 10/28/2009 End Date 10/19/2009 End Date 11/3/2009 Check Date 10/28/2009 CHK NO DATE 229947 11/3/09 229948 11/3/09 229949 11/3/09 229950 11/3/09 229951 11/3/09 229996 11/3/09 AMOUNT 6,000.00 38,462.46 9,431.60 7,500.00 2,150.00 7.23 A/P Total $ 63,551.29 694,989.30 88,242.97 GRAND TOTAL $ 846,783.56 �- CAI.IFO'RNIA - aaov INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 18 11/3/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 716,512.45 1,105.64 88,703.06 40, 462.41 846,783.56 EETING DATE: Dec 1, 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $24,806.56 to the City of National City for the period of 11/04/09 through 11/10/09 PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT Finance Finance Director (619) 336-4331 EXPLANATION: Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $24,806.56 8 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A FACHMENTS (ListedB I Warrants for the period the period of 11/04/09 through 11/10/09 CALIFORNIA •.441- PAYEE AGUIRRE BOOT WORLD CITY OF NATIONAL CITY DESROCHERS EDCO DISPOSAL CORPORATION H. DAMON BRADEN OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO HOUSING FEDERATION SAN DIEGO TROLLEY INC SDG&E STAPLES ADVANTAGE STRADLING YOCCA CARLSON VERONICA TAM & ASSOCIATES XEROX CORPORATION _ COREN & CONE SECTION 8 SECTION 8 HAPS PAYMENTS NaATI C, rNCaRp6RATEp COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #19 11/10/2009 DESCRIPTION REIMB - HUD HOME PROGRAM ADMIN MOP 64096 BOOTS - NEIGH SVCS PREMIUM FOR CITY INS -1ST TIME HOME RETIREMENT BENEFIT - NOV 2009 WASTE DISPOSAL - OCT 2009 CONSULTANT AGREEMENT-WESTSIDE WESTSIDE BROWNFIELD GRANT MOP 45742 LAUNDRY SERVICE NEWS READING AND CLIPPING SVC MEMBERSHIP RENEWAL FLAGGING SERVICE 1202 HIGHLAND AVE - UTILITIES MOP 45704 OFFICE SUPPLIES - S8 RDA PLAN AMENDMENT CONSULTANT AGREEMENT LEASE CHG 09/21-10/30/09 CONTRACT SVCS PROPERTY TAX Start Date End Date 10/21/2009 10/27/2009 CHK NO DATE AMOUNT 230040 11/10/09 406.01 230041 11/10/09 203.29 230042 11/10/09 116.15 230043 11/10/09 110.00 230044 11/10/09 104.75 230045 11/10/09 2,000.00 230046 11/10/09 472.00 230047 11/10/09 40.02 230048 11/10/09 66.50 230049 11/10/09 550.00 230050 11/10/09 48.59 230051 11/10/09 23.50 230052 11/10/09 59.51 230053 11/10/09 2,385.92 230054 11/10/09 663.87 230055 11/10/09 443.23 230092 11/10/09 1,200.00 GRAND TOTAL A!P Total $ 8,893.34 15,913.22 24,806.56 IATCORYORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 19 11/10/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 16,415.96 1,069.88 6,654.57 666.15 24,806.56 ITEM #21 12/01/09 CLOSED SESSION REPORT (CITY ATTORNEY)