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HomeMy WebLinkAbout2010 08-03 CC CDC ADJ AGENDA PKTAgenda Of The Adjourned Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Adjourned Regular Meeting — Tuesday — August 3, 2010 — 5:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought hack 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 intetpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audicifonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.qov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 8/3/2010 - Page 2 PROCLAMATION 1. Proclaiming August 3, 2010, as: "OFFICER CHAD SAKAMOTO DAY" PRESENTATION 2. National City American Little League 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. 3. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meetings of March 9, 2010 and March 30, 2010. (City Clerk) 4. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement between the City and EsGiI Corporation to extend the Agreement for one year to provide plan checking, building inspections and other related development services on an as -needed basis, not to exceed $245,000. (Development Services/Engineering) 6. Resolution of the City Council of the City of National City accepting the work performed by Palm Engineering Construction Company, Inc. with the final amount of $54,500.00, authorizing the filing of the Notice of Completion with the County Recorder for the National City Kimball Bowl Sod Project, and authorizing final payment. (Funded through Parks and Recreation Capital Outlay Funds). (Development Services/Engineering Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 8/3/2010 - Page 3 CONSENT CALENDAR (Cont,) 7. Resolution of the City Council of the City of National City accepting the work performed by Palm Engineering Construction Company, Inc. with the final amount of $67,818.00, authorizing the filing of the Notice of Completion with the County Recorder for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4) and authorizing the release of the retention in the amount of $3,375.00. (Funded through General Funds). (Development Services/Engineering Division) 8_ Resolution of the City Council of the City of National City awarding a contract to ATP General Engineering Contractors in the amount of $2,918,289.57 to perform the City's Street Resurfacing Project for the FY 2010-2011 and authorizing the Mayor to execute the contract. (Funded by TransNet, Proposition 1B, Gas Tax and Tax Increment Funds). (Development Services/Engineering) 9. Resolution of the City Council of the City of National City awarding a contract to Project Professionals Corporation for project/construction management, construction inspections and minor surveying for the Fiscal Year 2010-2011 Street Resurfacing Project 10-01 in the amount not to exceed $223,197.00 and authorizing the Mayor to execute the Agreement. (Funded by Prop A) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City ratifying the Fourth Amendment to the $125,000 Grant Agreement between the County of San Diego and the City of National City extending the term for the construction of a soccer field to January 30, 2011. (Development Services/Engineering) 11. Resolution of the City Council of the City of National City ratifying the Second Amendment to the $100,000 Grant Agreement between the County of San Diego and the City of National City extending the term for the construction of a soccer field to January 30, 2011. (Development Services/Engineering) 12. Resolution of the City Council of the City of National City consenting to a Sublease by AT&T to Clearwire Wireless for a portion of the leased premises at El Toyon Park used for a cellular wireless antenna facility. (City Attorney) 13. Resolution of the City Council of the City of National City approving the modification of the AT&T wireless facility at El Toyon Park. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/3/2010 - Page 4 CONSENT CALENDAR (Cont,) 14. Resolution of the City Council of the City of National City approving the modification of the AT&T wireless facility at Sweetwater Heights Park. (City Attorney) 15. Resolution of the City Council of the City of National City amending Resolution No. 2010-137, pursuant to which the City became subject to the provisions of Government Code Section 20903, to extend the time period for purchasing two additional service years for Miscellaneous and Safety employees by an additional 30 days. (Human Resources) 16. Resolution of the City Council of the City of National City amending Rule IV, Section 407 of the Civil Service Rules authorizing the City Manager to grant limited term career positions. (Human Resources) 17. Resolution of the City Council of the City of National City amending City Council Policy #804 regarding the City's financial support for (and identification of) City sponsored and co -sponsored events. (Community Services) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Law Office of Donald W. Detisch to provide legal services in the not -to -exceed amount of $150,000. (City Attorney) 19. WARRANT REGISTER #52 Warrant Register #50 for the period of 06/23/10 through 06/29/10 in the amount of $1,664,238.70.. (Finance) 20. WARRANT REGISTER #1 Warrant Register #1 for the period of 06/30/10 through 07/06/10 in the amount of $2,237,072.16. (Finance) 21. WARRANT REGISTER #2 Warrant Register #2 for the period of 07/07/10 through 07/13/10 in the amount of $1,340,716.55. (Finance) 22. Investment Report for quarter ended June 30, 2010. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/3/2010 - Page 5 ORDINANCE FOR ADOPTION 23. An Ordinance of the City Council of the City of National City Amending Title 18 of the Municipal Code by amending Chapters 18.10 (Zones and Zoning Map), Title 18.14 (Residential Zones), 18.16 (Commercial -Zones), 18.50 (Fences, Walls, and Hedges), 18.58 (Off -Street Parking and Loading), 18.62 (Signs, and Outdoor Advertising Displays), 18.88 (Mobile Homes), 18.104 (Use Groups), 18.108 (Nonconforming Uses), and 18.140 (Mixed Uses) to provide standards for the Westside Specific Plan Area. (Applicant: City of National City) (Case File No. 2007-34 GPA, ZC, SPA, EIR) (Development Services /Planning) NEW BUSINESS 24. Notice of Decision — Planning Commission approval of a Conditional Use Permit to allow a pawn shop and gold buying at a commercial structure at 560 Highland Avenue. (Applicant: Roberto Plascencia) (Case File 2010-20 CUP) (Development Services/Planning) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit to allow gold buying at an existing check cashing business at 1539 East Plaza Blvd. (Applicant: Steve Rothman) (Case File 2010-16 CUP) (Development Services/Planning) 26. Temporary Use Permit — 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2010 from 6 a.m. to 10 a.m. This is a City -sponsored event with waiver of fees. (Neighborhood Services Division) 27. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees at Plaza Bonita from September 24 to October 31, 2010 with no waiver of fees. (Neighborhood Services Division) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement for economic consulting services not to exceed $75,000 with Keyser Marston Associates (term two years). (Developer Deposit and Low Mod Housing Fund). (Redevelopment) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/3/2010 - Page 6 CONSENT CALENDAR (Cont.) 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $354,174.64 to the City of National City for the period of 06/23/10 through 06/29/10. (Finance) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $677,982.13 to the City of National City for the period of 06/30/10 through 07/06/10. (Finance) 31. Authorize the reimbursement of Community Development Commission expenditures in the amount of $86,860.59 to the City of National City for the period of 07/07/10 through 07/13/10. (Finance) 32. Investment Report for quarter ended June 30, 2010. (Finance) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council and Community Development Commission Meeting — Tuesday - August 10, 2010 — 6:00 p.m. — Council Chambers — National City, California Regular City Council and Community Development Commission Meeting — Tuesday — August 17, 2010 — 6:00 p.m. - Council Chambers — National City, California. ITEM #2 8/3/10 NATIONAL CITY AMERICAN LITTLE LEAGUE ITEM #3 8/3/10 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF MARCH 9, 2010 AND MARCH 30, 2010. (CITY CLERK) City of National City g8/ /104 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO.— 5 EM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement between the City and EsGil Corporation to extend the Agreement for one-year to provide plan checking, building inspections and other related development services on an as -needed basis, not to exceed $245,000. PREPARED BY: Luis Sainz PHONE: 4214 DEPARTMENT: Dev- : • r; t services/Building APPROVED: EXPLANATION: On August 19th, 2008, the City and EsGiI Corporation entered into an Agreement to provide plan checking, building inspection and other related development services on an as -needed basis. The Agreement was for two years, with the option of the City to extend the agreement at one-year intervals, with up to three extensions. The proposed resolution would be the first amendment to extend the Agreement for one-year, from August 19th, 2010 to August 19'h, 2011. All other terms and provisions of the Agreement would remain in full force and effect.. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds are budgeted in the amount of $115,000 in Account No. 001-406-028-213 and $130,000 in Account No. 120-406-028-213 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. Agreement 3. 2008 Agreement with EsGil Corp. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY AND ESGIL CORPORATION TO EXTEND THE TERM FOR ONE YEAR TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS, AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS, NOT TO EXCEED $245,000 WHEREAS, on August 19, 2008, the City Council adopted Resolution No. 2008- 164, entering into an Agreement with Esgil Corporation to provide plan checking, building inspections, and other related development services on an as -needed basis for a two-year term, with the option to extend the term for one additional year, with up to three extensions; and WHEREAS, the City and Esgil Corporation desire to extend the term of the Agreement for a period of one year, from August 19, 2010 to August 19, 2011, for the not to exceed amount of $245,000. 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 Agreement between the City and Esgil Corporation to extend the term for one year, for the not to exceed amount of $245,000, to provide plan checking, building inspections, and other related development services on an as -needed basis. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS This First Amendment to the Agreement is entered into this 3rd day of August, 2010, by and between the City of National City, a municipal corporation ("the CITY"), and EsGil Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on August 19, 2008 ("the Agreement") wherein the CONSULTANT agreed to provide plan checking, building inspection, and other related development services on an as -needed basis. B. The Agreement provides that the City may extend the term for one-year intervals. C. The parties desire to amend the Agreement to extend the Agreement for one- year, from August 19, 2010 to August 19, 2011. NOW, THEREFORE, the parties hereto agree as follows: 1. The length of the Agreement, stated at Paragraph 6, is extended for one- year, from August 19, 2010 to August 19, 2011; and, 2. Each and every term of the Agreement, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ESGIL CORPORATION By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. Acting City Attorney By4/-1 By: Kr, Vice President Chuck Mendenhall, Vice President 1 ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/24/10 PRODUCER 0A99520 Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 certificates@cavignac.com INSURED EeGil Corporation 9320 Chesapeake Drive, #208 San Diego, CA 92123 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: TRAVELERS PROPERTY CAS CO OF AMER NAIC # 25674 INSURERS:TRAVELERS CAS INS CO OF AMER 19046 INSURER C: BEAZLEY INS CO INC 37540 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ NSR tI I DD' N`;L RD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE (MhVDD/YYYY) POLICY PIRATION EX DATE IMMRIDM'YY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 6801052T972 _DATE 09/30/09 09/30/10 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10, 000 X Separation of Insureds PERSONAL B AOV INJURY $ 1,000,000 X No Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY dF . LOC ^ I A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA6663M034 09/30/09 09/30/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE 1 LIABILITY ANY AUTO AUTO ONLY-EAACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS ANDEMPLOYERS'LWBILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory S yes,SPECIAL SPECIAL COMPENSATION Y/N UB0675T169 09/OS/09 09/Ol/10 WC STATU- OTH- X TORYIIMITS FR E.L. EACH ACCIDENT $ 1,000,000 EXCLUDED? E.L DISFASF - EA EMPLOYEE $ 1, 000, 000 in NH) PROVISIONScribe below E.L DISEASE - POLICY LIMIT $ 1,000,000 C OTHER Professional Liability Claims made, defense costs included w/in limit V15W01(09PNPA 09/30/09 05/30/10 Each Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT , SPECIAL PROV SIONS The City of National. City, its elected officials, officers, agents, and employees are named as additional insureds with respect to general liability per attached and auto liability included in policy form. Waiver of subrogation applies to workers compensation per attached. Replaces certificate # 13111334 CERTIFICATE HOLDER City of National City Building Department 1243 National City Blvd. National City , CA 91950 USA CANCELLATION *10 days notice for non-payment of premium. SHOULDANYOFTHEABOVE 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 00 SO SHALT. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) SandyM © 1988-2009 ACORD CORPORATION. All rights reserved. 16352190 The ACORD name and logo are registered marks of ACORD 2 r , POLICY NUMBER: 6801052T972 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under [he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work' and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other CGD3B10907 insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The °personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work' performed by you, or on your behalf, under a "contract or agreement requiring insurance with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury' or "property damage occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs. and the 'personal injury" is caused by an offense committed: a. After you have entered into that contract or agreem ent; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Page 1 of 1 3 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION I1 - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION I1 - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CAT3530609 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. it 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 4 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 perform- ing 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". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds_ 2. The following replaces Paragraph A.2.a.(4), of SECTION I1— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) (c) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION I1 — LIABILITY COVERAGE, Page 2 of 4 ©2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 5 COMMERCIAL AUTO and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. (3) You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION I11 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION 111— PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". CA T3 53 06 09 I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION Ill — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for 'loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or 'loss" is known to: (a) You (if you are an individual); © 2009 The Travelers Companles, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 6 COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - Page 4of4 tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. ® 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 7 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: Imo 675T169 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the Califomia workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. 8 (Page 1 ut 25) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS AGREEMENT is entered into this 19th day of August, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and EsGil Corporation, a California Corporation (the " "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide plan checking, building inspection, and building consultant services. WHEREAS, the CITY has determined that the CONSULTANT is a building safety plan review service company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as needed to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. Esgil Contract July 31. 2008 9 (Page 2 of 25) 3. PROJECT COORDINATION AND SUPERVISION. The Building Official hereby is designated as the PwjectCoordinaifr.for the CITY and will monitor -the progress and execution of this Agreement. The Fire Marshal of the City of National City is designated as the primary contact for all fire plan related work and questions. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Richard Esgate is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The CITY establishes the plan checking fee by resolution of the City Council_ The CITY collects the plan checking fee from the applicant. The CONSULTANT'S compensation for reviewing plans, commonly referred to as plan checking, shall be eighty -percent (80%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the the plan check submittal. For plan review of repetitive buildings, such as in housing tracts. apartment complexes, or industrial tracts, the CONSULTANTS compensation will be as stated above for each basic building plan and shall not exceed twenty percent (20%) of the plan check fee for each identical building in the development. The City establishes the building inspection fee by resolution of the City Council. The CITY collects the building inspection fee from the applicant. The City may request the CONSULTANT to perform building inspections, as needed. When the City requests CONSULTANT to perform building inspections for an entire development or project, the CONSULTANT'S compensation for conducting these building inspections shall be eighty (80%) of the building inspection fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at that time. For building inspections, permit technician assistance, plan review, and other services as needed which are not related to performing such service for an entire development or project, which are not covered by the plan checking fee, and which are performed by CONSULTANT stationed in the City's offices, CONSULTANT'S compensation shall be based on the preferred rate hourly fee for that type of service, as stated in Exhibit B, entitled the Labor Rate Schedule, and incorporated herein. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "B"shall not exceed One -hundred thousand dollars ($100,000.00) (the Base amount) in any fiscal year, without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "B "as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times 2 Esgil Contract July 31. 2008 10 (Page 3 of 25) during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR/CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of peffomlance and/or the compensation payable to the CONTRACTOR/CONSULTANT in this Agreement, the City or the CONTRACTOR/CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONTRACTOR/CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR/CONSULTANT. 6. LENGTH OF AGREEMENT. This Agreement shall be for two years from the commencement of this Agreement, with the option of the CITY to extend the Agreement at one-year intervals, up to three extensions. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be tumed over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(5) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY 3 Euil Contract July 31, 2008 11 (Page 4 of 25) for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed, 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shalt, at its sole cost and expense, 4 €41 contra July 31, 2008 12 (Page 5 of 25) keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession: 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shalt perform in a• manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANTs professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, se; sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any 5 Esgil Contract July 31. 2008 13 (Page 6 of 25) part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment 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 attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurances (errors and omissions) with minimum limits of $1,000.000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 6 Esgil contrast July 31. 2008 14 (Page 7 of 2S) C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all tiQdily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shalt name the CITY and its officers, agents and employees as additional insureds. and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holders alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESL1 list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are fled with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all limes 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. Alt deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attoi•fley's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of 7 €sgil Contract July 31. 2008 15 (Page 8 of 25) The action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. My controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT. whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, b €s®iI Contract July 31, 2008 16 (Page 9 of 25) postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ovemight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Luis Sainz, Building Official Planning and Building Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONSULTANT: Richard Esgate, President Esgil Corporation 9320 Chesapeake Dr., #208 San Diego, CA 92123 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City_ The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code_ The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it 9 €Sgll Csfllrael Jury 31, 2008 17 (Page 10 of 25) has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shalt file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shalt 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. C. 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 govemed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 10 [MA Gentract July 31, 2008 18 (Page 11 of 25) J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto: K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party'S counsel and advisors have reviewed this Agreement. (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROV OAS TO FORM: orge r, Ill City Attorney 11 ESGIL CORPORATION (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship -one 'gneture By: : Richard Es ident Kurt President € Een9aGI July 31. 2008 19 (Page 12 of 25) ffiIBIT A EsGil Corporation In rartnniiip for 93alfd ng Safety SCOPE OF WORK FOR NATIONAL CITY 7-28-08 Provide complete Building Division plan check services for compliance with Title 24: Budding, Electrical, Plumbing and Mechanical Codes, Energy Conservation and Disabled Access regulations. All as amended by the City of National City_ Provide staffing for counter, inspection, plan check, Deputy Buildirig Official as staff is needed by City and as staff is available by EsGil. Provide Fire Department plan check services for Fire Code, Building Code and City ordinances including: Fire Suppression Systems, Fire Alarms, Fire Resistant Construction, Exits and Fire Department Occupancy regulations_ Provide Building Division inspection services for compliance with Title 24: Building, Electrical, Plumbing, and Mechanical Codes, Energy Conservation and Disabled Access regulations all as amended by the City of National City. Services to include: A. Providing trained, credentialed building inspection staff and supervision to perform the mandated inspections. B. Providing necessary transportation, applicable inspection equipment, including cell phones to facilitate communication. C. Providing technical engineering support relating to code related issues, and plan interpretation for all engineering disciplines. D. Coordinating all inspection and re -inspection requests for all disciplines. E. Providing next -workday inspections of all requested inspections and re - inspections for compliance with the State of California mandated International Building Code, Plumbing Code, Mechanical Code, Electrical Code, Disabled Access Regulations and Energy Conservation Regulations as these regulations have been adopted and amended by the City of National City. 9320 Chesapeake Drive, Suite 208 • San Diego, California 92123 ♦ (858) 560-1468 ♦ Fax (858) 560-1576 20 (Page 13 of 25) Coordinating with the Building Official on all discretionary decisions and/or requests for alternate materials or types of construction. G. Coordinating with the Building Official on all certificates of occupancy to be sure that all applicable City regulatory agencies have approved the project. Maintaining all inspection records Our fee for performing the inspection services is 80% of the City adopted Building Permit Fee. Fees wilt be billed monthly as follows: After inspection approval of under -building utilities and approval of placement of concrete for foundations 25% After inspection of framing, rough electrical, rough plumbing, rough mechanical 35% After final inspection of all building elements 20% 5. Provide extra work requested in writing by the City and as agreed to by EsGil. 21 (Page 14 of 25) EXHIBIT "B" ESGIL CORPORATION LABOR RATES SCHEDULE 20071200E REGULAR PREFERRED CLASSIFICATION HOURLY RATE HOURLY RATE Division Manager $ 192.00 $ 140.00 Supervising Structural Engineer 180.00 135.00 Civil Engineer 140.00 105.00 n Electrical Engineer 140.00 105.00 0 Mechanical Engineer 140.00 105.00 �r, Structural Engineer 160.00 120.00 D+ o-< Energy Plans Examiner 140.00 105.00 n - r 1.C.C. Plans Examiner 120.00 90.00 2 Supervising Building Inspector 126 00 95.00 < Building Official 130.00 100.00 Deputy Building Official 120.00 90.00 Building Inspector 108.00 83-00 Permit Specialist/Counter Tech 96.00 72.00 Clerical Support 45.00 34.00 Fire protection engineer 160.00 120.00 Fire plans examiner 120.00 90.00 Fire inspector 108.00 83.00 NOTES: 9S:IIW'V Z1 DM80 Labor rates are only used, when requested by our clients, where the use of a percentage of the permit fee or plan check fee is not applicable or appropriate. Normal plan check is provided for 80% of the jurisdiction's plan check fee. Normal code compliance inspections are provided for 80% of the permit fee. If jurisdiction permit and plan check fees are less than the 1997 UBC Table 1-A fee, Esgil's minimum charge is 75% of the Table 1-A fee for inspection and 50% of the Table 1-A fee for plan check. "Preferred' rates are used for client jurisdictions where EsGil has a current, ongoing contract with the jurisdiction to provide plan check or inspection services. A further reduction in rates may be provided for long-term, contract staff assignments. 3. Rates are increased by a factor of 1 5 for overtime, and for holiday and weekend assignments. A3Na)Ii 1A dIU 22 (Page 15 of 25) AGORA, CERTIFICATE OF LIABILITY INSURANCE 07/DUATDDONYT) 18/2oos PR000CER (619) 574-6220 FAX (619) 574-6288 Insurance Office of America, Inc. DBA IOA Insurance Services 1775 Hancock Street, Ste. 180 5an Diego, CA 42110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC 8 INSURED Esgil Corporation 9320 Chesapeake Dr. Suite 208 San Diego, CA 92123 RISURERA Travelers Prop & Casualty Co. INSURERS Travelers Casualty Co of Ct. INSURERC One Beacon America Ins. Co. INSURER. Beazley Insurance Co. NSDRERE V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE 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. VER L INAs TYPE OF INSURANCE POLICY NUMBER DATE IMMs0dYYI OATE EXPIRATION IIMUCOF11 LMRS B GENERAL X ITABBIry COMMERCIAL GENERAL LIABILITY 680488L670 09/30/2007 09/30/2008 EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENTED PROMISES (FA o,r.+Rrvl S 300,000 CLAMS MADE I X I OCCUR MED VW tarry one Yersmp S 5,000 GENL PERSONAL AADVINJURY S 1,000,000 GENERAL AGGREGATE S I F 000, 000 AGGREGATE LIMIT APPLIES PER. ROMs,n PRO LOG PRODUCTS- COMPIOP AGG S 2,000,000 A AUTOMOBILE __ X _ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED MOUS HIRED AUTOS NON -OWNED AUTOS BA6561L728 09/30/2007 09/30/2008- COMBINED SINGLE LIMIT 1£aatlenll w 5 1,000,000 BOIXLYINJURY IPer Pelson) BODILY INJURY BLTB) LPN ffiDgent) S PROPERTYDAMAGE IPeraa:Aen, S W AGE U*OIUTV ANY AUTO AUTO OM - EA ACCIDFNT $ OTTER THAN EA ACC S AUTO ONLY AGG { A EXCESS/UMBRELLA X LIABILITY IOCCUR t !CLAIMS MADE DEDUCTIBLE RETENTION S CUP7232Y822 09/30/2007 09/30/2008 EACH OCCURRENCE 5 5,000,000 M..terGATE S 5,000,000 $ S 1 5 WORKERS COMPENSATOR AND RMILOYEIeS uae,uTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFHCERAAEMBER EXCLUDED, X yes. Rasv.M axle* SPECIAL PROVISIONS balow 406018454 09/01/2007 09/01/2008 1' 70RY 3 WCSTATMHU-jj OTH. 41 IR Et. EACHACCIGENT S 1,000,000 E.L DSEASE-EA EMPLOYEES E 1 DISEASE - POLICY LIMO 1,000,000 S 1,000, 000 El ° Professional Liability Y15IEFQTP!i?P. 44/34/I441 49/34/3441 $1,9.44,444 Per Claim $2,000,000 Aggregate S65,000 Deductible DE5CRIPUOn OF OPERATIONS; LUCATONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISONS Re: All Operations. The City of National City, its elected officials, officers, agents and employees are additional insured per attached endorsement. Waiver of Subrogation applies to Workers Comp coverage. w10 Days for Non -Pay CANCELLATION National Ci ty Building Department 1243 Nation Ci ty Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANCELLEO BEFORE THE EXPIRATION RITE THEREOF. TIE ISSUING INSURER PALL ENDEAVOR 10 MNL * 30 DAYS WRITTEN NOnuu to THE CERTIFICATE HOLDER NAMED To THE LEFT, BUT FAILURE TOENAIL SUCI NOTICESNALL IMPOSE NO OBLIGATION OR I MGR ITV OF ANY IDND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES_ A0TINNBEED REPRESENTATIVE -1-- ,4, r�l l(j Q Ae4sac Kelly Howell/PALMEIM ACORD 25 (2001108) ACORD 25 (2001103) ®ACORO CORPORATION 1988 ©.ACORD CORPORATION 1988 23 (Page 16 o1 25) POLIC Y NUMBER: 680488L670 COMMERCIAL GENERAL LIABILITY DATE ISSUED:09/30/2007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): The City of National City, is elected officials. officers, agents and employees PROJECT/LOCATION OF COVERED OPERATIONS: All Operations 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, hut: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" on or for the project, or at the location, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. 3. The following is added to Paragraph I. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): CG 03 82 09 06 Includes copyrighted material of Insurance Services Off,c . Inc , with its permission. Page 1 of 2 Copyright. Insurance Services Office. Inc., 2001 wyy1 nil It, rruutaiVP-ICJ,nits. ir.t.., <w. 24 4Page 17 of 25) However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to othcr insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (I) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as pars of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect: and c. Before the end of the policy period_ All Other terms of your policy remain the same CG D3 82 09 06 Includes copyrighted material of Insurance Semces Office. Inc., Copyright, Insurance Services Office, Inc., 2001 wVY'�Yr�, ri.auiori,.e Jer rnna vun.c, rr ,cwr h its permission. Page 2 of 2 25 (Page 18 of 25) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT • CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attached clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 09/01/2007 Policy No. 406018454 of the OneBeacon insurance issued to Esiil Corporation Premium (if any) $ at 12:01 A.M. standard time, forms a part of Endorsement No. OssoickxkdAck QMLL Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of National City, its elected officials, officers, agents and employees All Operations 26 (Page 19 of 25) COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Farm apply unless modified by the endorsement A. PERSONAL EFFECTS COVERAGE SECTION 111 — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extenslons Is amended by adding the following_ Personal Effects Coverage We wi0 pay up to $400 for 'loss to wearing ap- parel and other personal effects which are: (1) owned by an insured"; and (2) in or on your covered "auto': in the event of a total theft loss" of your covered 'auto': No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION 10 — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total loss to a covered 'auk," of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered 'auto" less the following: (1) The amount paid dole thi< Physical Damage Coverage Section of the policy for that *auto"; and (2) Any: (a) Overdue lease/loan payments et the time of the "loss'; (b) Financial penalties imposed under a icaae for excessive u5C; abnormal Wear and tear or high mileage; (c) Security deposits not returned by the les- son, CA T4 20 07 06 (d) Costs for extended warranties, Credit Life Insurance. Health, Accident or Disability Insurance purchased with the loan or tease; and (e) Carry-over balances from previous loans or ceases. C. COVERAGE EXTENSION — AUDIO, VISUAL ANb BATA ELECTRONIC €OUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION In — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c S 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment Is permanently in- stalled in the covered "auto at the time of the loss or is removable from a housing unit which is permanently installed in the covered 'auto at the time of the "Voss', and such equipment is designed to be solely operated by use of the power from the autos electri- cal system. in or upon the covered `auto': or D. WAIVER OF DEDUCTIBLE — GLASS SECTION Ili — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered 'auto will apply to glass damage if the glass is repaired rather than !enlaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION 111 — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- Siert 11 hired -autos' are covered "autos for Liability Coverage and this policy also provides Physical Damage Coverage for an owned 'auto", then the Includes the copyrighted malarial of Insurance Services Office. Inc. vmh Its permission. Page 1 of 2 Includes the copyrighted material dine 5t Paui Travelers Companies, Inc. 27 (Page20 of 25) COMMERCIAL AUTO Physical Damage Coverage Is extended to 'autos' that you hire, rent or borrow subject to the following: (1) The most we wilt pay for loss' in any one 'accident' to a hired, rented or borrowed 'auto' is the lesser of: (a) 550.000: (b) The actual cash value of the dam- aged or stolen property as of the time of the loss': or (c) The cost of repairing or replacing the damaged or stolen property with otter property of like kind and quality. 12) An adjustment for depreciation and phyntel condition wil be made in deter, mining actual cash value in the event of a total loss". (3) It a repair or replacement results in better than like kind Cr quality, we will not pay for the amount of betterment (4) A deductible equal to the highest Physica. Damage deductible applicable to any owne covered'aulo'. (5) Ttds Coverage Extension does not apply to. (a) My 'auto" that is hired, rented or bor- rowed with a driver, or (b) Any 'auto' that is hired, rented or bo-- rowed from your "employee'. F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have sdalntl ere/ berme Or afgandation to Me ex- tent required of you by a written contract exe- cuted prior to any 'accident" or loss", pro- vided that the 'accident" or 'loss' arises out of the operations contemplated oy such con- tract. The waiver applies only to the person or organization designated in such contract G. BLANKET ADDITIONAL INSURED SECTION 11 — LIABILITY COVERAGE. pad A. 1. Who Is An Insured. paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury' or 'property damage' occurs and that is in OW dieing the policy period is an 'insured' for i.iabRty Coverage. but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an 'insured' under the Who Is An insured provision contained in Section 11. H. EMPLOYEE HIRED AUTOS SECTION n — LIABILITY COVERAGE, A. Cov- erage, i Who Is An insured is amended by add- ing the following: An 'employee' of yours is an 'insured" while op- erating an 'auto' hired or -rented under a contract or agreement in that 'employee's' name. with your permission. while performing duties related to the conduct of your business. I. COVERAGE EXTENSION —TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers. Mobile Equipment and Temporary Substitute Athos, paragraph 1. is deleted and replaced by the following 1. 'Trailers' with a load capacity of 3,000 pounds or less designed primarily tor travel or. public roads. Page 2 of 2 Invades tie copyrighted nWterl.t of hr5oran. 5r ices Oltre. log wick ii5 psnryes,on. Includes lie copyrighted Tetanal SL Pa:l T: arelers Companies. Inc. CA T4 20 07 06 28 (Page 21 of 25) WORKERS COMPEItISATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RICHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following -snacked <loose^ need be <omptet.d only when tiffs endorsement h issued wbu9utat to preparation d the eofiey.) This endorsement, effective on 09/01/2007 Policy No. 406018454 of the OneBeacon Insurance issued to Faail Corporation Premium (if any) $ at I2t0I A.M. standard time, forms a part of Endorsement No. aisixtuviuk Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We Will itot enforce not right against the person or organilation named in the Schedule: (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees white en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration: Schedule 1 Person or Organization Ilse City of National City, its elected officials, officers. agents and employees All Operations Job Description 29 6 (Page 22 of 25) RESOLUTION NO. 200E — 164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ESGIL CORPORATION TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS, AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS WHEREAS, the City desires to employ a contactor to provide Plan Checking. Building Inspections, and Other Related Services on an as -needed basis; and WHEREAS, the City has determined that EsGil Corporation is qualified by experience and ability to perform the services desired by the City, and EsGil Corporation is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City council of the City of National City hereby authorizes the Mayor to execute an agreement with EsGil Corporation to provide Plan Checking, Building Inspections, and Other Related Services on an as -needed basis. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2008. ATTEST: N ' c el R. Dallat Mi y Clerk APPROVED AS TO FORM: George H Eiser, Ili City Attorney on Morrison, Mayor 30 Y (Page 23 of 25/ Passed and adopted by the Council of the City of National City, California; on August 19, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /��i dJ[A�'�lr.��v !� City Cle of the City of N venal City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-164 of the City of National City, California, passed and adopted by the Council of said City on August 19. 2008. City Clerk of the City of National City, Califomia By Deputy 31 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 6 ..:M TITLE: A Resolution of the City Council of the City of National City accepting the work performed by Palm Engineering Construction Company, Inc. with the final amount of $54,500.00, authorizing the filing of the Notice of Completion with the County Recorder for the National City Kimball Bowl Sod Project, and authorizing final payment. (Funded through Parks and Recreation Capital Outlay Funds) PREPARED BY: Kenneth Fernandez DEPARTMENT: Development Services/ PHONE: 336-4388 EXPLANATION: APPROVED Please see attached explanation. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 115-409-500-598-4022 APPROVED: Funds are encumbered in Purchase Order No. 73970. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Engineering Division Finance MIS STAFF RECOMMENDATION: Staff requests and recommends the adoption of the resolution to formally close said project. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Final Contract Balance 3. Notice of Completion Spec 09-19 NOC EXPLANATION Per Resolution No. 2010-52, City Council awarded a contract to Palm Engineering Construction Company, Inc. in the amount of $54,500.00 for the National City Kimball Bowl Sod Project, Specification No. 09-19. During the course of construction, no City -initiated change orders were necessary to complete this project. Furthermore, no line item increases/deductions were necessary since the project's scope of work complied with its plans, contract, and specifications as reflected in the attached final contract balance document. Therefore, the construction price remained at $54,500.00. A final inspection was completed and closing documentation was submitted to the City for review and eligibility of a notice of completion. Final approval of the project was delayed because there were issues with the contractor's progress invoices and the delivery of final closing documents was postponed. After these issues were resolved, the project was eligible for a notice of completion. Please refer to attached "Final Contract Balance" document for a breakdown of line items and contracted work days. After a comprehensive review, the project was eligible for a notice of completion. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Kimball Bowl Sod Project, Specification No. 09-19. In summary, the purpose of this resolution is to approve the final amount of the project at $54,500.00, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY PALM ENGINEERING CONSTRUCTION COMPANY FOR THE FINAL CONTRACT AMOUNT OF $54,500, AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $5,450 FOR THE NATIONAL CITY KIMBALL BOWL SOD PROJECT It appearing to the satisfaction of the Engineering Department that all work required to be done by Palm Engineering Construction Company for the total final amount of $54,500 for the National City Kimball Bowl Sod Project has been completed, the City Council of National City hereby accepts said work, authorizes the filing of the Notice of Completion, and orders that payment for said work be made in accordance with said contract, including retention. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: C►audia G. Silva, Esq. City Attorney FINAL CONTRACT BALANCE DATE: August 3, 2010 PROJECT: National City Kimball Bowl Sod Project, Specification No. 09-19 TO: Palm Engineering Construction Company, Inc. Mr. Rasoul Shahbazi, President 3770 Hancock St., Suite H San Diego, CA 92110 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLF.TION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: S54,500.00 May 03, 2010 July 14, 2010 (includes downtime due to invoice and closing document delays) 30 working days 0 working days 30 working days This change order is written to balance and finalize the amounts for said project. Original Contract Adjusted Contract N. 1 Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount Mobilization LS 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 Demolition and disposal of concrete, benches, fencing, and patch wall at removal spot per attachment "B" LS 1 $3,000.00 $3,000.00 1 $3,000.00 $3,000.00 3 Remove sports clay soil (approx 400 CY) and transport to storage area at El Toyon LS 1 $6,000.00 $6,000.00 I $6,000.00 S6,000.00 4 Prepare sub -grade, import type "B" soil, test, and add amendments. Finish grade LS 1 $16,000.00 $16,000.00 I S16,000.00 $16,000.00 5 Design, install, and modify existing irrigation system to cover the sod area and directly adjacent lawn (approx 22,000 SF) LS 1 $8,000.00 $8,000.00 1 $8,000.00 $8,000.00 6 Provide and install large roll hybrid Bermuda sod (approx 22,000 SF) LS 1 $11,000.00 $11,000.00 1 $11,000.00 $11,000.00 7 90 day maintenance period LS 1 $4,500.00 $4,500.00 1 $4,500.00 S4,500.00 BASE BID TOTAL $53,500.00 S53,500.00 1 Additive Alternate Bid “Al.) LS 1 $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 I GRAND TOTAL $54,500.00 $54,500.00 Page 1 1 FINAL CONTRACT BALANCE DISCUSSION: Added line items: During the course of construction, no City -initiated change orders were necessary to complete this project. Furthermore, no line item increases/deductions were required since the project's scope of work complied with its plans, contract, and specifications as reflected in the attached final contract balance document. Therefore, the construction price remained at $54,500.00. CONTRACT ADJUSTMENT: As a result of no change orders and line item adjustments, the contract price remains as follows: 1. The final contract price to date remains at S54,500.00. 2. As a result of the satisfactory completion of said project, a retention amount of $5,450.00 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Palm Engineering Construction Company, Inc. will not be entitled to damages or additional payment for delays as described in the 2009 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 2 2 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 24, 2010, of: The National City Kimball Park Bowl Sod Project, Specification No. 09-19 Work of improvement or portion of work of improvement under construction or alteration_ Kimball Park in Street address National City, CA City State 91950 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 Palm Engineering Construction Company, Inc Name of Original Contractor The following work and material were supplied: Laborer Groups, Installers, Trucks, Operators. Painting. Landscaping, Irrigation, Sod, Fencing. etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: June 24, 2010 Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 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 June 24, 2009, at National City, California. Signature: RON MORRISON, MAYOR NOU INA, 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: OEM TITLE: A Resolution of the City Council of the City of National City accepting the work performed by Palm Engineering Construction Company, Inc. with the final amount of $67,818.00, authorizing the filing of the Notice of Completion with the County Recorder for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4) and authorizing the release of the retention in the amount of $3,375.00. (Funded through General Funds) PREPARED BY: Kenneth Fernandez, PHONE: 336-4388 August 3, 2010 AGENDA ITEM NO. 7 DEPARTMENT: Development Services/ Engineering r ision EXPLANATION: APPROVED B • Please see attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-6035 Funds are encumbered in Purchase Order No. 73249. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Crte APPROVED: ✓ MIS Finance STAFF RECOMMENDATION: Staff requests and recommends the adoption of the resolution to formally close said project. BOARD / COMMISSION RECOMMENDATION: N/A �TTACHMENTS: 1. Resolution 2. Contract Final Balance 3. Notice of Completion Spec 09-07 NOC EXPLANATION Per Resolution No. 2009-233, the City Council awarded a contract to Palm Engineering Construction Company, Inc. in the amount of $66,000.00 for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4), Specification No. 09-07. During the course of construction, City -initiated change orders were approved and added to the project via the following two change orders: 1) The purchase and installation of ten (10) new water - saving flush valves for the existing toilets and urinals for the contracted restrooms at Las Palmas and El Toyon Parks due to leakage and compatibility issues and 2) The purchase and installation of one (1) energy -saving, florescent photocell -controlled light fixture outside the front of the Las Palmas snack bar. Therefore, the construction bid price of $66,000.00 was increased by $1,500.00 to $67,500.00 resulting from Change Order Number One and increased again by $318.00 to a construction cost of $67,818.00 due to Change Order Number Two. Furthermore, No line item increases/deductions were necessary since the project's scope of work complied with its plans, contract, and specifications as reflected in the final balance change order. A final inspection was completed and closing documentation was submitted to the City for review and eligibility of a notice of completion. Final approval of the project was delayed because there were issues with the contractor's progress invoices, materials, and quality of work. In addition, the delivery of final closing documents was postponed. After these issues were resolved, the project was eligible for a notice of completion. Please refer to attached "Final Contract Balance" document for a breakdown of line items, change orders, and contracted work days. After a comprehensive review, the project was eligible for a notice of completion. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4), Specification No. 09-07. As a result of the satisfactory completion of said project, a retention amount of $3,375.00 and full payment for Change Order Number Two of $318.00 (totaling $3,693.00) is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. In summary, the purpose of this resolution is to approve the final amount of the project at $67,818.00, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY PALM ENGINEERING CONSTRUCTION COMPANY FOR THE FINAL CONTRACT AMOUNT OF $67,818, AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $3,375 FOR THE NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) It appearing to the satisfaction of the Engineering Department that all work required to be done by Palm Engineering Construction Company for the total final amount of $67,818 for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4) has been completed, the City Council of National City hereby accepts said work, authorizes the filing of the Notice of Completion, and orders that payment for said work be made in accordance with said contract, including retention. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney FINAL CONTRACT BALANCE DATE: August 3, 2010 PROJECT: TO: National City Parks Rehabilitation and ADA Improvements Project (Phase 4), Specification No. 09-07 Palm Engineering Construction Company, Inc. Mr. Rasoul Shahbazi, President 3770 Hancock St., Suite H San Diego, CA 92110 ORIGINAL CONTRACT AMOUNT: START DACE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: $66,000.00 November 19, 2009 July 7, 2010 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 45 working days 6 working days 51 working days This change order is written to balance and finalize the amounts for said project. Original Contract Adjusted Contract No. Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount LAS PALMAS PARK _ 1 Mobilization LS 1 $3,000.00 $3,000.00 1 S3,000.00 $3,000.00 2 Asphalt Paving LS 1 $6,000.00 S6,000.00 1 $6,000.00 $6,000.00 3 Signs & Striping LS 1 $2,000.00 $2,000.00 1 T $2,000.00 $2,000.00 4 Electrical LS 1 $6,000.00 $6,000.00 1 S6,000.00 S6,000.00 5 Bathroom Accessories & Fixtures LS 1 $6,000.00 $6,000.00 1 $6,000.00 S6,000.00 6 Clean & Blast LS 1 $2,000.00 $2,000.00 I $2,000.00 $2,000.00 7 Painting LS 1 $2,000.00 $2,000.00 I $2,000.00 $2,000.00 SUBTOTAL I $27,000.00 $27,000.00 EL TOYON PARK LS 8 Mobilization LS 1 $4,000.00 $4,000.00 1 $4,000.00 $4,000.00 9 Demolition & Removal LS I $6,000.00 $6,000.00 1 $6,000.00 $6,000.00 10 Concrete LS 1 $6,000.00 $6,000.00 1 $6,000.00 $6,000.00 11 Masonry LS 1 $2,000.00 $2,000.00 l $2,000.00 $2,000.00 12 Bathroom Accessories & Fixtures LS 1 SI5,000.00 $15,000.00 I S15,000.00 $15,000.00 Painting 1.S I $3,000.00 $3,000.00 1 $3,000.00 S3,000.00 Concrete Seal LS 1 $3,000.00 $3,000.00 l $3,000.00 $3,000.00 SUBTOTAL 2 $39,000.00 $39,000.00 1 Page 1 1 FINAL CONTRACT BALANCE CCO1 ADA — Access and Compliance with Kimball Park Center Restrooms CCO2 Provide and install light fixture at Las Palmas Snack Bar LS LS Change Order subtotal 1 S1,500.00 S1,500.00 $318.00 S318.00 51,818.00 GRAND TOTAL S66,000.00 S67,818.00 Page 2 2 FINAL CONTRACT BALANCE DISCUSSION: Added line items: Additive Change Order Number One was added to the contract for $1,500.00 per the City's request for the purchase and installation of ten (10) new water -saving flush valves for the existing toilets and urinals for the contracted restrooms at Las Palmas and El Toyon Parks due to leakage and compatibility issues. Additive Change Order Number Two was included in the contract for $318.00 per the City's request due to the purchase and installation of one (1) energy -saving, florescent photocell -controlled light fixture outside the front of the Las Palmas snack bar. No line item increases/deductions were necessary since the project's scope of work complied with its plans, contract, and specifications as reflected in the final balance change order Therefore, the construction hid price of $66,000.00 was increased by $1,818.00 due to said construction change order resulting in a final construction cost of $67,818.00. CONTRACT ADJUSTMENT: As a result of these change orders, the contract price is adjusted as follows: I. The final contract price to date is adjusted to $67,818.00. 2. As a result of the satisfactory completion of said project, a retention amount of $3,375.00 and full payment for Change Order Number Two of $318.00 (totaling a final balance of $3,693.00) is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Palm Engineering Construction Company, Inc. will not be entitled to damages or additional payment for delays as described in the 2009 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 3 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 3, 2010, of: The National City Parks Rehabilitation and ADA Improvements Project (Phase 4), Specification No. 09-07 Work cif improvement or portion of work of improvement tinder construction or alteration. Las Palmas and El Tovon Parks, 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 Palm Engineering Construction Company, Inc Narne of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks. Operators. Assembly, Painting, Concrete, Plumbing. Electrical, Lighting, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: August 3, 2010. Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 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 August 3, 2010, at National City, California. Signature: RON MORRISON, MAYOR 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City awarding a contract to ATP General Engineering Contractors in the amount of $2,918,289.57 to perform the City's Street Resurfacing Project for the FY 2010-2011 and authorizing the Mayor to execute the contract (Funded by TransNet, Propositon 1 B, Gas Tax and Tax Increment Funds) PREPARED BY: Din Daneshfar PHONE: 336-4387 EXPLANATION: See attached explanation. DEPARTMENT. Devv-I• ►ment Services/Eng. APPROVED B ; y!' FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The funds are available through Project accounts numbers 307-409-500-598-6035 $1,760,034.37, 346-409-500-598-6035 (908,000), 109- 409-500-598-6035 ($635,000) and 511-409-500-598-6035 ($739,965.63). Twenty five percent of the total contract amount ($730,000) will be allocated for contingencies per the "GREEN BOOK" adopted by the City of National City. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Information 3. List of Street Locations 4. Location Map awarding EXPLANATION: The City of National City's Street Resurfacing Project consists of the repair of bituminous pavements in various locations within the City of National City by removing and replacing damaged asphalt, possible replacement of unsuitable sub -grade, if found, placement of Type II asphalt slurry, asphalt overlay with asphalt rubber hot mix, replacement of curbs, gutters, sidewalk, crosswalks, pedestrian ramps, alley apron, striping, legends, signs, and traffic loops. The project will use Rubberized Asphalt Concrete (RAC) which offers a number of benefits compared to conventional asphalt concrete paving. These benefits include longer service life, dark color retention, and significantly reduced road noise due to vehicular traffic. RAC is more resistant to cracking and lowers maintenance costs. It is also safer by providing superior wet traction and greater skid resistance. Moreover, RAC is a far superior product from an environmental stand point as it uses used recycled rubber as a primary material source and as such contributes to the recycling effort. This project includes approximately 185,652 square feet of Cold Milling, approximately 7,432 tons of Asphalt Rubber Hot Mix, approximately 34,886 square yards of Type 11 Slurry Seal, approximately 4,200 tons of Remove and Replace 4" Deep Asphalt, approximately 9,635 tons of Remove and Replace 6" Deep Asphalt, approximately 1,000 tons of Remove and Replace Unsuitable Sub -grade, approximately 120,685 square yards of Crack Filling, approximately 9,696 square feet of Remove and Replace Sidewalk, approximately 1,348 linear feet of Remove and Replace Curb and Gutter, approximately 3,681 square feet of Remove and Replace Driveway, approximately 140 square feet of Remove and Replace Alley Apron, approximately 3,766 square feet of Remove and Replace Cross Gutter, approximately 165 Pedestrian Ramps, approximately 74 Adjustments of Manhole Covers, approximately 11 Adjustments of Survey Monument Covers to grade, the reinstallation of approximately 110 Traffic Loops, the replacement of all damaged traffic striping, providing (12) 30" x 30" signs, 4 Pedestrian Crossing Sign Assemblies (WI 1-2, W16-7P), temporary removal and reinstallation of 14 in -roadway LED flasher units, replacement of all striping, traffic markings and crosswalks, approximately 10 tree removals and all associated traffic control, tree trimming and water quality control. On June 23, 2010 Engineering approved the final construction documents and advertised the project. On July 19, 2010 ten bids were received and opened for the project. The bid opening information sheet and cost proposal spreadsheet for the three low bidders are attached for further review. Staff has reviewed the bid documents and found the lowest responsive bidder, ATP General Engineering Contractors to be qualified to perform the work. Staff recommendation is to award the contract to ATP General Engineering Contractors in the amount of $2,918,289.57 to complete the work. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ATP GENERAL ENGINEERING CONTRACTORS IN THE AMOUNT OF $2,918,289.57 FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 2010-2011 WHEREAS, the Engineering Department, in open session on July 19, 2010, did publicly open, examine, and declare ten sealed bids for the National City Street Resurfacing Project for fiscal year 2010-2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project for fiscal year 2010-2011 to the lowest responsive, responsible bidder, to wit: ATP GENERAL ENGINEERING CONTRACTORS 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 $2,918,289.57 with ATP General Engineering Contractors for the National City Street Resurfacing Project for fiscal year 2010-2011. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CALIFORNIA NalIONALCITIr INCORPORATED BID OPENING SPECIFICATION NUMBER: 10-1 PROJECT TITLE: Street Resurfacing Project, FY 10-11 OPENING DATE: July 19, 2010 TIME: 3:00 pm ESTIMATE: $ 3,200,000 PROJECT ENGINEER: NO. BIDDER'S NAME (PAGE 16-17) BID AMOUNT Page 18-19 ADDENDA (PAGE 16) BID SECURITY (PAGE 21)-CHECK PAGE 22) - BOND 1 ATP Gen. Eng. Contractors 187 Mace St Chula Vista, CA 91911 $2,918,289.57 Yes Yes 2 Frank 8, Son Paving 1019 Third Ave. Chula Vista, CA 91945 $3,009,532.42 Yes Yes 3 Koch -Armstrong Gen. Eng. Co 15315 Olde Highway 80 El Cajon, CA 92021 $3,032,177.74 Yes Yes 4 Granite Construction 38740 Sky Canyon Dr. Ste C Murietta, CA 92563 $3,045,580.75 Yes Yes 5 Hazard Construction 6465 Marindustry PI. San Diego, CA 92121 $3,048,995.50 Yes Yes 6 TC Construction 10540 Prospect Avenue Santee CA 92021 $3,135,990.92 Yes Yes 7 Sim J. Harris 9685 Via Excelencia San Diego, CA 92116 $3,185,000.00 Yes Yes 8 SRM Contracting 7192 Mission Gorge Rd San Diego, CA 92120 $3,248,000.00 Yes Yes 9 Ramona Paving Construction 1305 Olive Ramona CA 92065 $3,332,716.03 Yes Yes 10 ABC Construction 3120 National Avenue San Diego, CA 92113 $3,633,432.68 Yes Yes 1 CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME: NATIONAL CEP.' STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 PROJECT NO. 6035 7/20/2010 SIGNATURE YES SIGNATURE • YES SIGNATURE YES FILE NO.: CHECKLIST SUBCONTRACTC Various SUBCONTRACTORS Various SUBCONTRACTORS Various BID DATE: MONDAY, JULY 19, 2010 ® 3:00 PM ALL SIGNATURES ARE AFFIXED SIIBCONTRACTC Various SUBCONTRACTORS Various SUBCONTRACTORS Various APPARENT LOW BIDDER: ATP General Engineerin�P Contractors TYPE & AMOUNT GE BOND • BOND or CHECK YES (BOND) BOND CHECK YES (BOND) BOND CHECK YES (BOND) LOW BID AMOUNT: 62,918,289.57 ADDENDUMS TO BE ACKNOWLEDG AFFIDAVIT AFFIDAVIT AFFIDAVIT ENGINEERS ESTIMATE: $3,181,286.88 .DISCLOSURE DISCLOSURE DISCLOSURE ADDENDUMS 1 ADDENDUMS t ADDENDUMS 1 1 2 3 NO, ITEM arr. UNIT Engineers Estimate ATP General Eng. Contractors 187 Mace St,, Chula Vista, CA 91911 Frank & Son Paving, Inc, 1019 3rd Ave., Chula Vista, CA 91911 619.422-8322 Koch -Armstrong Gen Eng, Inc. 15315 Olde Hwy 80, El Cajon, CA 9202 619.581-2005 AVERAGE (3 LOWEST BIDDING CONTRACTORS I OUT OF A TOTAL OF 10 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST' TOTAL 1 MOBILIZATION I LS 24,000.00 $24,000.00 881 000.00 981 000.00 $35,000.00 535,000. 00 $49,500.00 $49.500.00 S55,166.67 $55.166.67 COLD MILLING 185,652 SF 0.34 $63,121.68 $0.22 $40,843.44 $0.22 540.843.44 90.33 $61.265.16 S0.26 547.650.68 3 ASPHALT (RUBBER HOT MIX) 7,432 TON 112.00 S832,384.00 $99.35 5738 369.20 S122.00 5906,704,00 $102.50 5761,780. 00 S107.95 9802,284,40 4 TYPE 11 SLURRY 34,886 SY 1.32 $46,049.52 $2.08 $72,562.88 $2.43 $84,772 98 $1.78 962.097.08 62. 10 S73,144.31 5 2•-4" ASPHALT CONCRETE DEEP DIG -OUT AND REPLACEMENT 4,200 TON 95.00 S399,000.00 $95.30 $400,260.00 $90.00 5378,000 00 59450 $396,900 DO 193.27 S391,720.00 6 6" DEEP ASPHALT CONCRETE DIG -OUTS AND REPLACEMENT 9,635 TON 98. W $944,230.00 $92.20 S888,347.00 $99.00 $953,865 DO S95.00 $913,325.00 895.40 $919,179.00 7 REMOVE UNSUITABLE SUB -GRAVE AND REPLACE. WITH CMB AND GEO-FABRIC 1,000 TON 40.00 $40,000.00 $30.65 130,650.00 $80.00 180,000.0U 525,00 525,000.00 $45.22 545,216,67 8 CRACK FILLING/WEED ABATEMENT 120,685 SY 0,32 S38,619,20 50,28 533 791.80 SO 40 $48,274.00 S0.56 567,583.60 $0.41 $49,883.13 9 4' PCC Sidewalk 9,696 SF 7.65 $74,174.40 55.85 $56,721.60 $4.50 $43,632.00 $7.15 569,326.40 $5.83 $56,560,00 10 Curb and Gutter, G-2 National City Modified 1,348 LF 44.00 $59,312.00 $32.55 143,877.40 $23.50 $31,678.00 $40 50 554,594.00 $32.18 543,383.13 N11 PCC Drive Way 3,681 SF 975 535,889.75 $10.75 539,570.75 S5.00 $18,405.00 59.00 $33,129.00 $8.25 $30,368.25 12 Alley Apron 140 SF 1100 $1,540.00 188.00 $12,320.00 $35.00 54,900.00 $16.00 52,240.00 $46.33 56,486,67 13 Cross Gutter 3,766 SF 2050 $77,203.00 $15.10 $56,866.60 S8. 00 $30,128.00 415.00 556,490.00 51270 S47,828.20 I d Fed Ramps, Al; Types 165 EA 2,10C 00 9346,500.00 $1,920.00 5116,800.00 .51,400.00 $211.000.00 S2.200.00 9363,000.00 5t,840,00 9303,600.00 15 Raise Manhole Cover to Grade 74 EA 20000 114,80000 4163.60 512,106.40 S400.00 $29,600.00 5480.00 535,52000 5347.87 125,742.13 16 Raise Survey Monument Cover 11 EA 50000 95,500.00 5834.00 59,I74.00 540000 S4,400.00 544000 $4,840.00 155800 $6,138.00 17 Traffic Loops (Type F. Caltrans Std. Plans) 110 EA 350.00 $38,500 DO S312.60 134,386 00 $310.00 134,100.00 $206.00 $22,660.00 $276 20 S30,382.00 IS Traffic Smpmg, Markings Removal and Replacement 1 IS 105,000.00 1;05,000. 00 $18,(10000 518,00000 517,800.00 $17,800.00 817,80( 00 S17,800.00 S17,866.67 117,866.67 19 Tree-Trimmi43 1 LS 13,000.00 5I3.000.00 15 200.00 55,20000 113.80000 113,800.00 $12.800.00 $12,800.00 $10,600.00 $10,600.00 20 Tree retnevals%stumping 10 E.4 , 500,00 $5.000. 00 51 30000 S13 000 DO 5550.00 $5 500.00 $200,00 $2.000,00 $683.33 $6,833.33 21 Remove and replace in roadway lighting crosswalk system (14 1,Et7 units) on 18th Street at 6,Avenue) 1 LS 12,000.00 $12000.00 S9,000.00 S9,000. 00 912, 000.00 S12,000.00 515, 50,00 $15,45000 $12,150.00 S12,150.00 22 Provide 30' x 30info signs (See appendix C") 12 EA 300.00 53,600.00 $285.00 $3,420.00 $250 00 13,003.00 $120 00 $1,440.00 1218,33 $2,620.00 23 Striping and raised pavement markers (Detail 38A with Detail 38C' Caltrans Std Plans) 850 LF 117 $991. 67 S1,15 $977 50 S1.20 $1,020.00 SI.1,5 $97750 $1.17 S991.67 24 Pedestrian crossing sign "30" x 30" w' arrow plaque" (W 1 1-2, W%16-7p - �' 1UTCD) with 2" square, 14' long, galvanized steel breakaway sign post 4 EA 181,67 $726.67 $235.00 1940.00 $250.00 $1.000.00 $60.00 S240.00 $181.67 5726.67 25 an crossing sign (I1.2) and sign post Remove existing pedestrian crossing 2 EA 72 50 $145.00 552.50 $105 00 $55.00 SI I0.00 $110.00 $220.00 $725( $145.00 $3.181,286.88 52,918,289.57 S3,009,512.42 13,032,177. 74 $2,986,666,58 -$0.08 -5U 05 •5(J 05 •$0. 06 No From City of National City Resurfacing FY 10-11 (QUANTITIES BY STREET AND LINE ITEM NIUMBER APPENDIX "A' 1 OSBORN ST, DIVISION 5T E 1ST ST 3,660 211 139 2,440 i 537 4 6 2 NCB E 1ST ST E 7TH 57 46,872 1 316 2 272 500 15 190 1 844 876 588 738 22 9 26 3 E 16TH ST, 038 L AVE N AVE 8 160 308 67 - 3 551 100 17 150 6 1 4 E 30TH ST 01C A AVE D AVE 13,200 646 786 100 7 456 1 107 145 - 11 3 10 5 E 8TH ST, 06 EUCLID AVE HARBISON AVE 27 720 1 356 2 097 100 15 657 1,652 a 483 352 19 11 18 6 W 18TH ST, 02 CLEVELAND AVE MCKINLEY AVE 3 360 140 107 - 1,618 365 4 7 E 8TH ST 05 PALM AVE EUCLID AVE 31i320 ,532 2,908 100 17 690 355 71 305 304 14 11 35 8 TRANSPORTATION MILES OF CARS WAY W 2STH ST 4,500 224 392 2 583 140 77 320 4 1 9 16TH ST GROVE EUCLID AVE 11 760 396 452 100 4 573 135 I 77 8 3 8 10 18TH ST C AVE D AVE 4 500 199 196 2 292 - 140 140 832 2 2 4 11 18TH ST NEWELL PALM 15 000 541 221 100 i 5,250 290 41 345 -_ 1 9 3 12 18TH ST D AVE HIGHLAND 15 600 563 6 500 13 E 20TH ST, 14 210 W OF RACHEL AVE RACHEL AVE 863 863 14 PLEASANT L 03 E 8th St. E 10TH ST -_ 2,372 2 372 15 I AVE. 02 E 6TH ST E 8TH ST 2,977 209 2,977 1,296 161 546 720 8 1 I 16 BETA ST 01A CDS W OF R AVE U AVE 7 359 700 7,359 90 37 2 6 17 K AVE 04 N CDS E 16TH ST 4 980 822 4 980 50 5 5 18 M AVE 01 E 4TH ST E 8TH ST 5 057 1 052 5,057 570 500 16 4 19 E 21ST 57 03 C AVE D AVE 825 52 825 25 8 1 20 K AVE, 09 E 24TH ST E 26TH 2,194 215 2,194 390 144 6 2 21 5 AVE 01N LA POSADA ST DIVISION 5T 1 357 328 1 357 __ 5 2 22 E 11TH ST 04 ARCADIA PL HARBISON AVE 4 029 508 4029 85 4 3 23 E 20TH 5T 08 W END N AVE 973 116 973 150 2 24 K AVEi 01 E 4TH ST E 6TH ST 1 900 197 1,900 515 826 14 T0TALS: 185 652 7 432 34 886 4,200 9 635 1 000 120,685 9 696 1 348 3 681'. 140 3 766 165 74 110 NATIONAL CITY STREET RESURFACING PROJECT FY 10-11 iI wga $ S � 441�$�' -- lLuyJs�v _ it IL g I 77 1ST STI AD 11 „RraT „u ST. r = — -'11—� r eLdo -:J rRaT4 .L L. WW. xS • L----- —it) L--et-[ET }5`gi'.� urx $, 1 i [�1 Pori sT. ne�, x 91Yrr trRey} EEMD 'ttRCt iPoTR ST. -1V 1 ertx n. al,. S,. rJ e e r r' LOCATION MAP SCALE: NTS x6RDft o . a 1ST ST. t IS LEGEND: STREET OVERLAY FY 10-11 STREET SLURRY SEAL FY 10-11 pp„uuq DAY e-z IIItHIIHHuIIIIII N ss NATIONAL CITY STREET RESURFACING PROJECT FY 10-11 \\ 1ST STr 3RD II .TuIU STN1ST. ,J II 6TH ST. 7Tq ST. JL � I STREET 1 JL A"II 19TH ST- 20TH ST. REND ST. 1 , 111111111111111111111 1 35TH ST. 1 L 1f LJ TREET 24 STREET JIL.- — > c I26TH STP 28TH ST. r-J J �\ LOCATION MAP SCALE: NTS ,ifr \\ 6 1ST ST,111-71 1I i 1ST ST. 2ND ST. s 2ND ST. 312 D ST. > 3RD ST. 17TH STREET 7TH ST 22ND J jj MN ST. — — j 3 7TH ST/ II 29 °--X W Lot 6 TREET i 01 r---► r r ...! J', r 1�. LEGEND: STREET OVERLAY FY 10-11 STREET SLURRY SEAL FY 10-11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of National City awarding a contract to Project Professionals Corporation, for project/construction management, construction inspections and minor surveying for the Fiscal Year 2010-2011 Street Resurfacing Project 10-01 in the amount not -to -exceed $223,197.00 and authorizing the Mayor to execute the agreement. (Funded by Prop A) PREPARED BY: Barby Tipton PHONE: 4583 EXPLANATION: See attached DEPARTMENT: Develop 1-•t• Divisi• APPROVED BY: s-Engineering FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are available in account 307-409-500-598-6035 in the amount of $256,676.55 (contract plus 15% contingency) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. Agreement The City of National City's Street Resurfacing Project consists of the repair of bituminous pavements in various locations within the City of National City by removing and replacing damaged asphalt, possible replacement of unsuitable sub -grade, if found, placement of Type II asphalt slurry, asphalt overlay with asphalt rubber hot mix, replacement of curbs, gutters, sidewalk, crosswalks, pedestrian ramps, alley apron, striping, legends, signs, and traffic loops. The project will use Rubberized Asphalt Concrete (RAC) which offers a number of benefits compared to conventional asphalt concrete paving. These benefits include longer service life, dark color retention, and significantly reduced road noise due to vehicular traffic. RAC is more resistant to cracking and lowers maintenance costs. It is also safer by providing superior wet traction and greater skid resistance. Moreover, RAC is a far superior product from an environmental stand point as it uses used recycled rubber as a primary material source and as such contributes to the recycling effort. This project includes approximately 185,652 square feet of Cold Milling, approximately 7,432 tons of Asphalt Rubber Hot Mix, approximately 34,886 square yards of Type II Slurry Seal, approximately 4,200 tons of Remove and Replace 4" Deep Asphalt, approximately 9,635 tons of Remove and Replace 6" Deep Asphalt, approximately 1,000 tons of Remove and Replace Unsuitable Sub -grade, approximately 120,685 square yards of Crack Filling, approximately 9,696 square feet of Remove and Replace Sidewalk, approximately 1,348 linear feet of Remove and Replace Curb and Gutter, approximately 3,681 square feet of Remove and Replace Driveway, approximately 140 square feet of Remove and Replace Alley Apron, approximately 3,766 square feet of Remove and Replace Cross Gutter, approximately 165 Pedestrian Ramps, approximately 74 Adjustments of Manhole Covers, approximately 11 Adjustments of Survey Monument Covers to grade, the reinstallation of approximately 110 Traffic Loops, the replacement of all damaged traffic striping, providing (12) 30" x 30" signs, 4 Pedestrian Crossing Sign Assemblies (W 11-2, W16-7P), temporary removal and reinstallation of 14 in -roadway LED flasher units, replacement of all striping, traffic markings and crosswalks, approximately 10 tree removals and all associated traffic control, tree trimming and water quality control. The City sent out 42 Request for Proposals for project construction management construction inspections and minor surveying for the Street Resurfacing Project 10-01 for Fiscal Year 2010-2011 and posted the Request for Proposal on the City's web page. Of the 5 responses, 4 firms were interviewed by the interview panel. The panel reviewing the proposals took into consideration qualifications, past performance history, the type of services offered, knowledge of the City, as well as knowledge of the project and the cost to the City. Project Professionals Corporation was selected by the panel with the contract amount of $223,197.00. Staff recommends that Council adopt the resolution. Funds are available in account 307- 409-500-598-6035 in the amount of $256,676.55 (contract plus 15% contingency). RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION FOR PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTIONS, AND MINOR SURVEYING FOR THE FISCAL YEAR 2010-2011 STREET RESURFACING PROJECT 10-01 IN AN AMOUNT NOT -TO -EXCEED $223,197 WHEREAS, the City desires to employ a consultant to provide project management, construction management, construction inspections, and minor surveying for the Street Resurfacing Project 10-01 for Fiscal Year 2010-2011; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, and Project Professionals Corporation is willing to perform such services for the not -to -exceed amount of $223,197. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Project Professionals Corporation in the not -to -exceed amount of $223,197 to provide project management, construction management, construction inspections, and minor surveying for the Street Resurfacing Project 10-01 for Fiscal Year 2010-2011. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 3rd day of August, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Professionals Corporation, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide will provide Project/Construction Management, Construction Inspections and Minor Surveying for the Street Resurfacing Project for FY 2010-2011. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will provide Project/Construction Management, Construction Inspections and Minor Surveying, training and 1 60' box Canary Island Pine for installation at 9th & A Street as detail on Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a 1 and execution of this Agreement for the CONSULTANT_ Byron Wade thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $223,197.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates upon completion of the Street Resurfacing Project or December 1, 2010, whichever comes first. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 2 2 City's Standard Agreement — June 2008 revision but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession_ The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12_ STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions 3 3 City's Standard Agreement — June 2008 revision necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the •furnishing of materials or services relating thereto_ C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. • The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publidy available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 4 City's Standard Agreement —June 2008 revision CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTs negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. ' Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement- shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 5 City's Standard Agreement — June 2008 revision I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) *or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein_ K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations andwarranties 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 attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 6 6 City's Standard Agreement —June 2008 revision C_ Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Byron Wade Project Professionals Corporation 656 5th Avenue, Suite W San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform 7 7 City's Standard Agreement - June 2008 revision services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY_ ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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. 8 8 Citys Standard Agreement — June 2008 revision J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Silva, Esq. Acting City Attorney Project Professionals Corporation (Corporation - signatures- of two corporate officers) (Partnership - one signature) (Sole propriet;i.hip - one s. natur (Print) —r 16-06 (Title) By:`%� (Name))' Lnne 13. , V bCe (Print) cXo (Title) 9 9 City's Standard Agreement — June 2008 revision EXHIBIT "A" PROJECT PROFESSIONALS CORPORATION July 19, 2010 Din Daneshfar, Principal Civil Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Project Management, Inspection and Surveying Services for the City of National City, Street Resurfacing Project, FY10-11 Dear Din, am submitting this proposal per your request for a cost estimate to provide Project Management, Inspection and Surveying services for the abovementioned project that will begin on August .1, 2010 and be complete on or about October 30, 2010. SCOPE As the project managers and inspectors for this project, Project Professionals Corporation will work with the City of National City and the contractor to manage, inspect and coordinate all aspects of the construction activities and public outreach, which includes: • Attend all project related meetings. • Insure schedule and scope of work compliance. • Perform on site inspections to: o Inspect and insure conformance with project specifications for construction material and method compliance; o Document material and improvements quantities for payment; o Document contractor personnel for certified payroll audit and perform interviews; o Document equipment and materials used; -o Ensure testing of materials by others is completed; o Document any changed conditions and participate in change order negotiations; o Review project safety and traffic control for recommendations to the City; o Act as liaison with businesses and residents when necessary. • Process RFI's and submittals. • Review materials test results for conformance with contract documents. • Process a weekly statement of contract time. • Full team coordination to review payment quantities on a daily basis for budget analysis and control. 656 5T" AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92101 ProiectProfessionalsCoracom TELEPHONE 6 1 9.244.34 1 B FACSIMILE 619.794.0180 BYRON@PROJECTPROFE551ONAL5CORP.COM 10 City of National City Professional Services Proposal Street Resurfacing Project, FY 10-11 Page 2 of 3 • Review, negotiate, recommend and draft change orders for City approval as necessary. • Review and recommend invoices for payment. • Visit the construction as needed to assist in problem resolution. • Maintain a master construction file. • Take efforts as necessary and directed to communicate the construction activities to .the general public. • Review certified payroll, maintain records and coordinate corrections with contractor when necessary. • Finalize the project per City policy and standards. The Principal Project Manager shall manage and coordinate all PPC efforts, attend all meetings, visit the worksite regularly, meet and confer on all construction and public relations issues, negotiate all change orders, review and make recommendations on submittals, RFI's and invoices, collect and analyze all project quantities for daily ongoing budget control and analysis and process invoices and change orders. The Project Manager shall substitute for the Principal Project Manager where appropriate. There shall be 1 Senior Inspector for 10 hours per day, six days per week for the duration of the project (contract working hours) and 1 Public Works Inspector 8 hours per day for 5 days per week for 10 weeks of the project. This will cover one asphalt crew 6 days per week and the concrete work for 5 days per week. All inspectors shall be experienced and well qualified for this type of project. The Administrative Assistant/Certified Payroll Officer shall maintain all project files, collect and review certified payroll documents and coordinate with the contractor on all corrections. The proposed project staff will be: Byron Wade, Principal Project Manager Jim Biasi P.E., Senior Inspector Juan Cesena, Public Works Inspector, or Gilbert Valdez, Public Works Inspector Michael McDonnell, Project Manager (in lieu of Principal where appropriate) Anna Schulte, Administrative Assistant/Certified Payroll Officer Surveying will be provided by May Group and will be responsible for tying out all survey monuments that will be disturbed by the construction, replacing all of the monuments, preparation and filing of corner records. See attached worksheet for cost breakdown. 11 City of National City Professional Services Proposal Street Resurfacing Project, FY 10-11 Page 3 of 3 Thank you for this opportunity to serve the City of National City on this project. As a free service PPC will provide training on the basics of project management and inspection with free usable forms to any City staff person you wish for the duration of the project. Additionally, PPC will donate one 60" box Canary Island Pine for installation at 9th & A Street. Sincerely, 12 Cost Proposal for Project Management, Inspection and Surveying Street Resurfacing Project, FY 10-11 Estimated Hours: Task/Regular Time Principal Project Manager Project Manager Senior Inspector Public Works Inspector CAD Oper/ Admin. Assistant May Group Survey Monuments TOTALS Project Management 330 36 Inspection 514 400 R&R Survey Monument/Corner Record 40 Certified Payroll/Administrative 180 Total Hours/Units 330 36 514 400 180 40 Rates per hourunit 150 100 116 114 68 . 400 TOTALS 49,500 3,600 59,624 45,600 I 12,240 I 16,000 186,564 Task/OVERTIME Principal Project Manager Project Manager Senior Inspector Public Works Inspectors CAD Oper/ Admin. Assistant May Group Survey Crew TOTALS Project Management Inspection 220 Certified Payroll Total Hours - - 220 - - - Rates 150 100 155 153 68 TOTALS - - 34,100 - - - 34,100 Estimated Reimbursable Costs: Item Type of Units Cost per Units Est. number of Units TOTALS B&W Copies/Prints 8 1/2" x 11" Each $ 0.20 120 24 Color Copies/Prints 8 1/2" x 11" Each $ 1.00 - CD Roms Each $ 5.00 1 5 Binder, 2" Each $ 22.00 - Binder, 3" Each $ 26.00 4 104 Misc. Printing // LS $ 1,200.00 2,400 2,400 Total Expenses Total Consulting Fee (above) Total Cost Estimate $ 2,533 $ 220,664 Byr ad $ 223,197 A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/0 O/YYYY) 07/22/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER AHERN INSURANCE BROKERAGE 9655 GRANITE RIDGE DR STE 500 SAN DIEGO, CA 92123 (888) 661-3938 X0052 882 CONTACT NAME: PHONE No): (87T) 552-6091 ESA No, Ex[): (888) 661-3938 FAX L ADDRESS: Serrice.centengtravelers.com PRODUCER CUSTOMER ID N: 1104EA146 INSURER(S) AFFORDING COVERAGE NAIC N INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVENUE STE. I SAN DIEGO, CA 92101 INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURER B:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER C: NSURER o: INSURER E: INSURER F: RAGES CERTIFICATE NUMBER: 302130216321 • THIS IS TO CERTIFY THAT T)IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER MD POLICY NUMBER POLICY EFF 4MMIDD/YYYY) POUCY EXP (MM/DDIYYYY) LIMITS B GENERALLIAB9TY X COMMERCIAL GENERAL ICLAIMS-MADE LIABILITY I X I OCCUR XACHOCCUR 680-9688P418-10 05/10/2010 05/10/2011 $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 MED EXP (Any one person) $5,000 X HIRED AUTO PERSONAL SADV INJURY S2,000,000 X GEM. NON OWNED AUTO AGGREGATE LIMIT APPLIES PER I POLICY n JEFC n LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMPIOP AGG $4,000,000 $ AUTOMOBILE LIABILITYCOMBINED SINGLE UMIT (Ea accidenq $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORJPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH} II yes, describe under SPECIAL PROVISIONS below YM NIA UB-1329R331-10 05/10/2010 05/10/2011 X I WCSTATU- I LOTH. TORY LIMITS 1 ER I I E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 El. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - BLANKET ADDL INSD-OWNERS/LESSEES/CONTR, CG D1 05, BUT ONLY AS RESPECTS TO CONSULTING WORK BEING PERFORMED BY THE INSURED. CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE )414*Y�J © 1988-2009 ACORD CORPORATION- All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 14 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO.10 EM TITLE: Resolution of the City Council of the City of National City Ratifying the Fourth Amendment to the $125,000 Grant Agreement between the County of San Diego and the City of National City extending the term for the construction of a Soccer Field to January 30, 2011 PREPARED BY: Barby Tipton PHONE: Ext. 4583 EXPLANATION: Please see attached Staff Report. DEPARTMENT: Development Services/ En APPROVED FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: No financial impact at this time. Funds have been deposited into the 115 fund in the amount of $125,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1ff report . Amendment to Standard Grant Agreement Resolution STAFF REPORT On September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club. The initial funding of $125,000 was secured through the office of Supervisor Greg Cox, and $73,046 of CDBG funds was allocated to the Boys & Girls Club to administer the project. On October 24, 2006, a Grant Agreement in the amount of $125,000 between the City and the County of San Diego was entered into for the completion of the soccer field. In a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project. In October 2006, the grant was amended and Council approved Resolution No. 2007-26 to reallocate the grant and the CDBG funds from the Boys & Girls Club to the City. On October 24, 2006, the San Diego County Board of Supervisors approved a $125,000 grant to the City of National City for the completion of the Soccer Field Project, The Grant Agreement between the City of National City and San Diego County was entered into on March 19, 2007. On May 6, 2008, Council approved pursuing a synthetic turf playing surface in lieu of a natural field surface, therefore, the City requested an extension of time to spend the grant funds. The First Amendment to the $125,000 Grant Agreement was entered into on May 21, 2008, extending the term until September 30, 2008. On November 25, 2008, the County and the City entered into a Second Amendment to the Grant Agreement to extend the term until May 31, 2009; on July 14, 2009, a Third Amendment extended the term until June 30, 2010; and on July 12, 2010, the Fourth Amendment was entered into to extend the term until January 30, 2011. The soccer field construction bids were opened on June 19, 2010, and the City anticipates that the construction should be completed by December 2010, and has asked for the final extension of the grant with this Fourth Amendment. Staff recommends adoption of the proposed resolution for ratification of the Fourth Amendment to the $125,000 Grant Agreement between the City of National City and the County of San Diego for the construction of a soccer field. FOURTH AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN TEIE COUNTY OF SAN DIEGO AND CITY OF NATIONAL Cf1'Y This Fourth Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on July 12, 2010 WHEREAS, on October 24, 2006 (3), the Board of Supervisors approved a $125,000 grant to City of National City (Grantee) to complete the Arena Soccer Project sited at Kimball Park, located on 12h Street between "D" and "A" Avenues in National City; and WHEREAS, on March 19, 2007, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds; and WHEREAS, on May 21, 2008, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend the Term of Agreement to September 30, 2008; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds; and WHEREAS, on November 25, 2008, County and Grantee entered into the Second Amendment to Standard Grant Agreement to extend the Term of Agreement to May 31, 2009; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds; and WHEREAS, on July 14, 2009, Courtly and Grantee entered into the Third Amendment to Standard Grant Agreement to extend the Term of Agreement to June 30, 2010; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds; and NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows_ City of National City 06-07CP 1. Paragraph 2 is amended to read as follows: The Term of Agreement shall be from the date the parties entered into the Original Agreement through January 30, 2011. 2. All other terms and conditions in the Original Agreement as amended by the First, Second, and Third Amendments remain in full force and effect. WHEREFORE, the parties execute this Fourth Amendment on the date first written above. COUNTY OF SAN DIEGO By: Janet Pehau, Director Office of Financial Planning GRANT By: Date 4 -I'Wf to# /6..: "tit 10� Print name and title By: Date Print name and title [Note: need one signature from each of the following two groups: I. Executive Group: President, Vice -President or Chairman of the Board. 2 Management Group: Secretary, Assistant Secretary, Assistant Treasure; Chief Financial Officer.] 2 City of National City 06-0 RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A FOURTH AMENDMENT TO THE $125,000 GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY EXTENDING THE TERM FOR THE CONSTRUCTION OF A SOCCER FIELD UNTIL JANUARY 30, 2011 WHEREAS, on September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club; and WHEREAS, in a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project, therefore, in October 2006, the grant was amended and Council approved a resolution to reallocate the grant and the CDBG funds from the Boys & Girls Club to the City; and WHEREAS, on October 24, 2006, the San Diego County Board of Supervisors approved a $125,000 grant to the City of National City for the completion of the Soccer Field Project, which was entered into on March 19, 2007; and WHEREAS, on May 6, 2008, Council approved pursuing a synthetic turf playing surface in lieu of a natural field surface, therefore, the City requested an extension of time to spend the $125,000 grant funds; and WHEREAS, the First Amendment to the $125,000 Grant Agreement was entered into on May 21, 2008, extending the term until September 30, 2008; and WHEREAS, on November 25, 2008, the County and the City entered into a Second Amendment to the Grant Agreement to extend the term until May 31, 2009; on July 14, 2009, a Third Amendment extended the term until June 30, 2010; and on July 12, 2010, the Fourth Amendment was entered into to extend the term until January 30, 2011; and WHEREAS, the soccer field construction bids were opened on June 19, 2010, and the City anticipates that the construction should be completed by December 2010, and has asked for the final extension of the grant with this Fourth Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Fourth Amendment to the $125,000 Grant Agreement between the City of National City and the County of San Diego extending the term for the construction of a soccer field until January 30, 2011. Said Fourth Amendment to the $125,000 Grant Agreement is of file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 — Page Two PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of the City of National City Ratifying the Second Amendment to the $100,000 Grant Agreement between the County of San Diego and the City of National City extending the term for the construction of a Soccer Field to January 30, 2011. PREPARED BY: Barby Tipton PHONE: Ext. 4583 EXPLANATION: • .r Please see attached Staff Report. DEPARTMENT: Develop ent Services/ Enui� APPROVED B1L• FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: No financial impact a this time. Funds have been deposited into the 115 fund in the amount of $100,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3ff report ,,ccond Amendment to Standard Grant Agreement Resolution STAFF REPORT On September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club. The initial funding of $125,000 was secured through the office of Supervisor Greg Cox, and $73,046 of CDBG funds was allocated to the Boys & Girls Club to administer the project. On October 24, 2006, a Grant Agreement in the amount of $125,000 between the City and the County of San Diego was entered into for the completion of the soccer field. In a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project. In October 2006, the grant was amended and Council approved Resolution No. 2007-26 to reallocate the grant and by Resolution No. 2007-27 reallocated the CDBG funds from the Boys & Girls Club to the City. On June 17, 2008, the San Diego County Board of Supervisors approved an additional $100,000 grant to the City of National City for completion of the soccer field project. The $100,000 Grant Agreement was entered into on September 16, 2008. (Resolution No. 2008-192) On November 13, 2009, the City requested and the County granted the first extension to the Agreement to June 30, 2010. On June 19, 2010, the soccer field construction bids were opened. The City anticipates that the construction should be completed by December 2010, and has asked for a final extension of the grant with this amendment. On July 12, 2010, the County and the City entered into a Second Amendment to the $100,000 Grant Agreement to extend the term for the construction of a soccer field until January 30, 2011. The proposed resolution ratifies the approval and execution of the Second Amendment to the $100,000 Grant Agreement between the County of San Diego and the City of National City extending the term for the construction of a Soccer field until January 30, 2011. Staff recommends adoption of the proposed resolution for ratification of this Second Amendment to the $100,000 Grant Agreement. SECOND AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY This Second Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on July 12, 2010 WHEREAS, on June 17, 2008 (17), the Board of Supervisors approved a $100,000 grant to City of National City (Grantee) for completion of the soccer field project in Kimball Park; and WHEREAS, on September 26, 2008, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Tenn of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds; and WHEREAS, on November 13, 2009, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend the Term of Agreement to June 30, 2010; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds_ NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows: 1 Paragraph 2 is amended to read as follows: The Term of Agreement shall be from the date the parties entered into the Original Agreement through January 30, 2011. 2. All other terms and conditions in the Original Agreement as amended by the First Amendment remain in full force and effect. WHEREFORE, the parties execute this Second Amendment on the date first written above. 1 Cite of National f'ity: 0?-08(1' COUNTY OF SAN DIEGO By: Janet Pehau, Director Office of Financial Planning GRANT By: Date 6 -iy-lo Print name and title By: 7 Print nainland title ate [Note: if Grantee is a California corporation, need one signature from each of the following two groups: I. Executive Group: President, Vice -President or Chairman of the Board; and 2. Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.) City of Nalional Cite 07-02 CP RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SECOND AMENDMENT TO THE $100,000 GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY EXTENDING THE TERM FOR THE CONSTRUCTION OF A SOCCER FIELD UNTIL JANUARY 30, 2011 WHEREAS, on September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club; and WHEREAS, in a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project, therefore, in October 2006, the grant was amended and Council approved a resolution to reallocate the grant and the CDBG funds from the Boys & Girls Club to the City; and WHEREAS, on October 24, 2006, the San Diego County Board of Supervisors approved a $125,000 grant to the City of National City for the completion of the Soccer Field Project, which was entered into on March 19, 2007; and WHEREAS, on June 17, 2008, the San Diego County Board of Supervisors approved a second grant to the City of National City in the amount of $100,000 for completion of the Soccer Field Project; and WHEREAS, the $100,000 Grant Agreement between the County and the City was entered into on September 16, 2008; and WHEREAS, on November 13, 2009, the City requested and the County granted the first extension to the Agreement to June 30, 2010; and WHEREAS, the soccer field construction bids were opened on June 19, 2010, and the City anticipates that the construction should be completed by December 2010, and has asked for a final extension of the grant with this amendment. WHEREAS, on July 12, 2010, the County and the City entered into a Second Amendment to the $100,000 Grant Agreement to extend the term for the construction of a soccer field until January 30, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Second Amendment to the $100,000 Grant Agreement between the City of National City and the County of San Diego extending the term for the construction of a soccer field until January 30, 2011. Said Second Amendment to the $100,000 Grant Agreement is of file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 — Page Two PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 12 :M TITLE: Resolution of the City Council of the City of National City consenting to a Sublease by AT&T to Clearwire Wireless for a portion of the Leased Premises at El Toyon Park used for a Cellular Wireless Antenna Facility PREPARED BY: George H. Eiser, I11 DEPARTMENT: Cit Attorney PHONE: 336-4221 EXPLANATION: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Memorandum • Letter from AT&T requesting consent of sublease • Photo simulation of existing and proposed facilities • Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO A SUBLEASE BY AT&T TO CLEARWIRE WIRELESS FOR A PORTION OF THE LEASED PREMISES AT EL TOYON PARK USED FOR A CELLULAR WIRELESS ANTENNA FACILITY WHEREAS, in December, 1999, the City entered into a five-year Lease with GTE Wireless of the Pacific for a portion of El Toyon Park under which GTE would install and maintain a cellular wireless antenna facility, consisting of an equipment shelter and antennas mounted on an existing stadium light pole. AT&T, the successor of GTE, is currently in the second five-year term of the Lease, which provides for four automatic five-year extensions after the initial Lease term of five years; and WHEREAS, AT&T has requested that it be allowed to sublease a portion of the Leased Premises to Clearwire Wireless to enable Clearwire to install an equipment shelter, as well as co -locating antenna equipment on the existing light pole. Section 31 (a) of the Lease provides that the Tenant (AT&T) may not sublease the Leased Premises without the prior written consent of the Landlord (the City); and WHEREAS, the Planning Division has reviewed the site plan for the proposed sublessee's facilities, and has recommended the following as conditions of approval of the sublease: • AT&T shall satisfy all lease requirements as determined by the City Attorney's Office. • A building permit will be required to be submitted and approved. • A photo simulation was previously provided by Clearwire showing the preferred location of the equipment. This is where the shelter shall be located. A pitched roof shall be incorporated into the design so that the shelter matches the adjacent shelter. The materials shall be the same material, texture, and color as the adjacent shelter. • The pole shall be painted using non -reflective paint, and shall match the other light poles in El Toyon Park (dark brown). • All wiring between the antennas and equipment shelter shall be placed within the pole and/or underground. NOW, THEREFORE, BE IT RESOLVED that subject to the conditions set forth hereinabove, the City Council of the City of National City hereby consents to a sublease by AT&T to Clearwire Wireless for a portion of the leased premises at El Toyon Park used for a cellular wireless antenna facility. --- Signature Page to Follow --- Resolution No. 2010 — Page Two PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate {Ty �� a1�'S2iQnry a;R� Ikon • ()RATED Office of the City Attorney Acting City Attorney Claudia Gacitua Silva Special Legal Counsel George H. Eiser, Ili Senior Assistant City Attomey Jodi L. Doucette TO: Mayor and City Council DATE: July 20, 2010 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Consent to Sublease Portion of Existing Cellular Wireless Antenna Facility Site at El Toyon Park In December, 1999, the City entered into a five-year Lease with GTE Wireless of the Pacific for a portion of El Toyon Park under which GTE would install and maintain a cellular wireless antenna facility, consisting of an equipment shelter and antennas mounted on an existing stadium light pole. AT&T, the successor of GTE, is currently in the second five-year term of the Lease, which provides for four automatic five-year extensions after the initial Lease term of five years. AT&T has requested that it be allowed to sublease a portion of the Leased Premises to Clearwire Wireless to enable Clearwire to install an equipment shelter, as well as co - locating antenna equipment on the existing light pole. Section 31 (a) of the Lease provides that the Tenant (AT&T) may not sublease the Leased Premises without the prior written consent of the Landlord (the City). The proposed resolution would constitute the City's consent to the sublease by AT&T to Clearwire Wireless. The sublease will not result in a contractual or landlord/tenant relationship between the City and Clearwire Wireless. The consent would be subject to the following conditions, recommended by the Planning Division: • The applicant shall satisfy all lease requirements as determined by the City Attorney's Office. • A building permit will be required to be submitted and approved. • A photo simulation was previously provided by Clearwire showing the preferred location of the equipment shelter (see attached). This is where the shelter should be located. Please note that a pitched roof shall be incorporated into the design so that the shelter matches the adjacent shelter. The materials shall be the same material, texture, and color as the adjacent shelter. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Consent to Sublease July 20, 2010 Page 2 • The pole shall be painted using non -reflective paint, and shall match the other light poles in El Toyon Park (dark brown). • All wiring between the antennas and equipment shelter shall be placed within the pole and/or underground. ORGE Legal Coun GHE/gmo Attachments • Page 2 Consent to Sublease Via Registered Mail Return Receipt Requested Tracking Number: 7008-0500-0001-9813-0349 March 15, 2010 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD National City, CA 91950 RECEIVED ENGINEERING OEPT 2010 MAR 23 A 4: 04 Re: AT&T Mobility Lease Agreement with City of National City dated 12/14/1999 Site Name: 329/43RD STREET/GTE Site FA Number: 10086307 Site Address: 2005 EAST 4TH STREET Site City, State, Zip Code: NATIONAL CITY, CA 91950 Proposed Sublessee: Clearwire AT&T Mobility has received an application to allow another wireless carrier Clearwire to co -locate within the leased premises and on our cell tower located at the address referenced above. This application shall be in accordance with local zoning laws and regulations. Under our agreement with Lessor, AT&T has the right to sublease with Lessor's reasonable consent of the enclosed plans. Failure to respond in writing shall deem the plans approved. While subletting the premises, AT&T Mobility will continue to be the Lessee in our agreement with Lessor and will perform all of our obligations under the Lease. Additionally, Clearwire shall have no more rights allowed to them in excess of our rights with Lessor as outlined in our existing agreement. Agreed to and accepted this day of , 2010. Lessor or Lessor's Registered Agent; (Signature) (Printed Name) (Date) (Title) (Phone) (Email) Please use the enclosed self-addressed stamped envelope to return this consent. If you have any questions, please contact me at 770-708-6563 or rj7240@att.com Sincerely, Renee Gaffman,ones Consent Specialist AT&T Mobility AT&T Mobility • 12555 Cingular Way, Cube 1275-D, Alpharetta, GA 30004 S2b .°°° `i1 clear. YYPO .P ,aM1 I17.0 Nu uw,T.1 3u � CA-SDG5104 2005 E.4TH STREETE.43 NATIONAL CITY, CA. 91950 Vg coma Root.imx,T., yv rk E:i RY'•9"TC'^' man ovum, Lornio me TN ill PI 1. w000rrrikor...rom Pm, neromgocuamemokre ammo wan. • art wean* alma sauna. _. warnmenunmn Yip %F Wii earameorimu mow i. tit A-3 °1 1 WEST ELEVATION °®`I �M . ��, Z SOUTH ELEVATION I aM ,...-.K°..,, PROPOSED SIX PANEL ANTENNAS, THREE DIRECTIONAL ANTENNAS, & SIX DAPS MOUNTED ON EXISTING STADIUM LIGHT POLE (NOT VISIBLE) PROPOSED EQUIPMENT ENCLOSURE TO MATCH EXISTING clearw're* wireless broadband CA-SDG5104 2005 E. 4TH STREET NATIONAL CITY, CA. 91950 WIRELESS CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 13 M TITLE: Resolution of the City Council of the City of National City approving the modification of the AT&T Wireless Facility at El Toyon Park //jj PREPARED BY: George H. Eiser, III 04 DEPARTMENT: City Attorney PHONE: 336-4221 EXPLANATION: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Memorandum • Letter from AT&T • Resolution RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MODIFICATION OF THE AT&T WIRELESS FACILITY AT EL TOYON PARK WHEREAS, AT&T currently has a Lease with the City for the maintenance of a cellular antenna facility at El Toyon Park; and WHEREAS, AT&T has proposed the modification of its facility to upgrade its equipment; and WHEREAS, the Planning Division has reviewed the proposal and visited the site, and has no objections or conditions; and WHEREAS, Paragraph 8 of the Lease provides that the Tenant (AT&T) may update or replace its antenna facilities from time to time with the prior written consent of the Landlord (the City); and WHEREAS, the Engineering Division recommends approval of the proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the proposal of AT&T for the modification of the AT&T wireless facility at El Toyon Park. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate CALIFORNIA NATIONAL CITY C ! ChNCOC RPOHBTED Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, Ill Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: July 26, 2010 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Resolution Approving Proposed Modification of AT&T Antennae Facility at El Toyon Park AT&T currently has a lease with the City for the maintenance of a cellular antennae facility at El Toyon Park. AT&T has proposed the modification of its facility to update its equipment. The Planning Division has reviewed the proposal and visited the site and has no objections or conditions. The proposed modification is governed by Paragraph 8 of the Lease Agreement between the City and AT&T, which provides: Equipment Upgrade. Tenant may update or replace the Antennae Facilities from time to time with the prior written approval of Landlord, which will not be unreasonably withheld, delayed or denied, provided that (1) the replacement facilities are not materially greater in number or size than the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with CUP 1998-4, as approved by National City City Council Resolution 98-109. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. It is recommended that the proposed modification be approved by adoption of the resolution. George H. Eiser, III Legal Counsel GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 (Page 3 of 6) San Diego October 2, 2002 Mr. George Eiser, Esq. City Attorney City of National City 1243 National City Blvd. National City, California 91950 CITY ATTORNEY a AT&T 02 OCT -7 MI: 177=r AT&T Wireless Services, Inc. ,,;E.. t:_ ,�la.0 7480 Convoy Court CI; y OF NATIONAL CITY San Diego, CA 92111 Re: AT&T Wireless Facility, 2005 East Fourth Street Dear Mr. Eiser. Per our dialogue last week, AT&T Wireless would like to install a 2' microwave dish at its communications facility located at El Toyon Park, 2005 E. Fourth Street. 1 have attached a copy of the proposed plan for your consideration. I have also submitted a plan to Mr. Andrew Hoskinson in the City Planning Department for his approval. Please review the plan and let me know what process, amendment or documentation you require to approve this request. The dish will allow AT&T to improve its system by providing redundant interconnectivity. Per my dialogue with Mr. Hoskinson, there appears to be no limitation in the existing use permit to prevent the installation. AT&T will be required to paint the antenna to match the pole. The radio equipment will be installed inside the existing AT&T equipment building. No additional ground space will be required. No other changes are proposed. Once you have had the chance to review the request, please let me know how you would like AT&T to proceed. If a lease amendment is required, we will pursue the necessary changes and obtain the required permits. If no amendment is required, AT&T will obtain permits and schedule an installation date, per the terms of our original agreement. The install of the antenna will not take more than a few hours. Please contact me if you have any question or concerns. Thank you for your assistance. Sincerely, Mark McGarey AT&T Leasing Contractor (602) 432-1736 USA PROUD FATHER V✓✓ Cie Recycled Paper (Page 4 of 6) SD-0329 43rd Street AT&T2005 E. Fourth Street National City, CA 91950 Wireless Proposed anten za mounted to existing mo.ole Photosimulation of proposed telecommunications site VICINITY MAP TNOMAS GLADE PAGE 1200. Al ADDRESS ow we RNR owe" IN1•W0 AN, a sura COORDINATES (MAD SS) IAmuN1 am 11. IId WON IpNIN9 NIT N' ILP VOW AMT WIRELESS SERVICES 43RD STREET 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SD-0329 CONSULTANT TEAM PROJECT MANAGEMENT: R 1f911 NC A10NYL CNN ODO. N INCI oc Mw NMI CNN AS-..Iy D.., ARCNIOIT: YY1uYOWN A MOT SW. •m.mhf • IIwN• Co, OW eff I NW ai+m WO) aural ON) STROCTUPAL CONSULTANT: NAN r. Sofia COW* A 01005al ▪ I NM. 0114400 rM•R M(wN to WIN PAPI NT M u0 10p ELECTRICAL CONSULTANT; 119LNM OW; A WCACLL NW. N• 00 KW Wow/ MN N TIE Novato EMPE A WOO MCCNANICAL CONSULTANT; WOW W r.o® rmrc be WI SURVEYOR: N M IMIORO SOON N W001( PROJECT SUMMARY APPLICANT: Ow 41161211, 7744 DN OPDJ. CA 11111 (W) •11.41C OWNER: IT K WNNL rt R! 1iO WHOM NTT CONR N IwW CT. CATIM PROJECT DESCRIPTION; ••Y110 or we i1�AfMOToT RYA AM/WCRNY NC WSW •WP RDLL CC OW PAPAW. TO COMA COMM. DNlNWNW WNW, WIM IN WV. W WPM WOOL • AM W11 MNWA4P TN CISr A WAY GOWN We INOWN= Of IN AAK NW10 NCR M IW GOWN L9Nrwn I•NL 9O NOWA WAR, • DELM DESCRIPTION: TNT I ADM lar MVTMPNNRIa M NC WW1K IA NNCW DIW Moot RC OM IPN NMTO Aar Or TYIM.•.. OAENIN M R[ NI. WK.. 114. TOO N TIC M. N LC WNW NOOIOOI O r WO TM KW WN•T M WC II. IN OTC RTRGAWT N M NAIMIART 1NC N OCTICR * NO f'.rt rN1.AT A�-IF1M u'f[O=1O Wen. ORN MO NA NOWA MONRN RRWICCCM MAIM P4 PROJECT ADDRESS: IOII WIT RCM TWIT WW14 CMG el UM ASSESSORS PARCEL NUMPEL Nlra-IS EXISTING ZOMING: sC Nonvraos. RI.c xw xMp TOTAL SITE APOAT wo,RTI• AiA PROPOSED PROJECT AREA: Na TYPE Or CONSTRUCTION, R R EAIGTMO OWE. OCCUPANCY: I SHEET SCHEDULE T-i A-1 .m PW INY® PN w • DST =WWI APPLICARI F CODES ILL WM POLL WWI VW PRF1.0.0 AMC/.LOOM OYNMA T00 PWWN NN.101I iO. IOC pIRN wow. PNC 4OM. 1m.C11Nw LM0• NMn Owl. IMP 1PW1 wow. 1WIN000L O0. Cal wt. WININL NANOL •GOO. 1T WWI N OR Mdl N COMIC; TC YOST NTRTM CON N014 IW ACCESSIBILITY DISCLAIMER Tee rnan W•N NNSIMm mew. TN ertemNw NWIOW WOW. OMILCM Of Mw fACIeler WO WOOD. TO WP C01xNTNAN ANMNW. N Pawl 1.o. WWI. NSW •Wwcvm A.CAL[ILMI $E ft 001011C 'I iir(�i�l u111 I ills i I;,i,il' II PREPARED FOR o AT&T ]Iw moral. COORr SAN gM00, CA REM 11 APPROVALS -17 IOW* NR NR .LNPNIW MR qM • ylMµ w1¢ n PROJ[CT MANE 43RD STREET RROJICT NVYR[R SD-0329 ZOOS 4ST EOINIR STREET NATIONAL CITY. CA 91950 SW PEuc N DRARING DATES N/N ANTW SHEET TITLE TULE SHEET a PROJECT DATA .ADACl1\4TNn...\O...NIAAa.uMJ W T-1 SITEr PLAN ausr. Wn N L...Rs,. WryY AR.T a AbPo. retArteRr kK ceNTANLIAN NonF pLnyreobl Pam. s Lwr men. K meas. a rwr KRONE PI, Nam. FWl rr A NARK Sep.., po PORT perm 641.10* AT..wn..A.. Imwl parr. Ar•RARNRAS RJRNAI a,v•• ri, KM1 NVmVL KN1RU RobTC MMp[ EAST ELEVATION EMT ENLARGED SITE PLAN Nr eanwA...r+..ar y.*. •NCNO.C1YI.E II IIRN1NN0 ran, n•••N *No Il'lll� iqi �(.Il f l IP,IjIII I l i"'[ >I�I i IIi 11 VII'�ii I��I N!Ijlllu�lll���l 0[ PREPARED roa AT&T wass:uvav )U10 CONVOY COURT :AN D100. CA fn11 APPROVALS M, 006E Tule ro-auvrrrW O R PROJECT NAME 43RD STREET PROJECT NUMBER SD-0329 :ws CAST MDURIH slatf[ NATIONAL CIRC. CA 91550 SAN DICCO DRAWING DACES P/1/b n Amrw C SNEET )r[E SITE PLAN. ENLARGED SITE PLAN & EAST ELEVATION C ..uCng.n.....MbFnf a te... r.aw A-1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 14 ;M TITLE: Resolution of the City Council of the City of National City approving the modification of the AT&T Wireless Facility at Sweetwater Heights Park PREPARED BY: George H. Eiser, III /911 DEPARTMENT: City Attorney PHONE: 336-4221 EXPLANATION: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Memorandum • Letter from AT&T • Resolution RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MODIFICATION OF THE AT&T WIRELESS FACILITY AT SWEETWATER HEIGHTS PARK WHEREAS, AT&T currently has a Lease with the City for the maintenance of a cellular antenna facility at Sweetwater Heights Park; and WHEREAS, AT&T has proposed the modification of its facility to upgrade its equipment; and WHEREAS, the Planning Division has reviewed the proposal and visited the site, and has no objections or conditions; and WHEREAS, Paragraph 8 of the Lease provides that the Tenant (AT&T) may update or replace its antenna facilities from time to time with the prior written consent of the Landlord (the City); and WHEREAS, the Engineering Division recommends approval of the proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the proposal of AT&T for the modification of the AT&T wireless facility at Sweetwater Heights Park. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate +}- CALIFORNIA �+ NATIONAL ory lam CINCORPORATES Office of the City Attorney TO: Mayor and City Council FROM: George H. Eiser, III, Legal Counsel SUBJECT: Resolution Approving Proposed Modification of AT&T Antennae Facility at Sweetwater Heights Park City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette DATE: July 26, 2010 AT&T currently has a lease with the City for the maintenance of a cellular antennae facility at Sweetwater Heights Park. AT&T has proposed the modification of its facility to update its equipment. The Planning Division has reviewed the proposal and visited the site and has no objections or conditions. The proposed modification is governed by Paragraph 8 of the Lease Agreement between the City and AT&T, which provides: Equipment Upgrade. Tenant may update or replace the Antennae Facilities from time to time with the prior written approval of Landlord, which will not be unreasonably withheld, delayed or denied, provided that (1) the replacement facilities are not materially greater in number or size than the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with CUP 1998-4, as approved by National City City Council Resolution 98-109. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. It is recommended that the proposed modification be approved by adoption of the resolution. George H. Eiser, III Legal Counsel GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 at&t May 21, 2010 City of National City ATTN: Ms. Maryam Babaki Development Services Department 1243 National City Blvd. National City, CA 91950 RE: AT&T Site ID#: SS0030 Site Address: 3859-B Cagle Street, National City CA 91950 Ms. Maryam Babaki: As a courtesy, AT&T would like to inform you of minor site changes that will take place in the next few weeks. Due to the ever -changing pace of technology, periodically equipment needs to be modified and/or replaced. The purpose of the modification is to improve cellular traffic capacity for businesses and residents within the surrounding community. Please accept this correspondence as AT&T's request to modify its site at the above -referenced location. Please indicate your acknowledgement and consent to AT&T site modifications by signing below. We would appreciate your returning the original signed letter to us at your earliest convenience in the enclosed postage pre -paid envelope. If you have any questions, do not hesitate to contact me at (619) 806-0858 Thank you for your assistance in this matter. Sincerely, effcoiame� Goldman Real Estate Manager Technology Associates international Corporation Consultant for AT&T Acknowledgement & Consent: Signature Print Name and Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City amending Resolution No. 2010-137, pursuant to which the City became subject to the provisions of Government Code Section 20903, to extend the time period for purchasing two additional service years for Miscellaneous and Safety employees by an additional 30 days. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED EXPLANATION: es On June 22, 2010, as the result of a projected structural deficit, and in an effort to avoid transfers, demotions and layoffs that would impact greater than one percent (1%) of the workforce, the City Council of the City of National City approved a resolution for the designation of a ninety (90) day period, effective June 23, 2010 for the purchase of two additional service years for miscellaneous and safety employees as authorized under Government Code Section 20903. On July 20, 2010, the City Council directed staff to extend the window period by an additional (thirty) 30 days. Staff hereby requests a resolution to amend the June 22, 2010 resolution by an additional (thirty) 30 days. In doing so, eligible employees must retire within a 120 day period commencing on June 23, 2010. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no additional cost associated with this action. The City Council has authorized up to $1,500,000 through a previous action to fund this program. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-137, PURSUANT TO WHICH THE CITY BECAME SUBJECT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 20903, TO EXTEND THE TIME PERIOD FOR TWO ADDITIONAL YEARS OF SERVICE CREDIT FOR ELIGIBLE MISCELLANEOUS AND SAFETY EMPLOYEES BY AN ADDITIONAL 30 DAYS WHEREAS, as the result of a projected structural deficit, and in an effort to avoid transfers, demotions, and layoffs that would impact greater than one percent of the workforce, the City Council adopted Resolution No. 2010-137 on June 22, 2010, for the designation of a 90 day time period, effective June 23, 2010, for two additional years of service credit for eligible miscellaneous and safety employees, as authorized under Government Code Section 20903; and WHEREAS, on July 20, 2010, the City Council directed staff to extend the time period by an additional 30 days, and in doing so, eligible employees must retire within a 120 day time period commencing on June 23, 2010. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby amends Resolution No. 2010-137, adopted on June 22, 2010, pursuant to which the City became subject to the provisions of Government Code Section 20903, to extend the time period for two additional years of service credit for eligible miscellaneous and safety employees by an additional 30 days. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 1_6 FEM TITLE: Resolution of the City Council of the City of National City amending Rule IV, Section 407 of the Civil Service Rules authorizing the City Manager to Grant Limited Term Career Positions. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED BY EXPLANATION: es On July 8, 2010, the Civil Service Commission of the City of National City voted unanimously to amend Civil Service Rule IV, Section 407.1. The amendment as written will grant the City Manager the latitude to make temporary promotional appointments to positions left vacant as the result of an incumbent's approved long term leave, defined as a period of one (1) or more years. While such absences may be warranted (i.e the incumbent has a serious injury or illness or is called to active duty), the result of such a long term absences can adversely impact departmental operations. As written, the amended rule grants the City Manager and/or his designee the authority to grant a limited term career promotion during the time of the vacancy. At such time as the incumbent is able to return to work, the limited term employee shall demote back to the last regular career position held with the City. This proposed rule change was sent to all three (3) formal labor associations for review prior to Civil Service )mmission review with no opposition noted. FINANCIAL STATEMENT: no fiscal impact ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Current Civil Service Rule IV, Section 407.1 z. Amended Civil Service Rule IV, Section 407.1 - Strike Out Version 3. Amended Civil Service Rule IV, Section 407.1 - Clean Version RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RULE IV, SECTION 407 OF THE CIVIL SERVICE RULES AUTHORIZING THE CITY MANAGER TO GRANT LIMITED TERM CAREER POSITIONS WHEREAS, in order to expand the pool of qualified applicants for employment with the City, the City Council recently created two new entry level classifications; to wit, Accountant Trainee and Management Analyst Trainee, both of which classifications limit the minimum requirements for employment with the City to a four year degree or relevant administrative experience, thus creating professional level employment opportunities within the City for recent college graduates, and those with less than journey -level experience; and WHEREAS, when creating entry-level classifications, it is desirable to establish promotional opportunities for employees as they gain more knowledge, skills, and abilities in their jobs. In order to provide for such promotional opportunities, staff has proposed that Rules I, II, and IV of the Civil Service Rules be amended to establish a Career Advancement Program, under which employees could advance within the series in which they serve without going through a competitive process, once they have demonstrated sufficient proficiency and competence at their current level in their series. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the amendment of Rules I, II, and IV of the Civil Service Rules authorizing the City Manager to grant limited term career positions, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney SECTION 407.1 - TYPES OF INITIAL APPOINTMENTS: The following are the types of appointments for entry into the classified service: A. CAREER APPOINTMENTS: An appointment shall be deemed a classified career appointment, when the position is ongoing and is subject to the conditions of probation, and thereafter subject to removal only by the procedures established by these rules. The categories of career appointments are: 1. Regular/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council as a regular/career, full time position and is expected to continue in successive budget years. 2. Part-Time/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council and is expected to continue in successive budget years, but normally requires Tess than thirty (30) hours of work per week average over the fiscal year. 3. Limited Term/Career Appointment. An appointment to a classification for a specified duration of time and/or under circumstances that are anticipated to be temporary. Employees appointed to these positions, after more than one (1) year of full-time work, shall have the same Civil Service rights afforded to other career employees except permanency under layoff procedures. Limited Term/Career Appointments may be made under the following conditions: a) For positions funded for a specific period, except appointments to fire safety classifications on the operational staff which may not exceed six (6) consecutive months, for a special project, grant, or program where there is a clear understanding in writing that rights to employment are contingent upon availability of funds or continuation of the program. (03/19/98) b) For career positions that have been temporarily vacated as the result of approved long term leave, defined as a period of one (1) year or more, the City Manager at his/her discretion may appoint an eligible candidate to fill the position for a period of time up to the duration of temporary vacancy. Upon the return to duty of the Regular/Career incumbent, the Limited Term/Career employee shall vacant the position. Individuals promoted to Limited Term/Career Appointments shall demote back down to the last classification held in a career status with no automatic or vested right to re-employment at the higher level. If it is determined that the Regular/Career incumbent will not return to duty, the status of the Limited Term/Career incumbent performing at the level of Satisfactory or above shall be amended to Regular/Career without competitive process. EXHIBIT A Attachment 1 Rule IV — Certification And Appointment SECTION 407 — DEPARTMENTAL SELECTION PROCESS: All vacancies in the classified service shall be filled from eligibles certified by the Personnel Director. Upon receipt of a certified list, the department director, or on request, the Personnel Department shall notify each candidate in writing of the date, time, place and method of the selection process. The department director shall be responsible for conducting the selection consistent with merit principles and equal opportunity, shall report the results of the selection process to the Personnel Office. No offer of classified employment or promotion is final or official until such recommended appointment has written approval by the Personnel Director and the City Manager. However, the department director may offer a conditional appointment, subject to additional investigations and final approvals, so as to initiate the process. (11/12/91) SECTION 407.1 - TYPES OF INITIAL APPOINTMENTS: The following are the types of appointments for entry into the classified service: A. CAREER APPOINTMENTS: An appointment shall be deemed a classified career appointment, when the position is ongoing and is subject to the conditions of probation, and thereafter subject to removal only by the procedures established by these rules. The categories of career appointments are: 1. Regular/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council as a regular/career, full time position and is expected to continue in successive budget years. 2. Part-Time/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council and is expected to continue in successive budget years, but normally requires less than thirty (30) hours of work per week average over the fiscal year. 3. Limited Term/Career Appointment. An appointment to a classification which a) has been funded for a specific period, except appointments to fire safety classifications on the operational staff which may not exceed six (6) consecutive months, for a special project, grant, or program where there is a clear understanding in writing that rights to employment are contingent upon availability of funds or continuation of the program. Employees appointed to these positions, after more than one (1) year of full-time work, shall have the same Civil Service rights afforded to other career employees except permanency under layoff procedures, in the event the program, project, or grant is discontinued or reduced. (03/19/98) Attachment 2 SECTION 407.1 - TYPES OF INITIAL APPOINTMENTS: The following are the types of appointments for entry into the classified service: A. CAREER APPOINTMENTS: An appointment shall be deemed a classified career appointment, when the position is ongoing and is subject to the conditions of probation, and thereafter subject to removal only by the procedures established by these rules. The categories of career appointments are: 1. Regular/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council as a regular/career, full time position and is expected to continue in successive budget years. 2. Part-Time/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council and is expected to continue in successive budget years, but normally requires less than thirty (30) hours of work per week average over the fiscal year. 3. Limited Term/Career Appointment. An appointment to a classification for a specified duration of time and/or under circumstances that are anticipated to be temporary. Employees appointed to these positions, after more than one (I) year of full-time work, shall have the same Civil Service rights afforded to other career employees except permanency under layoff procedures. Limited Term/Career Appointments may be made under the following conditions; - a) For positions Funded for a specific period, except appointments to fire safety classifications on the operational staff which may not exceed six (6) consecutive months, for a special project, grant, or program where there is a clear understanding in writing that rights to employment are contingent upon availability of funds or continuation of the program. ,(93/19/98) b) For career positions that have been temporarily vacated as the result of approved long term leave, defined as a peiiod of one (1) year or more, the City Manager at his/her discretion may appoint an eligible candidate to fill the position for a period of time up to the duration of temporary vacancy. Upon the return to duty of the Regular/Career incumbent, the Limited Tenn/Career employee shall vacant the position. Individuals promoted to Limited Term/Career Appointments shall demote back down to the last classification held in a career status with no automatic or vested right to re-employment at the higher level. If it is determined that the Regular/Career incumbent will not return to duty, the status of the Limited TermlCareer incumbent performing at the level of Satisfactory or above shall be amended to Regular/Career without competitive process. Deleted: which J - l Deleted: has been Deleted: Employees appointed to t positions, after more than one (I) yea full-time work, shall have the same C Service rights afforded to other careen employees except permanency under layoff procedures, in the event the program, project, or grant is discontinued or reduced. Attachment 3 SECTION 407.1 - TYPES OF INITIAL APPOINTMENTS: The following are the types of appointments for entry into the classified service: A. CAREER APPOINTMENTS: An appointment shall be deemed a classified career appointment, when the position is ongoing and is subject to the conditions of probation, and thereafter subject to removal only by the procedures established by these rules. The categories of career appointments are: 1. Regular/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council as a regular/career, full time position and is expected to continue in successive budget years. 2. Part-Time/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council and is expected to continue in successive budget years, but normally requires less than thirty (30) hours of work per week average over the fiscal year. 3. Limited Term/Career Appointment. An appointment to a classification for a specified duration of time and/or under circumstances that are anticipated to be temporary. Employees appointed to these positions, after more than one (1) year of full-time work, shall have the same Civil Service rights afforded to other career employees except permanency under layoff procedures. Limited Term/Career Appointments may be made under the following conditions: a) For positions funded for a specific period, except appointments to fire safety classifications on the operational staff which may not exceed six (6) consecutive months, for a special project, grant, or program where there is a clear understanding in writing that rights to employment are contingent upon availability of funds or continuation of the program. (03/19/98) b) For career positions that have been temporarily vacated as the result of approved long term leave, defined as a period of one (1) year or more, the City Manager at his/her discretion may appoint an eligible candidate to fill the position for a period of time up to the duration of temporary vacancy. Upon the return to duty of the Regular/Career incumbent, the Limited Term/Career employee shall vacant the position. Individuals promoted to Limited Term/Career Appointments shall demote back down to the last classification held in a career status with no automatic or vested right to re-employment at the higher level. If it is determined that the Regular/Career incumbent will not return to duty, the status of the Limited Term/Career incumbent performing at the level of Satisfactory or above shall be amended to Regular/Career without competitive process. City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 17 .TEM TITLE: Resolution amending City Council Policy #804 regarding the City's financial support for (and identification of) City sponsored and co -sponsored events. PREPARED BY: Brenda Hodges x4290 DEPARTMENT Community Services The Special Events Committee met 7/13/10 to perform a periodic review of Council Policy #804 regarding City support for special events. For budgetary reasons, the City needs to reduce expenditures. Therefore, the com- mittee recommends reducing the total amount of financial support for various events, by eliminating funding for regional events; and reducing the maximum amount of support for local events. The committee recommends the following changes to the policy: • Page 3, item #2: reduce City support from a maximum of $1500/day to maximum of $1000/day. • Page 3, item #3: change from (501C3) to (501(c)(3)) • Page 3, item #6: change "assigned representative" to "designee" • Attachment 'A', Co -Sponsored Events: * Delete Cinco de Mayo Fair (regional event) * Delete SUHI Graduation since they no longer need the City stage * Delete the Filipino Parade and Fair (regional event) Attachment'B', Sponsored Events: * Delete Parade since we no longer include this in the July 4th Carnival activities * Remove "Pepper Park" from the name of the Summer Concert since the location may change • Notes were added to both attachments to identify when City Info Trailer/Table/Booth will be used Environmental Review N/A Financial Statement These revisions could save an estimated $8221 per year, based on the value of sponsorships and fee waivers granted for special event TUP's in 2009. STAFF RECOMMENDATION Approve the resolution amending City Council Policy #804 regarding to City support for special events. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Resolution No. 1. Proposed Revision for Policy #804 (pg 1-6) 2. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NUMBER 804 ENTITLED " CITY SUPPORT FOR SPECIAL EVENTS" BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 804, entitled "City Support for Special Events" is amended as recommended by the Director of Community Services. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 1 of 6 BACKGROUND: The City Council is concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. The Council also recognizes that special events are a major part of that special lifestyle that defines National City's history and makes our city unique. DEFINITONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades. b. Public concerts and other community cultural events. c. Demonstrations. d. Circuses. e. Fairs and festivals. f. Community or neighborhood block parties and street dances. g. Mass participation sports (marathons, bicycles races and tours). h. Film making activities. i. Public speaker events. 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 2 of 6 City support includes but is not limited to: a. Special Event permit processing. b. Police services. c. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provision of medical care. e. Street closures. f. Use of City Stage, PA equipment and/or Information Trailer City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 3 of 6 POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager upon City Council notification, may provide reasonable City support of up to $1,000 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. Additionally, the City shall absorb police costs associated with said events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up the Information Trailer and/or information booth, per the City Council's discretion. 3. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community - wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a monthly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page4of6 Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in Toss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. 6. The use of El Toyon Park for special events is prohibited. RELATED POLICY REFERENCES: City Council Policy # 704 - Limitation on City Approved Special Events Within the City City Council Policy # 801 — Field and Facility Rules and Regulations City Council Policy # 802 - Use of the City Mobile Stage and Equipment CITY COUNCIL POLICY POLICY TITLE: City Support for Special Events NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 5 of 6 ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS Event Title Non -Profit Organizer Timing Trailer? Chamber Installation Dinner.....NC Chamber of Commerce Feb n/a Granger Jr. High Cultural Fair...Granger Jr. High Spring trailer Miss National City Pageant Miss National City Pageant July n/a July 4th Carnival National City Host Lions Club July booth Taste of National City N.C. Chamber of Commerce May n/a Auto Heritage Days N.C. Chamber of Commerce August trailer Relay for Life American Cancer Society August table Salute to Navy N.C. Chamber of Commerce October table* SUHI Homecoming .Sweetwater High Fall n/a Community Concert Band N.C. Community Concert Band...Quarterly table* Series (up to 4 concerts annually/per event) Christmas in July Clean -Ups Christmas in July Various n/a *unmanned table CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 ATTACHMENT `B' NATIONAL CITY SPONSORED EVENTS Event Title City Department Chili & Salsa Cook -off Library Memorial Day Event Community Services Movies in the Park Community Services Page 6 of 6 Timing Trailer? National Night Out Police, Community Services, FFA Summer Concert Community Services National City's Got Talent State of the City Public Safety Fair Library Mayor's Office Police, Fire, Community Spring trailer May n/a Summer table August table Fall trailer Fall table Fall trailer October trailer Services Tower of Terror Community Services, Fire....October n/a Veteran's Day Memorial Community Services November n/a Tree Lighting @ Morgan Square.....Community Services December n/a CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 18 =M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with The Law Office of Donald W. Detisch to provide legal services in the not to exceed amount of $150,000 PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 p DEPARTMENT: City Attorney APPROVED BY: EXPLANATION: The Engineering Department is currently engaged in the acquisition of street right-of-way and temporary construction easements for the Plaza Boulevard Street Widening Project. Although most of the property interests needed to be acquired are being purchased through negotiated agreements, there is a need to require the remaining parcels through eminent domain. Donald W. Detisch is an attorney who is well -qualified and experienced in eminent domain litigation. He has provided excellent service to the City and the CDC in the past in these matters. The proposed resolution would authorize a legal services agreement between the City and Mr. Detisch to provide legal services related to property acquisition for the Plaza Boulevard Street Widening Project at a not -to -exceed cost of $150,000. FINANCIAL STATEMENT: ACCOUNT NO. Funds are budgeted. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )posed Agreement r.esolution RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LAW OFFICE OF DONALD W. DETISCH FOR AS -NEEDED LEGAL SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 WHEREAS, the City of National City is currently engaged in the acquisition of right-of-way and temporary construction easements for the Plaza Boulevard Street Widening Project ("Project"); and WHEREAS, the City desires to retain the Law Office of Donald W. Detisch to provide legal services relating to the acquisition of the property interests required for this Project through eminent domain proceedings; and WHEREAS, the Law Office of Donald W. Detisch is a qualified and experienced law firm, and has provided high quality legal services to the City and the Community Development Commission on a variety of projects and issues pertaining to eminent domain law and related litigation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the Law Office of Donald W. Detisch to provided as -needed legal services in an amount not to exceed $150,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and TIIE LAW OFFICE OF DONALD W. DETISCH, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The City hereby retains the Firm to assist in representing the City in connection with the Plaza Boulevard Street Widening Project, subject to this Agreement. Article 2. Scope of Services. The City shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services may include filing of complaints in eminent domain; service of process; obtaining orders for immediate possession; discovery; exchanges of appraisal information; making final offers of compensation; discussions/negotiations with counsel for opposing parties; trial; preparing judgments and final orders of condemnation; and all other activities necessary to acquire necessary property interests through eminent domain actions. It is expected that the Firm will work with the City Attorney and City staff. Article 3. follows: Compensation. Compensation paid under this Agreement shall be as Partner: Senior Associate: Associate: Paralegal/Legal Assistant: $175.00 per hour per hour per hour per hour A. The Firm shall not use more than one attorney for the same specific task without the City's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the City. B. The Finn agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the City Attorney and the Fiiin. The City shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The City has appropriated or otherwise duly authorized the payment of an amount not to exceed $150,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the City. 1 D. The Firm shall keep the City advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the City for travel time; however, the Firm may charge for work performed for the City during any travel time. E. The City further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the City with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the City has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the City will consider reimbursement on a case -by -case basis. The City will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the City's prior consent. The City expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the City will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the City's payment process, the City will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the Firm should be submitted to George II. Eiser, III, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the City in support of bills rendered by the Firm. G. The Firm agrees to forward to the City a statement of account for each one -month period of services under this Agreement, and the City agrees to compensate the Firm on this basis. The Firm will consult monthly with the City as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be referenced ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) The City does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the City will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the City pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions; investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the City's payment process, the City will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a City decision, and the City's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. 3 (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the City must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The City will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the City must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the City. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the City. All such work product shall be confidential and not released to any third party without the prior written consent of the City. Article 6. Compliance with Controlling Law. The Finn shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the City or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Firm and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the City or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the City and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing 4 the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the City. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than million dollars ($000,000) per claim. - fl D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the City and its elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the City and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the City; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the City by certified mail. Before this Agreement shall take effect, the Firm shall furnish the City with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City's Drug - Free Workplace requirements. Every person awarded a contract by the City for the provision of services shall certify to the City that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Firm will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for 5 training, including apprenticeship. The Firm 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. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the Firm and City and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the City Attorney. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The City shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to he given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: Claudia G. Silva, Esq. City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Maryam Babaki Development Services Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice to the Firm shall be addressed to: Donald W. Detisch, Esq. Law Offices of Donald W. Detisch 1010 Second Avenue, Suite 1810 San Diego, CA 92101 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. 6 A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the City and the Firm. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the City to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City. This prohibition shall not preclude the City from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. --- Signature Page to Follow --- IN WITNESS WHEREOF, the parties have executed this Agreement on the 3rd day of August, 2010. CITY OF NATIONAL CITY DONALD W. DETISCH By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney By ey at Law , Esq. 8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO, 119 EM TITLE: Warrant Register #52 for the period of 06/23/10 through 06/29/10 in the amount of $1,664,238.70 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/23/10 through 06/29/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check City of Chula Vista 236989 Armstrong 237007 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Amount 183,881.12 221,375.44 FINAL ADOPTION: APPROVED: APPROVED: Explanation Animal Shelter Costs For FY 2010 Construction for Marina a Finance MIS STAFF RECOMMENDATION: FRatification of warrants in the amount of $1,664,238.70 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #52 PAYEE BETTER LIFE MOBILITY CITY OF NATIONAL CITY G.A. DOMINGUEZ LASER SAVER INC PRO BUILD PRUDENTIAL OVERALL SUPPLY STRATACOM VISTA PAINT ABCANA INDUSTRIES AT&T/MCI BAHJAT S JABRO BONSUISSE INC BRENNTAG PACIFIC INC BUSTAMANTE & ASSOC CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CCHMC CDWG ^,ITY OF CHULA VISTA :OUNTY OF SAN DIEGO J MAX ENGINEERING INC DEAN'S WESTCOAST RADIATOR DREW FORD ESGIL CORPORATION FASTENAL FAT PIPE NETWORKS FERGUSON ENTERPRISES INC FLEET SERVICES INC GEORGE H WATERS GRAINGER GREEN MECHANICAL CONTRACTORS HAMILTON MEATS & PROVISIONS HD SUPPLY PLUMBING HOME DEPOT/GECF HONEYWELL INTERNATIONAL INC IMAGING PRODUCTS KOCH ARMSTRONG KRISTEN LYNCH LASER SAVER INC LAVI INDUSTRIES LEXIS-NEXIS MASON'S SAW & NAPA AUTO PARTS ELLANS INYO & MOORE OCE' NORTH AMERICA PACIFIC AUTO REPAIR PASCUA MILTON PCS MOBILE WARRANT REGISTER # 52 6/29/2010 DESCRIPTION PARTS TO REPAIR DAMAGE PETTY CASH MAY 2010 FINAL PAYMENT MOP# 45725. INK CARTRIDGE MOP# 45707. PAINTING SUPPLIES. MOP# 45742. LAUNDRY SERVICE MOP# 63845. BUSINESS CARDS MOP# 68834. PAINT MUNICIPAL POOL CHEMICALS TELECOMMUNICATIONS SERVICE FOR NC REFUND DEPOSIT#1361 16TH ST MILK/DAIRY DELIVERY FOR NUTRITION MUNICIPAL POOL CHEMICALS CONSULTING SERVICES FOR MAY 2010 MOP 45698 ELECTRICAL MATERIAL MOP 47557 AUTO PARTS CCHMC REGISTRATION INV: STF7592. DRIVES ANIMAL SHELTER COSTS FOR FY 2010 HAZARDOUS MATERIALS PERMIT DEPOSIT#1366 GOLF COURSE LABOR TO REPAIR RADIATOR MOP 49078 AUTO PARTS PLAN CHECKING SERVICES OF BUILDING COMBINATION CABINET FATPIPE ANNUAL SUPPORT GOLD SRVC MOP 45723 SEWER MATERIAL MOP 67804 AUTO PARTS TINY TOTS GRADUATION COST MOP65179 SMALL TOOLS HVAC REPAIRS MEAT DELIVERY FOR NUTRITION CNTR PLUMBING MATERIAL MISC ITEMS & HAND TOOLS MECHANICAL H.V.A.C. CAMERA FOR FIRE DEPARTMENT CONSTRUCTION FOR MARINA GATEWAY REFUND MADE ON OVERPAYMENT MOP# 45725_ INK CARTRIDGE BASIC RETRACTABLE POST RAILINGS 2010 PENAL CODE BOOK, 2010 EDITION MOP 45729 MATERIALS & SUPPLIES MOP 45735 SMALL TOOLS VINYL FLOORING MARINA GATEWAY STREETSCAPE OCE PLOTWAVE 300 2 ROLL NETWORKED SMOG CERTIFICATION REFUND DUPLICATE PAYMENT PANASONIC CF31 TOUGHBOOK LAPTOPS 1/2 CHK NO DATE AMOUNT 236971 6/23/10 1,276.42 236972 6/29/10 852.59 236973 6/29/10 6,552.68 236974 6/29/10 217.20 236975 6/29/10 239.76 236976 6/29/10 66.70 236977 6/29/10 70.24 236978 6/29/10 453.20 236979 6/29/10 183.21 236980 6/29/10 6,299.84 236981 6/29/10 300.00 236982 6/29/10 394.22 236983 6/29/10 1,495.02 236984 6/29/10 6,460.63 236985 6/29/10 201.44 236986 6/29/10 278.35 236987 6/29/10 750.00 236988 6/29/10 1,732.32 236989 6/29/10 183,881.12 236990 6/29/10 733.00 236991 6/29/10 497.50 236992 6/29/10 65.00 236993 6/29/10 193.63 236994 6/29/10 11,985.62 236995 6/29/10 1,843.34 236996 6/29/10 1,760.00 236997 6/29/10 494.31 236998 6/29/10 426.58 236999 6/29/10 75.00 237000 6/29/10 1,462.67 237001 6/29/10 580.80 237002 6/29/10 780.59 237003 6/29/10 708.10 237004 6/29/10 289.19 237005 6/29/10 1,451.00 237006 6/29/10 2,054.52 237007 6/29/10 221,375.44 237008 6/29/10 50.00 237009 6/29/10 202.93 237010 6/29/10 373.73 237011 6/29/10 486.61 237012 6/29/10 385.22 237013 6/29/10 691.54 237014 6/29/10 992.00 237015 6/29/10 1,124.50 237016 6/29/10 18,825.54 237017 6/29/10 313.67 237018 6/29/10 60.00 237019 6/29/10 13,402.01 PAYEE PRO BUILD PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PROJECT PARTNERS INC PRUDENTIAL OVERALL SUPPLY R.J. SAFETY SUPPLY RAOZ GENERAL ENGINEERING RED WING SHOES REGIONAL TRAINING CENTER RUSS' BEE REMOVAL SAN DIEGO MEDICAL SERVICES SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POLICE EQUIPMENT SAN DIEGO SPEEDO TACH, INC. SAV-MART PHARMACEUTICALS SCANNING SERVICE CORPORATION SD FIREFIGHTERS REGIONAL SDG&E SMART & FINAL SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY SYSCO SAN DIEGO T W MOBILE ENGINEERING TOM MOYNAHAN TORREY PINE BANK TURF MAKER VALLEY INDUSTRIAL SPECIALTIES WADE & ASSOCIATES WESTFLEX INDUSTRIAL YOUNG ACEVES SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 13 6/1/2010 Special Payroll 2/2 WARRANT REGISTER # 52 6/29/2010 DESCRIPTION CHK NO DATE AMOUNT MOP 45707 MATERIALS & SUPPLIES 237020 6/29/10 1,870.61 KNIFE SHARPENING FOR NUTRITION 237021 6/29/10 46.00 CASHIER CENTRAL SOFTWARE MAINT 237022 6/29/10 20,454.13 TRAFFIC MONITORING 237023 6/29/10 5,307.00 MOP 45742 LAUNDRY SERVICE 237024 6/29/10 479.51 18" ORANGE TRAFFIC CONES 237025 6/29/10 777.02 REFUND DEPOSIT#1379 237026 6/29/10 500.00 SAFETY BOOTS 237027 6/29/10 118.52 ABUSE INVESTIGATION COURSE 237028 6/29/10 324.00 BEE REMOVAL 237029 6/29/10 2,700.00 REGISTRATION FOR CHIEF MINER 237030 6/29/10 350.0D CURRENT ISSUES FOR ADV OFFCRS 237031 6/29/10 78.00 CURRENT ISSUES FOR ADV OFFCRS 237032 6/29/10 65.00 MARKING CARTRIDGE 237033 6/29/10 860.57 FUEL LEVEL SENDER 237034 6/29/10 80.94 MID7. X10 MIDAZOLAM 10MG/2ML 237035 6/29/10 126.46 SCANNING 237036 6/29/10 3,075.00 CITY PORTION / WELLNESS EVALUATIONS 237037 6/29/10 8,503.00 FACILITIES GAS & ELECTRIC 237038 6/29/10 22,487.01 MOP#45756. SUPPLIES 237039 6/29/10 197.9 MOP 45758 GAS 237040 6/29/10 136.8 MOP# 45704. OFFICE SUPPLIES 237041 6/29/10 332.78 OFFICER'S NOTEBOOKS 237042 6/29/10 5,407.44 FACILITIES DIVISION WATER 237043 6/29/10 31,023.90 FOOD FOR NUTRITION CENTER 237044 6/29/10 2,546.71 MOTOROLA RADIOS AND INSTALLATIONS 237045 6/29/10 2,111.64 MOP 45734 R&M AUTO EQUIPMENT 237046 6/29/10 160.00 MARINA GATEWAY RETENTION 237047 6/29/10 24,597.27 13 - 5'8 PALMS 237048 6/29/10 351.20 MOP 46453 BUILDING MATERIALS 237049 6/29/10 86.10 BAY MARINA GATEWAY 237050 6/29/10 13,722.00 MOP 63850 MATERIALS & SUPPLIES 237051 6/29/10 729.27 SHERMAN BLOCK LEAD I COURSE 237052 6/29/10 419.58 PAYCHECK RETURNED/ACCT CLOSED 237053 6/29/10 161.69 Start Date End Date 6/23/2010 6/29/2010 End Date 6/14/2010 Check Date 6/23/2010 6/24/2010 A/P Total 645,576.12 13,734.35 999,240.25 5,687.9 GRAND TOTAL $ 1,664,238.70 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. ?O M TITLE: M/arrant Register # 1 for the period of 06/30/10 through 07/06/10 in the amount of $2,237,072.16 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/30/10 through 07/06/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Health Net Kaiser Foundation Public Emp Ret System Sandpipa idpipa FINANCIAL STATEMENT: ACCOUNT NO. 1N/A ENVIRONMENTAL REVIEW: 237125 237141 237180 237194 237195 N/A ORDINANCE: INTRODUCTION: Amount 68,147.94 144,237.75 272,937.27 731,173.00 67,719.00 FINAL ADOPTION: APPROVED: APPROVED: Explanation Health Insurance July 2010 Health Insurance July 2010 PPE 6-10-04 Excess Liability Insurance Property Insurance Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,237,072.161, BOARD / COMMISSION RECOMMENDATION: IN/A! ATTACHMENTS: rant Register # 1 PAYEE CHRISTENSEN & SPATH LLP DESROCHERS EDCO DISPOSAL CORPORATION GE CAPITAL GEOSYNTEC CONSULTANTS NORDBY BIOLOGICAL CONSULTING PROJECT DESIGN CONSULTANTS PRUDENTIAL OVERALL SUPPLY SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY TIERRA WEST ADVISORS INC VERONICA TAM & ASSOCIATES ABCANA INDUSTRIES ACEDO ADAMSON POLICE PRODUCTS A I RGAS-WEST LEXANDER'S LEGAL SEMINARS ..LFREDO FARIAS ALL FRESH PRODUCTS ALLEN AMERICAN BACKFLOW SPECIALTIES AMERICAN ROTARY BROOM ART D NIELSEN PAINTING INC AUSTIN DOORS AWARD MASTER INC BARRETT ENGINEERED PUMPS INC. BEARD BEIJING ROYAL BUFFET INC BONSUISSE INC BOOT WORLD BOYD BRENNTAG PACIFIC INC CAPF CA STATE UNIV LONG BEACH CALBO CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIXTO CARDOZO ITY OF SAN DIEGO OLORALL TECHNOLOGIES CONDON CPL CABLE PIPE & LEAK DETECT DALEY & HEFT LLP DATA TICKET INC WARRANT REGISTER # 1 7/6/2010 DESCRIPTION AGREEMENT FOR LEGAL SERVICES RETIREE HEALTH BENEF JUL 2010 WASTE DISPOSAL FOR CDC INSTALLMENT FOR COPIER RENTAL ENVIRONMENTAL CONSULTING ATTEND AGENCY MEETING CONSULTATION SERVICES MOP 45707 LAUNDRY SERVICES GAS AND ELECTRIC UTILITIES MOP 45704 OFFICE SUPPLIES WATER UTILITES FOR CDC PROFESSIONAL SERVICES CONSULTANT AGREEMENT MUNICIPAL POOL CHEMICALS RETIREE HEALTH BENEF JUL 2010 BALLISTIC VESTS AND COVERS MOP 45714 WEARING APPAREL SD CIVIL LITIGATION MANUAL REFUND DEPOSIT#1381 2704 K AVE FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEF JUL 2010 BACKFLOWS, PARTS & CAGES MOP 62683 SWEEPER PARTS CITY-WIDE PAINTING DOOR REPAIRS, REPLACEMENTS CROWNS PUMP MAINTENANCE 125 PLAN REIMBURSEMENT REFUND OF C&D COSTS MILK/DAIRY DELIVERY FOR NUTRITION MOP 64096 WEARING APPAREL RETIREE HEALTH BENEF JUL 2010 MUNICIPAL POOL CHEMICALS FIRE/LTD JULY 2010 FIELD EVIDENCE TECH COURSE REG CA FIRE SPRINKLER CLASS ELECTRONIC DOOR REPAIRS MOP 45698 ELECTRICAL MATERIAL PD/LTD JULY 2010 EDUC REIMB - CRIME AT NAT UNIV REFUND DEPOSIT#1388 1038 E 8 ST SEWER TRANSPORTATION REPAIR & REFINISH FOR V# 464 RETIREE HEALTH BENEF JUL 2010 HELIUM TANK LIABILITY CLAIM COSTS PARKING CITATION PROCESSING 1/4 CHK NO DATE AMOUNT 237054 7/6/10 550.00 237055 7/6/10 110.00 237056 7/6/10 104.75 237057 7/6/10 210.43 237058 7/6/10 1,094.60 237059 7/6/10 257.00 237060 7/6/10 48,038.37 237061 7/6/10 53.36 237062 7/6/10 225.11 237063 7/6/10 71.75 237064 7/6/10 87.08 237065 7/6/10 12,095.00 237066 7/6/10 343.97 237067 7/6/10 209.38 237068 7/6/10 160.00 237069 7/6/10 2,269.34 237070 7/6/10 71.58 237071 7/6/10 20.93 237072 7/6/10 100.00 237073 7/6/10 2,293.85 237074 7/6/10 125.00 237075 7/6/10 4,097.48 237076 7/6/10 455.02 237077 7/6/10 850.00 237078 7/6/10 1,976.40 237079 7/6/10 232.72 237080 7/6/10 4,244.87 237081 7/6/10 155.42 237082 7/6/10 910.00 237083 7/6/10 311.90 237084 7/6/10 225.08 237085 7/6/10 145.00 237086 7/6/10 1,136.17 237087 7/6/10 656.00 237088 7/6/10 669.00 237089 7/6/10 100.00 237090 7/6/10 2,691.26 237091 7/6/10 49.23 237092 7/6/10 1,774.50 237093 7/6/10 684.46 237094 7/6/10 100.00 237095 7/6/10 660.38 237096 7/6/10 350.00 237097 7/6/10 280.00 237098 7/6/10 440.00 237099 7/6/10 414.62 237100 7/6/10 2,381.13 PAYEE DEFRATIS DELTA DENTAL (PMI) DELTA DENTAL (PMI) DELTACARE (PMI) DEPARTMENT OF JUSTICE DEPARTMENT OF MOTOR VEHICLES DICERCHIO DISCOUNT SPECIALTY CHEMICALS DOUCETTE DREDGE DTSC EW TRUCK & EQUIPMENT CO. INC. EWERT, PHILLIP FLINT TRADING, INC. FRANCISCO ANZAR GALINDO ROJAS GEORGE H WATERS GORMSEN APPLIANCE CO GRAINGER GREEN MECHANICAL CONTRACTORS GREGG GW SCHOOL SUPPLY HANSON HD SUPPLY PLUMBING HEALTH NET HEALTH NET HEALTH NET HINDERLITER DE LLAMAS & ASSOC HOLLIS III HOLLOWAY HUNTER'S NURSERY INC. IKON OFFICE SOLUTIONS INTL HISPANIC NETWORK BUS INTEGRATED BIOMETRIC INTERNAT'L TRAINING RESOURCE JAMES PUBLISHING JAMES JESTONI BAR & RESTAURANT JOSSE JUDD ELECTRIC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE KOLANDA LASER SAVER INC WARRANT REGISTER # 1 7/6/2010 DESCRIPTION RETIREE HEALTH BENEF JUL 2010 DENTAL INS JULY 2010 COBRA DENTAL INS JULY 2010 DENTAL INS PMI JULY 2010 NEW EMP FINGERPRINT JUN 2010 2010 CA VEHICLE CODE BOOKS RETIREE HEALTH BENEF JUL 2010 DYMON SCRUBBS INDUSTRIAL WIPES 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEF JUL 2010 EPA COST; EPA #CAL000265249 LABOR & ENGINE DIAGNOSE V# 236 RETIREE HEALTH BENEF JUL 2010 STREET SIGNS REFUND DEPOSIT#1382 HIGHLAND 125 PLAN REIMBURSEMENT PROMOTIONAL ACTIVITIES APPLIANCE PURCHASES MOP 65179 MATERIALS & SUPPLIES HVAC REPAIRS REFUND BL OVERPAYMENT ARTS AND CRAFT SUPPLIES RETIREE HEALTH BENEF JUL 2010 PLUMBING MATERIAL HEALTH INS H0067A JULY 2010 HEALTH INS JULY 2010 57135J HEALTH -FULL NETWORK 57135A AUDIT SVCS - TRANSACTIONS TAX RETIREE HEALTH BENEF JUL 2010 RETIREE HEALTH BENEF JUL 2010 MOP 45719 HORTICULTURE ITEMS COPIER MAINTENANCE 2010 ANNUAL MEMBERSHIP RENEW NEW EMP FINGERPRINT MAY 2010 TACTICAL DISPATCHER COURSE GUERRILLA DISCOVERY - REVISION RETIREE HEALTH BENEF JUL 2010 REFUND BLDG PERMIT COSTS 125 PLAN REIMBURSEMENT ELECTRICAL REPAIRS KAISER INS ACTIVE JULY 2010 KAISER RETIREE INS JULY 2010 KAISER RET INS JULY 2010 KAISER RET INS - COBRA MAY 2010 RETIREE HEALTH BENEF JUL 2010 RETIREE HEALTH BENEF JUL 2010 MOP# 45725. INK CARTRIDGES 2/4 CHK NO DATE AMOUNT 237101 7/6/10 120.00 237102 7/6/10 14,021.64 237103 7/6/10 365.29 237104 7/6/10 3,475.33 237105 7/6/10 192.00 237106 7/6/10 4.65 237107 7/6/10E 70.00 237108 7/6/10 450.00 237109 7/6/10 593.72 237110 7/6/10 250.00 237111 7/6/10 207.50 237112 7/6/10 1,074.00 237113 7/6/10 160.00 237114 7/6/10 1,500.00 237115 7/6/10 5,000.00 237116 7/6/10 75.28 237117 7/6/10 71 ,^ 237118 7/6/10 670 237119 7/6/10 80014.. 237120 7/6/10 4,419.20 237121 7/6/10 60.00 237122 7/6/10 406.91 237123 7/6/10 135.00 237124 7/6/10 960.13 237125 7/6/10 68,147.94 237126 7/6/10 1,192.62 237127 7/6/10 9,266.79 237128 7/6/10 3,889.56 237129 7/6/10 185.00 237130 7/6/10 150.00 237131 7/6/10 326.25 237132 7/6/10 2,880.37 237133 7/6/10 50.00 237134 7/6/10 10.00 237135 7/6/10 585.00 237136 7/6/10 84.14 237137 7/6/10 140.00 237138 7/6/10 931.67 237139 7/6/10 794.71 237140 7/6/10 1,000.00 237141 7/6/10 144, 237.75 237142 7/6/10 20,651 237143 7/6/10 7,59', 237144 7/6/10 777.21 237145 7/6/10 300.00 237146 7/6/10 135.00 237147 7/6/10 1,312.80 PAYEE LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LOPEZ MACIAS MAINTEX INC MANUEL GODINEZ MARTINEZ MASON'S SAW & MATIENZO MCCABE MELCHER MEYERS/NAVE LAW CORP MICHAEL P DURKEE MURRAY MYERS C CHAMBER OF COMMERCE ELLANS NEXT DAY PRINTED TEES NEXUS IS INC NOSAL WILLIAM A ONE STOP PARTS SOURCE OSCAR PONCE PAUU PBS&J PCS MOBILE POST POTTER POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PROVIDEA CONFERENCING, LLC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUALA-TEL ENTERPRISES RADISSON HOTEL-SACRAMENTO RAY RED WING SHOES RELIANCE STANDARD RODRIGUEZ ROE ROUNDS UFINO S VERA UIZ SAFEWAY SIGN CO. SAN DIEGO BMW MOTORCYCLES SANCHEZ SANDPIPA WARRANT REGISTER # 1 7/6/2010 DESCRIPTION LEAGUE OF CA CITIES CONF REG LEAGUE OF CA CITIES CONE REG LEAGUE OF CA CITIES CONF REG TRANSLATION SERVICES FOR FY 09/10. FIELD EVIDENCE TECH COURSE JANITORIAL SUPPLIES REFUND DEPOSIT#1384 1831 0 AVE MILAGE REIMBURSEMENT 25R SAW CHAIN RETIREE HEALTH BENEF JUL 2010 RETIREE HEALTH BENEF JUL 2010 TACTICAL DISPATCHER COURSE 2009 MOU REGOTIATIONS ADVISE SUBDIVISION MAP ACT SEMINAR RETIREE HEALTH BENEF JUL 2010 RETIREE HEALTH BENEF JUL 2010 CITY ENHANCEMENT JUNE 2010 CARPET, VINYL FLOORING T-SHIRTS FOR COMMUNITY SVCS NEXUS QUARTERLY PHONE SYSTEM RETIREMENT SETTLEMENT JUL 2010 BLACK LABEL-PAI REFUND DEPOSIT#1387 1839 O AVE RETIREE HEALTH BENEF JUL 2010 WASTEWATER CONSULTANT SVCS LAPTOPS FOR POLICE DEP. RETIREE HEALTH BENEF JUL 2010 RETIREE HEALTH BENEF JUL 2010 MOP 67839 AUTO PARTS KNIFE SHARPENING SVCS / NUTRITION SERVICE FROM 6/30/2010 - 12/31/2010, MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 6-10-4 REPAIR FIRETRUCK #34. 21 ST ANNUAL CONT CHALLENGE RETIREE HEALTH BENEF JUL 2010 SAFETY BOOTS VTL JULY 2010 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT REFUND DEPOSIT#1310 LEONARD AVE RETIREE HEALTH BENEF JUL 2010 STREET SIGNS R&M CITY VEHICLES 125 PLAN REIMBURSEMENT EXCESS LIAB. INS. 07/01/10 - 7/01/11 3/4 CHK NO DATE AMOUNT 237148 7/6/10 500.00 237149 7/6/10 250.00 237150 7/6/10 250.00 237151 7/6/10 140.00 237152 7/6/10 1,335.68 237153 7/6/10 1,761.65 237154 7/6/10 100.00 237155 7/6/10 203.72 237156 7/6/10 626.24 237157 7/6/10 100.00 237158 7/6/10 280.00 237159 7/6/10 852.96 237160 7/6/10 197.29 237161 7/6/10 195.00 237162 7/6/10 150.00 237163 7/6/10 140.00 237164 7/6/10 3,750.00 237165 7/6/10 3,889.46 237166 7/6/10 695.48 237167 7/6/10 14,297.06 237168 7/6/10 1,098.64 237169 7/6/10 105.36 237170 7/6/10 100.00 237171 7/6/10 340.00 237172 7/6/10 4,218.18 237173 7/6/10 17,514.65 237174 7/6/10 280.00 237175 7/6/10 150.00 237176 7/6/10 442.24 237177 7/6/10 46.00 237178 7/6/10 700.00 237179 7/6/10 294.19 237180 7/6/10 272,937.27 237181 7/6/10 425.00 237182 7/6/10 426.12 237183 7/6/10 190.00 237184 7/6/10 125.00 237185 7/6/10 2,653.77 237186 7/6/10 705.69 237187 7/6/10 1,180.00 237188 7/6/10 377.51 237189 7/6/10 200.00 237190 7/6/10 310.00 237191 7/6/10 5,531.40 237192 7/6/10 1,083.36 237193 7/6/10 92.00 237194 7/6/10 731,173.00 PAYEE SANDPIPA SCHOOL SPECIALTY INC SDCTOA SDG&E SECRETARY OF STATE SHORT, CRAIG SLETTENGREN SMART & FINAL SPECTRUM PRODUCTS, LLC STAPLES ADVANTAGE STARTECH COMPUTERS T'S & SIGNS TELLEZ THE LINCOLN NATIONAL LIFE INS TOM MOYNAHAN TURF STAR U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS UNION BANK OF CA PARS#67460224 VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WILLIAMS WOOD & WOOD Z.A.P. MANUFACTURING, INC ZIETLOW, DAVID SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 1 7/6/2010 DESCRIPTION PROPERTY INSURANCE, 7/1/10-7/1/11 FLEECE BEAN BAGS 2010 SD COUNTY WILDLAND DRILL FACILITIES DIVISION GAS & ELECTRIC ELECTRONIC FILING OF FORM 635 RETIREE HEALTH BENEF JUL 2010 PAID FOR AIRGAS INVOICES MOP#45756. JANITORIAL SUPPLIES TRAVELER LINAK TO WARNER V2 OFFICE SUPPLIES MOP 61744 COMPUTER SUPPLIES MISS NC SASHES 125 PLAN REIMBURSEMENT LIFE & AD&D STD LTD JULY 2010 MOP 45734 TOW SERVICE PULLEY AND WHEEL CREDIT CARD EXPENSE / CM DEPT MEDICAL SERVICES TO REPLACE CHECK#111125 MOP 46453 BUILDING MATERIAL MOP 68834 PAINTING MATERIAL ORGANIZED & WHITE COLLAR CRIME LIABILITY CLAIM COSTS STREET SIGNS RETIREE HEALTH BENEF JUL 2010 Start Date End Date 6/30/2010 7/6/2010 4/4 CHK NO DATE AMOUNT 237195 7/6/10 67,719.00 237196 7/6/10 68.97 237197 7/6/10 130.00 237198 7/6/10 12,656.23 237199 7/6/10 250.00 237200 7/6/10 300.00 237201 7/6/10 48.59 237202 7/6/10 199.22 237203 7/6/10 1,315.45 237204 7/6/10 1,919.58 237205 7/6/10 478.48 237206 7/6/10 153.34 237207 7/6/10 224.98 237208 7/6/10 9,662.01 237209 7/6/10 135.00 237210 7/6/10 213.65 237211 7/6/10 415.32 237212 7/6/10 55' 237213 7/6/10 500.`• 237214 7/6/10 143.20 237215 7/6/10 491.84 237216 7/6/10 664.51 237217 7/6/10 6,522.00 237218 7/6/10 3,228.97 237219 7/6/10 150.00 A/P Total 1,574,293.08 662,779.08 GRAND TOTAL $ 2,237,072.16 Warrant Register # 1 7/6/2010 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 253 RECREATIONAL ACTIVITIES FUND 282 REIMBURSABLE GRANTS CITYWIDE 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 212 PERSONNEL COMPENSATION FUND 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 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 557,325.95 457.35 3,228.97 3,442.64 5,359.59 203.72 48,038.37 2,700.34 475.88 426.12 18,214.65 5,843.64 662,850.83 343.97 13,980.33 807.00 43,917.98 805,828.62 3,154.69 1,446.75 14,297.06 4,029.46 3,766.01 30,422.24 5,600.00 910 2,237,072.16 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. ?1 EM TITLE: Warrant Register # 2 for the period of 07/07/10 through 07/13/10 in the amount of $1,340,716.55 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/07/10 through 07/13/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Mile of Cars Association 237268 77,370.94 FY 2010 Apportionment 7-13 FINANCIAL STATEMENT: ACCOUNT NO. 1 N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,340,716.55 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register # 2 PAYEE ACE UNIFORMS & ACCESSORIES,INC ADAMSON POLICE PRODUCTS ALL FRESH PRODUCTS ALL THE KINGS FLAGS ARCO GASPRO PLUS ASSOCIATION OF PUBLIC TREASURE AT&T MOBILITY AT&T/MCI BONITA PET HOSPITAL BONSUISSE INC BUSTAMANTE & ASSOC CAL EXPRESS CALIFORNIA HIGHWAY ADOPTION CO CEB CHEVRON & TEXACO BUSINESS CARD CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT r'ITY OF CARLSBAD fY OF CHULA VISTA fY OF SAN DIEGO CONAN CONSTRUCTION INC CONSTRUCTION ELECTRONICS INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DAY WIRELESS SYSTEMS DIVISION 8 INCORPORATED EMERGENCY EQPT. ENGINEERING EXPERIAN FINANCIAL INDEMNITY COMPANY FIRE ETC FRANK TOYOTA GORMSEN APPLIANCE CO GRANICUS INC GTC SYSTEMS INC HD SUPPLY PLUMBING HERITAGE ARCHITECTURE & HONEYWELL INTERNATIONAL INC HORIZON HEALTH EAP ICMA MEMBERSHIP RENEWALS INDEPENDENT FORENSIC SERVICES KIWANIS CLUB OF NATIONAL CITY LOPEZ )PEZ )PEZ LOPEZ MAINTEX INC MAN K-9 INC. WARRANT REGISTER # 2 7/13/2010 DESCRIPTION SPIEWAK CLASSIC POLICE JACKETS PROTECTORS FOOD FOR NUTRITION CENTER PURCHASE FLAGS AS NEEDED FUEL FOR CITY FLEET AS NEEDED FOR YEARLY MEMBERSHIP ATT SECURE WIRELESS CIRCUIT / PD TELECOMMUNICATIONS SRVC FOR NC EMERGENCY ANIMAL CARE DAIRY DELIVERY FOR NUTRITION CONSULTING SERVICES - JUNE 2010. ATTORNEY SERVICE PARADISE CREEK LITTER REMOVAL CA MUNICIPAL LAW HANDBOOK MOP 45699 GAS CHILD ABUSE EXAMS DOCUMENT MANAGEMENT - JUNE PUBLIC SAFETY DISPATCHER TEST ANIMAL SHELTER COSTS FOR JUNE 10 TRAINING: CODE FUNDAMENTALS REMODEL PW AND CITY HALL LR SECURITY/FIRE ALARM MAINTENANCE LAFCO SHARED COSTS FOR FY10-11 REGIONAL COMMUNICATIONS LABOR TO INSTALL 2 MODEMS ANT WINDOW REPLACEMENT & INSTALL EQUIPMENT FOR SWORN/RESERVE CREDIT CHECKS FOR PD EMPLOYEES PROPERTY INSURANCE RESCUE TOOLS AND EQUIPMENT FOUR, 2009 TOYOTA PRIUS HYBRID APPLIANCE PURCHASES GRANICUS WEBCAST/LIVECAST NETWORK ENGINEERING HOURS OVER COUNTER PLUMBING MATERIAL PROFESSIONAL SVCS - MAY 2010 CITY-WIDE MECHANICAL H.V.A.C. EMP ASST PROGRAM - JUL 2010 ICMA MEMBERSHIP SART EXAMS FOR FY 2010 KIWANIS CLUB MEALS TRANSLATION -MAY WORKSHOPS GPU TRANSLATION SVCS FOR 05/11/10 TRANSLATION SERVICES FOR FY 09/10 PARADISE CREEK - 04/13/10 MISCELLANEOUS JANITORIAL SUPPLIES MAINTENANCE TRAINING / POLICE K-9 CHK NO DATE 237220 7/13/10 237221 7/13/10 237222 7/13/10 237223 7/13/10 237224 7/13/10 237225 7/13/10 237226 7/13/10 237227 7/13/10 237228 7/13/10 237229 7/13/10 237230 7/13/10 237231 7/13/10 237232 7/13/10 237233 7/13/10 237234 7/13/10 237235 7/13/10 237236 7/13/10 237237 7/13/10 237238 7/13/10 237239 7/13/10 237240 7/13/10 237241 7/13/10 237242 7/13/10 237243 7/13/10 237244 7/13/10 237245 7/13/10 237246 7/13/10 237247 7/13/10 237248 7/13/10 237249 7/13/10 237250 7/13/10 237251 7/13/10 237252 7/13/10 237253 7/13/10 237254 7/13/10 237255 7/13/10 237256 7/13/10 237257 7/13/10 237258 7/13/10 237259 7/13/10 237260 7/13/10 237261 7/13/10 237262 7/13/10 237263 7/13/10 237264 7/13/10 237265 7/13/10 237266 7/13/10 1 /2 AMOUNT 1,689.43 2,257.56 2,371.03 998.30 26,157.03 217.00 2,282.70 333.82 40.00 321.54 6,000.00 200.00 960.00 307.01 71.45 407.00 72.95 76.55 31,232.00 300.00 26,844.00 843.55 14,032.00 9,063.00 1,415.88 3,840A0 46.98 27.00 16.07 6,886.82 1,411.88 2,083.07 1,477.35 14,341.17 393.68 2,721.80 717.86 823.40 1,383.85 954.00 136.00 70.00 140.00 140.00 140.00 584.56 800.00 PAYEE MEGGITT TRAINING SYSTEMS INC. MILE OF CARS ASSOCIATION NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB NEXUS IS INC PCS MOBILE PROJECT PARTNERS INC RAND MCNALLY & CO. SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SAN DIEGO UNION TRIBUNE SCANNING SERVICE CORPORATION SDG&E STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY SYSCO SAN DIEGO THE BANK OF NEW YORK THE STAR NEWS TRUJILLO BERNABE U S BANK CORPORATE PAYMT SYS UNITED PARCEL SERVICE VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WEST PAYMENT CENTER BEST BEST & KRIEGER LLP DANTE'S MODULAR PERFORMANCE DAVID REED LANDSCAPE ARCHITECT LOPEZ OPPER & VARCO LLP PAYROLL Pay period Start Date 14 6/15/2010 Special Payroll WARRANT REGISTER # 2 7/13/2010 DESCRIPTION HEPA VACUUM AND FILTERS FY 2010 - APPORTIONMENT 7-13 CAR WASHES FOR CITY FLEET MEALS NEXUS PHONE SYSTEM DOCKING STATIONS W/ ADAPTER PLT TRAFFIC REVIEW RAND MCNALLY THOMAS GUIDE DIGITAL REGIONAL OFFICERS TRAINING MOP# 45753. PET SUPPLIES LEGAL NOTICES ADVERTISING FILES/PLANS SCANNED & INDEXED FACILITIES GAS & ELECTRIC MOP# 45704. OFFICE SUPPLIES MOP# 63845. BUSINESS CARD PARKS WATER BILL FOOD FOR NUTRITION CENTER ADMIN CHARGES - 1998 TAB SURPLUS VEHICLES AND EQUIPMT REFUND PAYMENT RESIDENTAL TAX CREDIT CARD EXPENSE - POLICE DEPT UPS SHIPMENT EMERGENCY VET CARE - K9 PEER VERIZON WIRELESS SERVICE / CITY CHOICEPOINT/CLEAR INVESTIGATIVE EXPERT SERVICES /RDA PLAN AMDNT ECONOMIC DEVELOPMENT LOAN PROFESSIONAL SERVICES TRANSLATION SERVICES PROFESSIONAL SERVICES End Date 6/28/2010 Check Date 7/7/2010 7/13/2010 CHK NO 237267 237268 237269 237270 237271 237272 237273 237274 237275 237276 237277 237278 237279 237280 237281 237282 237283 237284 237285 237286 237287 237288 237289 237290 237291 237292 237293 237294 237295 237296 DATE 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 7/13/10 A/P Total 2/2 AMOUNT 902.14 77,370.94 312.00 280.00 210.00 3,036.30 274.50 2,140.13 208.00 106.89 2,178.00 2,920.16 741.10 215.77 127.31 63.79 110.89 1,590.00 35. 60. 1,048.74 22.24 146.59 5,642.93 400.00 2,981.75 1,830.00 109.25 1,104.45 177.00 273,976.04 1,024,660.68 42,079.83 GRAND TOTAL $ 1,340,716.55 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 1122 EM TITLE: Investment Report for quarter ended June 30, 2010. PREPARED BY: Jeanette Ladri PHONE: 619-336-4331, EXPLANATION: See attached report. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Staff certifies that there are sufficient funds to meet the City's financial needs. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended June 30, 2010. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: 3ackground/Investment Overview L. Portfolio Summary — Quarter ended June 30, 2010. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: V V V V V V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended June 30, 2010 is summarized below and compared to the quarter ended June 30, 2009. POOLED INVESTMENT PORTFOLIO QUARTER ENDED AS OF 6/30/2010 6/30/2009 Par Value 51,556,846.76 51,994,397.87 Book Value (1) 51,556,596.76 51,994,322.87 Market Value (2) 51,751,808.20 52,127,038.79 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 75.72% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended June 30, 2010, LAIF's monthly average effective yield was 0.528%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2010 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF 39,039,449.66 39,103,621.77 0.528% 75.72% Medium Term Notes 500,000.00 515,065.00 4.000% 0.97% Federal Agency Securities 5,589,750.00 5,704,479.73 3.247% 10.84% Certificates of Deposit 1,088,000.00 1,089,244.60 3.480% 2.11% CaiTrust 2,339,397.10 2,339,397.10 0.640% 4.54% Negotiable CD/CDARS 3,000,000.00 3,000,000.00 2.333% 5.82% Totals for March 2010 51,556,596.76 51,751,808.20 1.029% 100.00% Totals for March 2009 51,994,322.87 Portfolio decrease from same quarter last year -437,726.11 Negotiable CD/CDARS CalTrust 5.82% 4.54% Certificates of Deposit 2.11% Federal Agency Securities 10.84% Medium Term Notes 0.97% LAI F 75.72% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 41,378,846.76 500,000.00 7,937,750.00 1,740,000.00 51,556,596.76 80.26% 0.97% 15.40% 3.37% 100.00% City of National City Finance Department Federal Agency Securities account for 11 % of the investment portfolio. The average rate of return is 3.247% which is the average yield offered in the current market of Security Bonds with same terms. The City has 2% invested in Certificates of Deposit. These investments are in increments of $99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 3.48%. On 9/13/2007 and 7/24/2008, City Council approved a $2 million and $1 million investments in the CDARS program. To date the total investment is $3 million. The combined investment yield is 2.333% and accounts for 6% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 0.64%. The pooled investment portfolio has the ability to meet the City's financial needs. The next chart shows the distribution by Fund of the City's total $51.6M investment portfolio. POOLED INVESTMENTS PORTFOLIO BY FUND OTHER FUNDS, $16.1 INTERNAL SERVICE FUNDS, $14.4 GENERAL FUND, $5.9 SPECIAL REVENUE FUNDS, $1.2 EWER SERVICE FUND, $14.0 City of National City Portfolio Management Portfolio Summary June 30, 2010 City of National City Investments Par Market Book % of Days to YTM/C YTMIC Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 1,088,000.00 1,089,244.60 LAIF 1,088,000.00 2,11 714 146 3.433 3.480 39,039,449.66 39,103,621.77 39,039,449,66 75.72 Medium Term Notes 500,000.00 1 1 0.945 4.000 Federal Agency Securities 515,065.00 500,000.00 0.97 1,462 594 5,590,000.00 5,704 479 73 3.203 3.247 5,589.750.D0 10.84 1,826 295 3.203 3.247 CalTrust 2,339,397.10 2, 339, 397.10 CDARS 3,000,000.00 3,000,000.00 2,339,397.10 4.54 1 1 0.631 0.640 3,000,000.00 5.82 607 189 2.301 2.333 51,556,846.76 51,556,596.78 100.00% 263 53 1.015 1.029 Investments 51,751,808.20 Total Earnings Current Year Average Daily Balance Effee Ra f Return Jeanette Lid o, Finan� Director irec r Reporting period 06/01/2010-06/30/2010 Run Dale: 07/15/2010 - 08,57 June 30 Month Ending 49,935.48 52,462,637.60 1.16% Fiscal Year To Date 678,501,76 47,501,770.37 1.43% Fiscal Year Ending 678,501,76 Portfolio CNC CC PM (PRF_PM1) SymRept 6.41.202b Report Ver. 5.00 CUSIP Investment# Certificates of Deposit - Monthly SYS11302 SYS11328 SY511334 SYS11324 SYS11309 5YS11296 SYS11301 SY511299 SYS11336 SYS11330 SYS11298 LAIF 98-37-576 11302 11328 11334 11324 11309 11296 11301 11299 11336 11330 11298 Issuer AMERIKA SAMOA BANK CIT Bank Community First Bank & Trust Discover Bank High Trust Bank Jacksonville Bank IBERIABANK STATE BANK OF INDIA (CALIF) Tennesse Commerce Bank First Tuskegee Bank Union National Bank of Elgin Subtotal and Average Average Balance 1,256,300.00 11058 Local Agency Investment Fund Subtotal and Average 39,022,782.99 Medium Term Notes 36966RV94 11269 Federal Agency Securities 3133XSNC8 3133X5Z43 3133XUVH3 3133XX6X0 3128X8N57 3128X92S8 3128X94V9 3128X93P3 3128X96P0 3134G1CX0 3134G1DS0 3136FHJF3 3136FJM24 3136FMRF3 3136F82A2 Run Date: 07/15/2010 -08:57 11312 11318 11348 11352 11342 11354 11355 11356 11357 11358 11360 11329 11350 11359 11266 City of National City Portfolio Management Portfolio Details - Investments June 30, 2010 Purchase Date Par Value Market Value 09/22/2008 04/08/2009 04/23/2009 04/02/2009 11/13/2008 07/10/2008 09/16/2008 07/18/2008 04/28/2009 04/17/2009 07/ 19l2008 99,000.00 99,000.00 98,000.00 99,244.60 99,000.00 99,000.00 99,000.00 99.000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99.000.00 99.000.00 99,000.00 99,000.00 99,000,00 1,088,000.00 1,089,244,60 39,039,449,66 39,103,621.77 39,039,449.66 39,103,621,77 GEN ELEC CAP CRP 02/14/2008 500,000.00 515,065,00 Subtotal and Average 500,000.00 500,000.00 515,065.00 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Lean Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Horne Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Nati, Mortgage Assoc, Federal Natl. Mortgage Assoc, Fannie Mae 12/16/2008 02/18/2009 10/06/2009 03/02/2010 06/18/2009 04/15/2010 04/20/2010 04/23/2010 05/06/2010 05/19/2010 05/26/2010 04/21/2009 01/27/2010 05/19/2010 02/12/2008 300,000.00 250,000,00 500,000.00 500,000.00 240,000.00 250,000.00 300,000.00 500,000.00 200,000.00 200, 000.00 300,000.00 250,000.00 500,000.00 300,000.00 250,000,00 304,425.00 252,345.00 502,940.00 503,281.00 250,053,60 253, 860. 00 303,024,30 500,590.00 200,490.00 201,780,00 301,338,30 252,735,01 500,940.02 302,700.00 268,202,50 Stated Book Value Rate 99, 000.00 98,000,00 99,000.00 99,000.00 99,000.00 99,000.00 99, 000,00 99,000.00 99,000.00 99,000.00 99,C00.00 1,088,000.00 4.500 2.350 2.960 2.510. 4.250 4,470 1.750 4,250 2.650 2.400 4.48C 39,039,449.66 0.528 39,039,449.66 Page 2 YTM/C Days to Maturity S&P 365 Maturity Date 276 4.500 2.350 220 2.960 300 2.510 4.250 208 4.470 256 3.453 257 4.250 226 2.650 143 2.400 163 4.480 83 09/22/2010 281 04/08/2011 116 10/25/2010 277 04/04/2011 137 11/15/2010 11 07/12/2010 77 09/16/2010 18 07/19/2010 301 04/28/2011 291 04/18/2011 18 07/19/2010 3.480 146 0.528 0.528 500,000.00 4.000 AA+ 4.000 594 02/15/2012 500,000.00 4.000 594 300,000,00 250,000,00 499,750,00 500,000,00 240, 000.00 250,000.00 300,000.00 500,000.00 200.000.00 200,000.00 300.000,00 250,000,00 500,000.00 300,000.00 250,000,00 4.250 3.000 3.000 3.000 3.000 3,000 3.000 3.250 3.250 3.100 3.000 2.000 3.000 3.125 4.000 AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA 4.250 3.000 3.051 3.000 3.000 3.000 3.000 3.250 3.250 3.100 3.000 2.000 3.000 3.125 4.000 168 232 97 63 718 288 111 12/16/2013 02/18/2014 10/06/2014 03/02/2015 06/18/2014 04/15/2015 04/20/2015 22 04/23/2015 36 05/06/2015 141 05/19/2015 148 294 26 141 957 05/26/2015 04/21/2014 01/27/2015 05/19/2015 02/12/2013 Portfolio CNC CC PM (PPF_PM21 SyrnRepl 8.41,202b CUSIP Investment# Federal Agency Securities 3136F82A2 C 11267 3136F9C07 11274 CalTrust 201-000017-10 CDARS 5YS11327 5YS11347 11059 Issuer Fannie Mae Fannie Mae Subtotal and Average CalTrust Subtotal and Average Average Balance 6,346,416,67 11327 Neighborhood National Bank 11347 Neighborhood National Bank Subtotal and Average Run Date. 07/15,2010 - 08:57 Total and Average 2,337,137.94 3,000,000.00 52,462,637,60 City of National City Portfolio Management Portfolio Details - Investments June 30, 2010 Purchase Date Par Value 02/12/2008 500,000.00 03/11/2008 250,000.00 5,590,000.00 2,339,397.10 2,339,397,10 03/12/2009 2,000,000.00 09/D3/2009 1,000,000.00 3,000,000.00 Stated Market Value Book Value Rate 537,180,00 500,000,0C 4.000 266,595.00 250,000.00 4.000 5,704,479.73 5,589,750,00 2,339,397.10 2,339,397.10 0.640 2,339,397.1.0 2,339,397.10 2,000,000.00 2,000,000.00 2.750 1,000,000.00 1,000,000.00 1.500 3,000,000.00 3,000,000.00 Page 3 YTM/C Days to Maturity S&P 365 Maturity Date AAA 4.000 957 02/12/2013 AAA 4.000 984 03/11/2013 3.247 295 0.640 1 0.640 2.750 1.500 252 03/10/2011 63 09/02/2010 51.556,846,76 51,751,808,20 51,556,596.76 2.333 189 1.029 53 Portfolio CNC CC PM (PRF_PM2) $yrnRept 6. 41,202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 23 iM TITLE: An Ordinance of the City Council of the City of National City Amending Title 18 of the Municipal Code by Amending Chapters 18.10 (Zones and Zoning Map), Title 18.14 (Residential Zones), 18.16 (Commercial Zones), 18.50 (Fences, Walls, and Hedges), 18.58 (Off -Street Parking and Loading), 18.62 (Signs, and Outdoor Advertising Displays), 18.88 (Mobile Homes), 18.104 (Use Groups), 18.108 (Nonconforming Uses) and 18.140 (Mixed Uses) to Provide Standards for the Westside Specific Plan Area. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) PREPARED BY: Peggy Chapin PHONE: 619-336-4319 EXPLANATION: DEPARTMENT: Devel APPROVED BY: anning d On July 20, 2010, the Council approved amendments to Title 18 and the General Plan/Zoning Map. Today's action will finalize the land use code and General Plan/Land Use map amendments. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Ordinance BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Ordinance 2. Appendix A, Land Use Matrix 3. Combined General Plan/Land Use Map ORDINANCE NO. 2010 — 2344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE MUNICIPAL CODE BY AMENDING CHAPTERS 18.10 (ZONES AND ZONING MAP), 18.14 (RESIDENTIAL ZONES), 18.16 (COMMERCIAL ZONES), 18.50 (FENCES, WALLS, AND HEDGES), 18.58 (OFF-STREET PARKING AND LOADING), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), 18.88 (MOBILE HOMES), 18.104 (USE GROUPS), CHAPTER 18.108 (NONCONFORMING USES), AND 18.140 (MIXED USES) TO PROVIDE STANDARDS IMPLEMENTING THE APPROVED WESTSIDE SPECIFIC PLAN BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended by amending Title 18 as follows: Section 1. Chapter 18.10 of the National City Municipal Code is hereby amended by amending Section 18.10.130, to read as follows: 18.10.130 Zones established. In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the followings zone are established, into which the city is divided: TABLE I* RESIDENTIAL ZONES Categories (Symbols) R S-1 RS-2 RS-3 RS-4*** RT RM-1 R M-2** RM-3** RMH Descriptions Residential Single-family Large Lot Residential Single-family Small Lot Residential Single-family Extendible Residential Single-family Residential Two-family Residential Multi -family Residential Multi -family Residential Senior Citizen Housing Residential Mobile Home Park COMMERCIAL ZONES CT CA CL CM CH CG CSC Commercial Tourist Commercial Automotive Commercial Limited Commercial Medium Commercial Heavy Commercial — General Commercial Shopping Center Previous Categories (Symbols) R-1, S-1, R-1-S R-1 None None R-2 R -4, R-4-PD* RM-2** RM-2** None HBTV(1)PD* TRC-PD*, TCS(1)PD*, TCS-PD* C-2, C-2-A, C-2-PD* C-2, CG C-4, CBS(1)PD* C-3-A, C-3-B, C-3-C, CBD CMSCC-PD* MIXED USE COMMERCIAL — RESIDENTIAL MCR-1*** Mixed Use Commercial -Residential - 2 None MCR-2*** Mixed Use Commercial -Residential — 2 None INDUSTRIAL ZONES ML Manufacturing — Light M-1, M-2, M-2A, M-3 MM Manufacturing — Medium M-4 MH Manufacturing — Heavy M-H MT Manufacturing — Tidelands M-4 INSTITUTIONAL AND PUBLIC USE ZONES IC Institutional — Civic None IP Institutional — Private None OSR Open Space Reserve None * All zoning designations (symbols) shown on the zoning map, heretofore a part of Ordinance 962 as amended, with a "PD" component shall be converted pursuant to Section 18.10.020 to the new designations (symbols) with the "PD" component added. ** Although these zone titles have been used in the past, the current regulations are significantly different (see Section 18.14.200). *** These zoning designations are newly created ones pursuant to and consistent with the Westside Specific Plan adopted on March 16, 2010. Section 2. Chapter 18.14 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Chapter 18.14 RESIDENTIAL ZONES Sections: 18.14.010 Purposes. 18.14.015 Purpose of the single-family estate (RS-E) residential zone. 18.14.020 Purpose of the single-family (RS-1) zone. 18.14.030 Purpose of the single-family (RS-2) zone. 18.14.035 Purpose of the single-family extendable (RS-4) zone. 18.14.037 Purpose of the single-family (RS-2) zone. 18.14.040 Purpose of the two-family (RT) zone. 18.14.050 Purpose of the multifamily (RM-1) residential zone. 18.14.060 Purpose of the multifamily existing (RM-2) zone. 18.14.070 Purpose of the senior citizens' housing zone. 18.14.080 Purposes of the RMH residential mobile home park zone. 18.14.090 Principal uses and structures permitted. 18.14.092 Number of dwelling units allowed. 18.14.100 Accessory uses and structures permitted. 18.14.101 Accessory uses, conditions thereon. Ordinance No. 2010 — 2 Amending Title 18 Westside Specific Plan Standards 18.14.110 Roomers and boarders. 18.14.120 Home occupations. 18.14.130 Accessory structures. 18.14.150 Family foster care. 18.14.155 Residential care home. 18.14.160 Prohibited uses and structures. 18.14.170 Use of yards in residential zones. 18.14.180 Uses and structures permitted by conditional use permit. 18.14.190 Design regulations. 18.14.200 Lot area. 18.14.210 Required frontage. 18.14.220 Required yards and setbacks. 18.14.230 Distance of buildings from common lot lines. 18.14.240 Front and side yard requirement variations. 18.14.250 Rear yard requirement variations. 18.14.260 Doors opening beyond lot lines prohibited. 18.14.265 Maximum area of accessory buildings. 18.14.270 Accessory buildings —Setback from side and rear lot lines. 18.14.280 Accessory buildings --Location within setbacks --Restrictions. 18.14.290 Accessory buildings --Setback from front lot line. 18.14.300 Yards and courts in apartment house projects. 18.14.301 Usable open space in multi -family projects. 18.14.302 Usable open space in the RS-3 zone. 18.14.310 Spacing of buildings. 18.14.330 Exceptions based on topography. 18.14.340 Building height. 18.14.350 Building floor area ratio--RM zones. 18.14.360 Building floor area requirements. 18.14.370 Lot coverage—RM zones. 18.14.390 Off-street parking —Minimum requirements. 18.14.400 Off-street parking --Facilities standards--RM zones. 18.14.410 Onsite signs. 18.14.420 Landscaping. 18.14.430 Laundry facilities. 18.14.440 Outdoor lighting. 18.14.450 Pedestrian walkways. 18.14.460 Site drainage. 18.14.470 Storage space. 18.14.480 Enlargement of apartment house projects. 18.14.490 Combining uses. 18.14.500 Exceptions to RS-1 zone design regulations. 18.14.510 Specific uses. 18.14.520 Satellite television antennas. Ordinance No. 2010 — 2344 3 Amending Title 18 Westside Specific Plan Standards Section 3. Chapter 18.14 of the National City Municipal Code is hereby amended by adding Section 18.14.037 to read as follows: 18.14.037 Purpose of the single-family (RS-4) Zone. A. The purposes of the RS-4 zone are to: 1. Provide for areas of single-family attached and detached homes on minimum lot sizes of 2,500 square feet; and 2. Provide for small lot single-family development within the Westside Specific Plan area. B. The RS-4 zone permits one attached or detached single-family dwelling for each full two -thousand five -hundred square feet of lot area provided there is no more than one single family residence for each 2,500 square feet of lot area. It also allows the continuation of the existing mixture of housing types and encourages infill with single-family zones on vacant properties and where existing parcels may be further subdivided as provided herein. Section 4. Chapter 18.14 of the National City Municipal Code is hereby amended by amending Sections 18.14.090, 18.14.092, 18.14.210, 18.14.220, 18.14.270, 18.14.300, 18.14.340, and 18.14.360 to read as follows: 18.14.090 Principle uses and structures permitted. TABLE II USE GROUPS PERMITTED IN RESIDENTIAL ZONES Use Group No. Use Group Reference Section RS-1 RS-2 RS-3 RS-4 RS-E RT RM-1 RM-2 RM-3 RMH 1 Areawide permitted uses 18.04.050 X X X X X X X X X X 2 Areawide conditional uses 18.104.060 C C C ** C C C C C C 3 Animal husbandry 10.104.070 C - - C - - - - - 8 Community, cultural and public recreational services 18.104.120 X - 9 Dwelling, single- family 18.104.130 X X X X X X X X X 10 Dwelling, two-family 18.104.140 X X X X X 11 Dwelling, multiple -family 18.104.150 _ _ - - X X X 12 Dwelling, mobile home 18.104.160 - C Ordinance No. 2010 — 2344 4 Amending Title 18 Westside Specific Plan Standards 29 Public protection facilities 18.104.330 C C C C C C C C C C 33 Signs and outdoor advertising 18.104.370 X X X X X X X X X X 34 Temporary uses 18.104.380 TT T T T T T T T T X Permitted - Not permitted C Conditional use permit required Note: See Section 18.14.200 for minimum lot area requirements. Existing, lawfully constructed residential uses, including single-family homes, as well as one or more single-family detached dwellings on a lot, duplexes and multifamily dwellings, are also permitted in the RS-3 zone. ** Note: Within the RS-4 zone, existing multi -family and duplexes may continue as a permitted use. Existing Churches and religious services may continue as a permitted use whereas new churches and religious facilities and expansions to existing churches and religious facilities are permitted pursuant to approval of a Conditional Use Permit. Parks and open space are permitted uses. See Appendix, Westside Specific Plan Land Use table. 18.14.092 Number of dwelling units allowed. The total number of dwelling units allowed is: RS-E 1 RS-1 1 RS-2 1 RS-3 1 for each full 5,000 square feet of lot area (for new development). Also allowed is existing residential development that may be of higher density. However, no additional units may be constructed if they would result in more than 1 per 5,000 square feet of lot area. RS-4 1 for each full 2,500 square feet of lot area. RT 2, except that for detached single-family condominium units, a greater number is allowed, as specified by an approved subdivision. RMH Per State Health and Safety Code 18000 et seq. RM-1 1 unit for each full one thousand nine hundred square feet of lot area RM-2 Per existing development RM-3 Determined by planned development permit Section 18.14.210 Required frontage. All lots in the residential zones shall have a minimum width of fifty feet and a minimum frontage of fifty feet on a dedicated street, except for the following: A. All lots in the RS-1 zone shall have a minimum width of sixty feet and a minimum frontage of sixty feet, or as provided in subsection A of Section 18.14.5000. Ordinance No. 2010 — 2344 5 Amending Title 18 Westside Specific Plan Standards B. All residential lots on the bulb of a cul-de-sac shall have a minimum frontage of thirty-six feet. Except for those parcels within the RS-4 zone, a minimum lot frontage of twenty- five feet is required. C. All lots within the RS-4 zone shall have a minimum width of twenty-five feet and a minimum frontage on the bulb of a cul-de-sac of fifteen feet and may front on a public or private street, or alleyway. Section 18.14.220 Required yards and setbacks. The minimum required yard setbacks in the residential zones are as follows: TABLE IV TABLE INSET: Zone Front Yard Side Yard Rear Yard Exterior Side Yard Rear Yard Abutting Alley or Public Park Usable Open Space Require RS-1 25 5 25** 10 20 - RS-2 20 5 25* 10 20 - RS-3 20 5 5 5 5 20 RS-4 10/15*** 3/0*** 15 10 15 - RS-E 25 5 25 10 20 - RT 15 5 10 5 5 - RM-1 20 5 5 5 5 See Section 18.14.300 RM-2 20 5 5 5 5 See Section 18.14.300 RM-3 Determined by planned development permit RMH 25 10 (See Chapter 18.88, Mobile Homes) * See Section 18.14.250. ** See Sections 18.14.250 and 18.14.500. *** Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a 15-foot front yard setback. A zero foot minimum side yard, for one -side yard on the parcel is permitted provided there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. 18.14.270 Accessory buildings — Setback from side and rear lot lines. Accessory buildings, including patios, swimming pools, attached carports and attached garages shall maintain a four - foot setback from the side lot line and rear lot line, except for RS-4 which shall maintain a three- foot setback from the side lot line and the rear lot line and a minimum of six feet between structures, but shall not be located in the front yard setback required except as provided by this title. Ordinance No. 2010 — 2344 6 Amending Title 18 Westside Specific Plan Standards 18.14.300 Yards and courts in multi -family residential projects. A. Yard courts in multi -family residential projects shall comply with the following additional regulations. "Court" means an area on the same lot with a building which is bounded on two or more sides by the exterior walls of a building or buildings on the same lot. These requirements do not apply for development within the MCR-1 and MCRO2 zones: 1. Front yards shall be a minimum of fifteen feet when units face a street; side yards shall be a minimum of fifteen feet when units face such yards; rear yards shall be a minimum of fifteen feet when units face such yards. Front yards shall be a minimum of ten feet when units face a street, side yards shall be a minimum of ten feet if adjacent to a single-family residential, multi -family or commercial development. 2. Minimum courts for nine units or more shall be a minimum of twenty feet and fifteen feet for eight units or less. B. Yard and courts in multi -family residential projects within the MCR-1 and MCR-2 shall comply with the following additional regulations: 1. Front yards shall provide a minimum of ten feet when units face a street, side yards shall be a minimum of ten feet between property line and the adjacent structure. C. An additional five feet shall be added to all side yards, rear yards and courts for each story above the first floor. Zero side yards may be allowed when two lots are developed as one with a common wall separating units. 18.14.340 Building height. Any building on a lot in any residential zone, except multi -family residential project shall not exceed three stories or thirty-five feet in height. The height provision does not apply to any structure in the O.D. Arnold Estates Subdivision in which an application for a building permit in excess of one story (see Section 18.14.500). Building height limits do not apply to signs. The height limit of signs is regulated by the Section 18.62 (Signs and Outdoor Advertising Displays) of this Chapter. 18.14.360 Building floor area requirements. In all residential zones, the minimum floor area, excluding garages and accessory buildings, shall be as follows: Minimum Floor Area, Residential Zones Zone Minimum Sq. Ft RS-1 One story, two bedrooms 1,200 One story, three or more bedrooms 1,400 Two stories 1,700 RS-2, RS-3 Minimum unit size 1,000 RS-4 Three stories No minimum RS-E One story, two bedrooms 1,200 One story, three or more bedrooms 1,400 Two stories 1,700 RT A minimum 500 square feet per dwelling unit, or as listed under the RM zones, whichever is greater Ordinance No. 2010 — 2344 7 Amending Title 18 Westside Specific Plan Standards RM-1, RM-2 Bachelor unit 500 One -bedroom unit 650 Two -bedroom unit 800 Three -bedroom unit 1,000 Each additional bedroom 150 RM-3 To be determined by planned development permit RMH Subject to State Health and Safety Code Section 18,000 et seq. 18,000 New condominium 1,000 MCR-1 Minimum unit size 600 MCR-2 Minimum unit size 600 Regardless of number of bedrooms Section 5. Chapter 18.16 of the National City Municipal Code is hereby amended by amending Sections 18.16.085, 18.16.090, 18.16.260, 18.16.280, 18.16.310, 18.16.350, and 18.16.390 to read as follows: 18.16.085 Purposes of mixed -use commercial -residential (MCR-1 and MCR-2) zones. The purpose of the MCR-1 and MCR-2 zones is to provide an area within the Westside Specific Plan area for either commercial or mufti -family residential development or a commercial and multi- family development constructed on a single parcel or as components of a single development on a assemblage of parcels. The uses established for MCR-1 and MCR-2 are listed in Appendix A of this Title. 18.16.090 Principal uses and structures permitted. The principal uses permitted in the commercial zones are designated by use group. The use groups are collections of individual uses of similar character and are fully described in Chapter 18.104. The use groups permitted in commercial zones are listed in Table V. Table V does not apply to the MCR-1 and MCR-2. MCR-1 and MCR-2 land uses are listed in Appendix, Westside Specific Plan Land Use table. 18.16.260 Uses and structures permitted by conditional use permit. Use groups which are indicated in Table V, as set out in Section 18.16.100, and as identified for MCR-1 and MCR-2 in Appendix A as requiring a conditional use permit shall comply with the provisions of Chapter 18.116 (Conditional Use Permits). 18.16.280 Design regulations. Design regulations for commercial zones are set out in Sections 18.16.290 through 18.16.370. Additional guidelines and standards for zones MCR-1 and MCR-2 are specifically stated in the Westside Specific Plan. For general design and development regulations, see Chapters 18.44 through 18.66 and the City of National City's adopted Design Guidelines. Ordinance No. 2010 — 2344 8 Amending Title 18 Westside Specific Plan Standards 18.16.310 Required yards and setbacks. The minimum required yard setbacks, in feet, in the commercial zones are as follows: TABLE VII Zone Front Yard Side Yard Rear Yard Exterior Side Yard CT 10 0 b 0 5 CL 10a 0b 0b 10a CG 10f 0 0 4g CH 5 0c 0c 5 CM See Notes d and g CA See Note e CSC See Note e MCR-1 10 0 / 10 h 5 10 MCR-2 10 0/10h 5 10 Notes: a --or same as adjoining R zone, whichever is greater. b—or ten feet if adjoining an RS zone and four feet if adjoining any other R zone. c--or five feet on a dedicated street or when adjoining an R zone. d--as per the Uniform Building Code. e--building coverage shall not exceed eighty percent of the total land area. f--See zoning map 2 attached to the National City Land Use Code for lesser front yard setbacks that are established by specific plan; also see Section 18.16.400 of this title. g—ten feet on Highland Avenue. h — ten feet if adjacent to a single-family or multi -family development without a mixed - use commercial/office. 18.16.350 Building height, floor area ratio, and lot coverage. All structures hereafter designed or erected in the commercial zones, including the MCR-1 and MCR-2 zones, and existing buildings which may be reconstructed, altered, moved, or enlarged in the commercial zones, may not exceed the height, floor area ratio (F.A.R.), or lot coverage as indicated in Table Vill for the zone in which the buildings are or may be located. Ordinance No. 2010 — 2344 9 Amending Title 18 Westside Specific Plan Standards TABLE Vlli Zone Height (Max.) F.A.R. (Max.) Lot Coverage (Max.) CA 13 stories 1 80 percent CT No limit 1 Reserved CL* No limit 1 Reserved CM No limit 3 Reserved CH No limit 2 Reserved CG No limit 6 Reserved CSC 13 stories 4 80 percent. MCR-1 3 stories and 50 feet .6 None MCR-1 5 stories and 65 feet .6 None * Within the Westside Specific Plan, properties within the C-L zone are limited to thirty-five feet and a F.A.R. of .6. 18.16.390 Screening and landscaping. A. All required setbacks, excluding driveways, shall be landscaped and maintained in accordance with Chapter 18.54 and the City's adopted Landscape Guidelines. B. When adjoining a residential zone, any commercial use shall be permanently screened from such adjoining property by a wall and suitable landscaping. C. All landscaping, maintenance, construction, or street tree placement within any parkway of the city shall be done in accordance with the provisions of Chapters 13.18 and 18.54, and the City's adopted Landscape Guidelines of this Code. Section 6. Chapter 18.50 of the National City Municipal Code is hereby amended by amending Section 18.50.010 to read as follows: 18.50.010 Fencing. Wood fences are permitted between residential uses. Chain link fencing of minimum nine -gauge wire and three and one-half inch by five inch mesh with two and one-half inch by five -sixteenths inch redwood slats may be used in screening industrial areas, not adjacent to residential uses, provided landscape screening is installed adjacent to the chain link or wrought iron fencing. Concrete decorative or decorative block walls shall be constructed between any residential use and any newly -developed industrial, commercial, or multi -use residential -commercial development to screen the use from the residential use. Within the Westside Specific Plan area, the use of chain link, barbed wire and razor wire fencing shall be prohibited for all new development and/or expansions that increase the building square footage by 20% of the existing gross leased area. Ordinance No. 2010 — 2344 10 Amending Title 18 Westside Specific Plan Standards Section 7. Chapter 18.58 of the National City Municipal Code is hereby amended by amending Sections 18.58.050, 18.58.240, 18.58.245, 18.58.280, 18.58.290, 18.58.300, 18.58.345, and 18.58.350 to read as follows: 18.58.050 .Increase in intensity of use. A. For the purpose of this section, an increase in the intensity of use of any structure or premises shall mean the addition of dwelling units, employees, gross floor area, seating capacity, or any other unit of measurement specified in this title as a basis for determining required parking and loading facilities. B. When the intensity of use of any structure or premises, excluding single-family detached dwellings, is increased by less than fifty percent, parking and loading facilities shall be provided for the increase but not for any existing deficiency in such facilities. C. When the intensity of use is increased by more than fifty percent, excluding single-family detached dwellings, parking and loading facilities shall be provided for the entire structure or premises. D. When consecutive increases in intensity of use amount to a total increase of more than fifty percent, parking and loading facilities shall be provided for the entire structure or premises. Consecutive increases shall be figured from the effective date of the National City Land Use Code or from the time of the initial construction or establishment, whichever is more recent. E. With the annual renewal of business licenses for all uses mentioned in Sections 18.58.290 and 18.58.300, the city treasurer, when requested by the planning director, shall require the business proprietor to submit a statement showing the total number of employees on the shift of maximum employment anticipated during the next succeeding twelve-month period. F. Except for single-family residential parcels within the RS-4 zones, when a single- family detached dwelling is increased or expanded to more than two thousand five hundred square feet of floor area and/or more than four bedrooms, off-street parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this section may be provided in a garage, carport, or surface space. 18.58.240 Schedule of parking requirements --Residential uses. The following is the schedule of off-street parking requirements for residential uses: Housing Units in the Following Zones Off -Street Parking Required RS-1 and RS-E zones 2 spaces in a garage or carport per dwelling unit with 2,500 square feet or less in floor area. 3 spaces, including 2 spaces in a garage or carport, per dwelling unit with more than 2,500 square feet in floor area. RS-2 and RS-3 zones 2 spaces, including 1 space in a garage or carport, per dwelling unit with 2,500 square feet or less in floor area. 3 spaces, including 2 spaces in a garage or carport, per dwelling unit with more than 2,500 square feet in floor area. Ordinance No. 2010 - 2344 Amending Title-18 Westside Specific Plan Standards RS 4 zone 2 spaces, including 2 spaces in a garage or carport, per dwelling unit for units with more than 1,200 square feet in floor area, or 1.0 spaces, including one space in a garage or carport, per dwelling unit for units with 1,200 square feet or Tess. RT Zone 1.5 spaces per dwelling unit Exception: A detached home in this zone shall have the same parking requirement as the RS-3 zone. RM-1, RM-2 1.3 spaces per 1-bedroom unit and studio unit, plus 1.5 spaces per unit containing 2 or more bedrooms, and conveniently located guest parking of 0.5 spaces per unit for 20 units or less, plus 0.25 spaces for each unit over 20. Half of the required guest parking spaces may include parallel curb parking spaces on dedicated public streets contiguous to the site. Exceptions: A duplex built in this zone shall have the same parking _ requirement as the RT zone. A detached home in this zone shall have the same parking requirement as the RS-3 zone. RM-3 Planned development permit RMH Two spaces per unit Additional Standards Off -Street Parking Required Boardinghouse and Lodging Houses 1 space per guest room Condominiums 2 spaces per dwelling unit and conveniently located guest parking in the numbers as specified above for RM zones. Garages or carports shall be provided for detached condominium homes as required in the applicable zone. (Not applicable to condominium conversions. Refer to Chapter 18.74.) Dormitories and Fraternity or Sorority Houses As required by conditional use permit Ordinance No. 2010 — 2344 12 Amending Title 18 Westside Specific Plan Standards 18.58.245 Schedule of parking requirements —Mixed use. The following is the schedule of off-street parking requirements for mixed use: Structures and Uses Off -Street Parking Required Except for the MCR-1 and MCR-2 zones, all other Mixed use See Chapter 18.140. MCR-1 and MCR-2 1.5 spaces per dwelling unit for units of more than 1,200 square feet of floor area and 1.0 spaces per dwelling unit for units of 1,200 square feet or less. In addition 5 bicycle parking spaces shall be provided for each 20 dwelling units (minimum 20 dwelling units) 18.58.280 Schedule of parking requirements —Office uses. The following is the schedule of off-street parking requirements-forbusiness and commercial uses: Structures and Uses Off -Street Parking Required Administrative, clerical and professional offices, excluding health services, except within the MCR-1 and MCR-2 zones. For those zones see below. First 5,000 sq. ft. 1 space for every 200 sq. ft. of gross floor area* (see Use Group 27, Section 18.104.310, for complete list of uses) 5,000 to 10,000 1 space for every 250 sq. ft. of gross floor area* 10,000 to 30,000 1 space for every 300 sq. ft. of gross floor area* 30,000 to 100,000 1 space for every 350 sq. ft. of gross floor area* Over 100,000 1 space for every 400 sq. ft. of gross floor area* MCR-1 and MCR-2 office and studios uses (Use group 27) For each 1,000 sq ft of gross leased area 2.9 spaces * For each building, and these formulas will not accumulate where there is more than one building on the property. Ordinance No. 2010 —2344 13 Amending Title 18 Westside Specific Plan Standards 18.58.290 Schedule of parking requirements —Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses. Structures and Uses Off -Street Parking Required Specifically within MCR-1 and MCR-2 zones 3.6 parking spaces for each 1,000 square feet of gross floor area for retail uses, goods and services, and restaurant uses (Use groups 13, 14, 17, 18, and 19) And 1 bicycle rack (minimum 4 bike spaces) for 10% of vehicle parking spaces Automobile and truck repair service establishments 1 space for every 800 square feet, or fraction thereof, of gross floor area, plus 1 space for any amount of vehicles used in conjunction with the business Automobile, truck, boat, camper vehicle, or similar vehicle sales, or rental establishment located in the commercial zones 1 space for each 2 employees of the shift of maximum employment, plus 1 space for each vehicle used in conjunction with the use Eating places, take-out and drive-thru 1 stall for every 100 square feet of gross floor area Existing commercial shopping centers with multiple uses Existing shopping centers shall be required to maintain the parking ratio which was applied during site plan approval Goods and services (Use Groups 17, 18 and 19) located in individual buildings with a single use 1 space for every 250 square feet of gross floor area Heavy equipment and machinery (Use Group 20) 1 space for every 2 employees of the shift of maximum employment, or 1 space for every 1,000 square feet of enclosed or covered area, whichever is greater. Hotels and motels 1 space per guest room, plus one extra parking space for every ten units up to 50. Over 50 units, 1 extra parking space shall be provided for every 20 units New commercial shopping centers with multiple uses 1 space for every 200 square feet of gross floor area Restaurants, nightclubs, cocktail lounges, bars, and similar establishments for the sale and consumption of food or beverages on the premises 1 space for every 5 fixed seats, plus 1 space for every 35 square feet of area available for assembly where there are no fixed seats. Shopping centers in the CSC zone (existing or new construction) 4.5 spaces for every 1,000 square feet of gross leasable floor area Video tape rental and sale; Laundromat (self- service); barber and beauty shops 1 space for every 100 square feet of gross floor area Ordinance No. 2010 — 2344 14 Amending Title 18 Westside Specific Plan Standards Warehousing and storage 1 space, plus 1 space for each 2 employees Wholesaling and distribution 4 spaces, plus 1 space for every 1,000 square feet of gross floor area or fraction thereof over 4,000 square feet 18.58.300 Schedule of parking requirements--Manufacturinq and related uses. The following is the schedule of off-street parking requirements for manufacturing and related uses: Structures and Uses Off -Street Parking Required MCR-1 and MCR-2 zones 2.0 spaces for each 1,000 square feet of gross floor area for industrial uses and 1 bicycle rack (minimum 4 bike spaces) for 10% of vehicle parking spaces All uses in the industrial zones (unless otherwise specified) 1 space for every 500 square feet, or fraction thereof, of gross floor area, plus 1 space for each service vehicle used in conjunction with the business, plus 1 space for visitor parking. Food processing (Use Group15), light manufacturing (Use Group 22), medium manufacturing (Use Group 23), heavy manufacturing (Use Group 24), manufacturing tidelands (Use Group 25), mineral resources extraction and processing (Use Group 26), and research and development (Use Group 31) 1 space for every 800 square feet, or fraction thereof, of gross floor area, plusl space for each service vehicle used in conjunction with the business, plus 1 space for visitor parking. Scrap metal processing 1 space for every 7,000 square feet of yard area or fraction thereof, up to the first 42,000 square feet, plus 1 space for every 20,000 square feet of yard area, or fraction thereof, in excess of 42,000 square feet. Warehouse and storage 6 spaces, plus 1 space for every 2 employees and 1 space for visitor parking. Wholesale and distribution 5 spaces, plus 1 space for every 1,000 square feet, or fraction thereof, of gross floor area over 4,000 square feet, plus 1 space for visitor parking. 18.58.345 Dimensions for garage or carport area and openings. A. A one -car garage or carport shall contain an unobstructed interior parking area of a minimum of eleven feet wide by nineteen feet deep. A two -car garage or carport shall contain an unobstructed interior parking area of a minimum of twenty feet wide by nineteen feet deep. B. A garage for more than two cars shall contain additional area consistent with Sections 18.58.310, 18.58.330 and 18.58.340. C. A single -car garage door or opening to a single space carport shall be a minimum of eight feet wide; a two -car garage door or opening to a two -space carport shall be a minimum of sixteen feet wide. For larger parking garages or carports serving multifamily residential or nonresidential development, openings shall be provided in accordance with Sections 18.58.330 and 18.58.340. Ordinance No. 2010 — 2344 15 Amending Title 18 Westside Specific Plan Standards D. A tandem parking garage for two vehicles shall be a minimum of ten feet wide by thirty-eight feet long. A tandem parking space within a parking structure shall be a minimum of 8.5 feet wide by 36 feet long. 18.58.350 Tandem parking. Tandem parking spaces are permitted in the RS-4, and MCR-1 and MCR-2 zones and within the CL zone of the Westside Specific Plan. Section 8. Chapter 18.62 of the National City Municipal Code is hereby amended by amending Sections 18.62.030 and 18.62.105 to read as follows: 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in Chapter 18.04, the following definitions or concepts shall be applicable: A. "Awnings and canopies" are any roof -like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements. B. "Awning sign" is any sign copy or logo attached to or painted on an awning or canopy. C. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. D. "Bunting" is a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. E. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. F. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. G. "Civic event sign" is a temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic -fraternal organization, or similar noncommercial organization. H. "Convenience sign or directional sign" is a sign that conveys information (e.g. restrooms, no parking, entrance) or minor business identification for directional purposes, and is designed to be viewed by pedestrians and/or motorists. 1. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. J. "Directory sign" is a sign listing the tenants of a multiple tenant structure or center. K. "Double-faced sign" is a sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes. L. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. M. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. N. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section Ordinance No. 2010 — 2344 16 Amending Title 18 Westside Specific Plan Standards 18.04.260 pertaining to frontage when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. O. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. P. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. Q. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. R. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. S. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. T. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. U. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. V. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located. W. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. X. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. Y. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. Z. "Pedestrian oriented sign" is a small, pedestrian -oriented sign (less than four square feet) that projects perpendicularly from a structure (bracket sign) or is hung beneath a canopy (blade sign). AA. "Pennant" is a banner with three sides. BB. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." CC. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. DD. "Portable sign" is a sign that is not affixed to a structure or the ground (e.g., A - frame or sandwich -board signs). EE. "Projecting sign" is a sign that protrudes in a V-shape from the top of the round floor over the sidewalk, like a traditional theater marquee. Ordinance No. 2010 — 2344 17 Amending Title 18 Westside Specific Plan Standards FF. "Shopping center" shall mean a group of commercial buildings as defined in Section 18.04.596. GG. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a message is conveyed which is placed outdoors in any zone or is visible to the exterior of a commercial or industrial building or structure. It shall include a banner and any of the following: 1. Any advertising display defined in Section 9.32.010. 2. Any message painted, printed, or otherwise produced or affixed on or to: a. The exterior of a building or structure; b. A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free-standing; or c. An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole, or the ground. HH. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. II. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. 18.62.105 A -frame signs —Regulated. Freestanding A -frame signs shall be permitted within the Westside Specific Plan area, positioned outside of the public right-of-way provided that: 1. The displays are properly maintained; 2. Maximum of one (1) sign may be displayed at a time. 3. The sign shall be limited to five (5) feet in height by three (3) feet in width. 4. The sign shall be limited to two (2) sign faces per sign, back-to-back. 5. There shall be no external or intemal illumination. 6. The sign shall not be permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise o products displayed outside of buildings. 7. The sign shall be portable, self-supporting, stable, and weighted or constructed to withstand overturning or by wind or contact. 8. The sign shall not be displayed during non -business hours. 9. The sign shall be located directly in front of the building and/or business that it is advertising. 10. The sign shall not be placed in such a way as to interfere with pedestrian and/or vehicular sight lines or corner clear zone requirements as specified by the City. 11. The sign shall into be placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way. 12. The sign shall not obscure or interfere with the effectiveness of any official notice or public safety device. Section 9. Chapter 18.88 of the National City Municipal Code is hereby amended by amending Section 18.88.010 to read as follows: Section 18.88.010 Use as Dwelling —Restrictions. Except within the Westside Specific Plan area, a mobile home shall not be used for living or sleeping purposes except when located in an approved mobile home park. Within the Westside Specific Plan RS-4 zone, a new mobile home Ordinance No. 2010 — 2344 18 Amending Title 18 Westside Specific Plan Standards or modular home may be installed upon obtaining appropriate building permits and provided that the mobile home or modular unit meets the design guidelines of the Westside Specific Plan and the City's Design Guidelines. Section 10. Chapter 18.104 of the National City Municipal Code is hereby amended by amending Section 18.104.010 to read as follows: 18.104.010 Description. A. A use group is a compilation of land use types having similarities which are compatible with each other and which, when grouped together; enable systematic consideration of location and other regulations, thus accomplishing the purpose(s) of the zones described in this title. B. Chapters 18.14 through 18.20 set forth the regulations for each zone. For each of these chapters there is a table showing the use groups permitted in the zones. Use groups are identified in Sections 18.104.050 through 18.104.410 by number and name and a descriptive statement. An alphabetical listing of typical uses allowed within respective use groups is found in Appendix D of the National City Land Use Code. The use groups with their respective examples of typical uses are found in Appendix B of the National City Land Use Code. Except that specific use groups are identified for the Westside Specific Plan area and are identified in Appendix E of the Land Use Code. Section 11. Chapter 18.108 of the National City Municipal Code is hereby amended by amending Sections 18.108.030 and 18.108.100 to read as follows: 18.108.030 Enlargements and alterations. No existing building or premises designed, arranged, intended or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except: A. Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted. B. These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all yard requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site. C. A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, Le., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used. D. A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.108.100, may expand, enlarge, reconstruct or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to twenty percent (20%) within the existing parcel in which it is located, subject to first obtaining a conditional use permit. 18.108.100 Substitution of nonconforming uses. A. A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a lawful nonconforming use to a nonconforming use found by the planning commission to be a lawful Ordinance No. 2010 — 2344 19 Amending Title 18 Westside Specific Plan Standards nonconforming use on another site within the same zone may be allowed where a conditional use permit therefore has been approved; provided, that this shall in no way extend the abatement provisions otherwise contained in this chapter. The exception stated in this paragraph of allowing a conversion of a lawful nonconforming use to another nonconforming use within the same zone does not apply to nonconforming uses located within the Westside Specific Plan area. B. Nonconforming uses located within the Westside Specific Plan area. 1. A nonconforming use located on a parcel or parcels located within the Westside Specific Plan may not be converted to any use except to a specifically permitted use in the zone of the parcel or parcels on which it is located, except as follows: a. A nonconforming use may be converted to any use which is specifically permitted in the allowable uses for any of the zones identified in Appendix A of the Westside Specific Plan. 2. A nonconforming use that converts to another nonconforming use from Appendix A may enlarge and alter their footprint to the extent allowed in Section 18.108.030. C. In the CA zone where there exists commercial retail shopping facilities which became nonconforming at the time of the adoption of the National City Land Use Code, such facilities may be continued and may continue to lease commercial retail space to uses typical of such facilities but not otherwise permitted in the CA zone. Section 12. Chapter 18.140 of the National City Municipal Code is hereby amended by amending Sections 18.140.030, 18.140.040, and 18.140.050 to read as follows: 18.140.030 Regulations generally. A. Mixed use may be permitted in the tourist commercial (CT), limited commercial (CL), general commercial (CG), medium commercial (CM) and heavy commercial (CH) zones with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title. However, a single residence on a lot may be permitted with site plan review approval by the planning director where deemed appropriate in accordance with Chapter 18.128 of this title. B. Expansion, enlargement, and/or reconstruction of existing multifamily residential structures, not resulting in any additional dwelling units, may be permitted with site plan review approval by the planning director in accordance with Chapter 18.128 of this title where such expansion would not exceed ten percent of the size of the structure and where the number of units is permitted by Section 18.140.040. C. Mixed use shall be permitted within the mixed use commercial -residential (MCR- 1 and MCR-2) with site plan review approval by the Planning Division in accordance with Chapter 18.128 of this title. However, a single residence on a lot within the MC-R zones may be permitted with the approval of a building permit and grading permit, as necessary. 18.140.040 Number of dwelling units allowed. A. The maximum number of dwelling units which may be permittee in the CT, CG, CM and CH zones shall be limited to one dwelling unit per each full one thousand two hundred fifty square feet of lot area , in the CL zone to one dwelling unit per each full one thousand nine hundred square feet of lot area. B. In the MCR-1 and MCR-2 zones are, the minimum number of dwelling units for multi -family development is 24 dwelling units per acre with a maximum of 60 dwelling units per acre in accordance with Chapter 18.16. Ordinance No. 2010 — 2344 20 Amending Title 18 Westside Specific Plan Standards 18.140.050 Design regulations. A. Residential development, and the residential component of a joint commercial/residential development shall be subject to the residential design regulations referenced in the City of National City Design Guidelines (1991) and as follows: 1. Single-family residential use shall be subject to the RS-2 design 2. Two-family residential use shall be subject to the RT design regulations. 3. Multi -family residential and mixed use commercial -residential shall be subject to the City's Design Guidelines for the MCR-1 and MCR-2 zones as additionally provided in the Westside Specific Plan (2010). B. Open space requirements for residential multi -family developments in the CL, CT, CG, CM, and CH, as required by Section 18.14.301 except that for the MCR-1 and MCR-2 zones a minimum of 300-sgaure feet of common usable open space and 75-feet of private open space shall be provided for each unit over three units. As an alternative for projects incorporating both commercial and residential uses required common open space may be provided as landscaped courtyard areas for passive use, integrated with both commercial and residential components for the development. C. The parking requirements for residential development in the CT, CL and CG zones shall be as follows: D. The parking requirements for residential development in the CT, CL and CG zones shall be as follows: 1. RS-2 parking requirements for one detached residence; 2. RT parking requirements for two attached units; 3. RS-3 parking requirements for two or more detached units; 4. RM-1 parking requirements for multi -family residential use. E. The following parking requirements shall apply for mixed -use development in the CT, CI, and CG zone: 1. The parking requirements for mixed -use development shall be the sum of the requirements of the individual uses. Up to one-half of the required guest parking may be provided by the commercial parking facility. Where there is an alley adjacent or abutting the property, access to the residential parking facility shall be solely from that alley and the residential parking facility shall be adjacent to that alley where appropriate to avoid access to commercial collector or arterial streets. 2. The parking facility shall be designed and arranged to provide separation between the commercial and residential parking areas, and each parking area shall be designated. Residential parking shall be signed or marked to restrict commercial use. F. The following parking requirements shall apply to the MCR-1 and MCR-2 zones. Parking shall be also provided in accordance with Chapter 18.58. 1. The parking requirements in mixed -use development in the MCR-1 and MCR-2 zones shall include 1.7 parking spaces for each dwelling unit of less than or equal to 1,200 square feet and 2.0 parking spaces for each dwelling unit of more than 1,200 square feet. Shared parking may be considered where 50% of the parking may be shared between daytime uses (commercial and office) and nighttime uses (residential). 2. Joint parking arrangements may be developed on -site or within a off -site parking lot or parking structure located within 500 feet of the property line of the development. 3. A maximum of 25% of multi -family development may be provided with tandem parking spaces in accordance with Chapter 18.58. G. A comprehensive sign program shall be included with any conditional use permit application for a mixed use development or within any site plan review permit. regulations. Ordinance No. 2010 — 2344 21 Amending Title 18 Westside Specific Plan Standards H. Exceptions to the design regulations listed or referenced in this section may be granted in conjunction with the required conditional use permit or site plan review application if consistent with the general plan. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney Ordinance No. 2010 — 2344 22 Amending Title 18 Westside Specific Plan Standards APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 1 Area wide permitted uses - As noted below 18.104.050 - Arboretum X Crop Raising X X X -. X X. Drainage Improvements X X X X X X Open Space X X X X X X Public Utility & Transmission Lines X X X X X X 2 Area wide conditional uses - Those uses as noted below 18.104.060 - Adult Day Health Care Center - C C C - - Athletic Field - - X X Auditorium - C C C C - Dormitories - C C Head Start Program - C C C C Park - Public or Private X X X X X X Post Office - X X X X - Public Works Yard - C C C - Religious Services C C C C C C Schools & Colleges - C C C C Transportation Terminals - C C C 3 Animal Husbandry 18.104.070 - - - - - - 4 Automotive and allied services 18.104.080 - - - - - - Auto Detailing - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use 1 1 APPENDIX A Westside Specific Plan Land. Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR Auto Electronics Installation & Repair - - - - - - Auto Electronics Shop - - - - - Auto Glass Shop - - - - - Auto Muffler Shop - - - - - - Auto Parts & Accessories Sales - X X X - - Auto Parts Exchange - - - - - - Auto Pawn Lot - - - - Auto Radiator Shop - - - - - - Auto Repair, Minor & Major - - - - - - Auto Repair Mobile - X X X - - Auto Sales and Leasing - C C C - - Auto Sales, Used - C C C - - Auto Services Office (Insurance, Financing, etc.) X X X Auto Smog Emission Station - - - - - Auto Static Inspection - - - - - - Auto Storage - - - - - - Auto Towing (Dispatch Only - - - Auto Transmission Repair - - - - - . - Auto Upholstery - - - - - - Boat Sales & Leasing - C C C - - Camper Sales, Leasing, Rental - C C C - - Car Wash (Accessory Gas Pumps Permitted) - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use 2 APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Zones Reference RS-4 MCR-1 MCR-2 CL IC - OSR> Drive -In Tune up - - - - - - Gas Sales - - - - - - Mobile Home Sales C C C - - Motorcycle Sales Leasing, Rental Repair - - - - - - Trailer Sales, Leasing, Rental, Repair - - - - - - Truck Sales, Leasing, Rental Repair - - - - - - Used Car Reconditioning - - - - - Van Conversion Service - - - - - - Auto Painting with Accessory Body & Fender Work - - - - - - Auto Repair Minor Accessory to a Department Store - C C C - - Liquefied Petroleum Gas Dispensing - - - - - - 5 Amusement and entertainment, Uses as permitted below, subject to CUP as noted 18.104.090 — C C C - - Amusement Arcade - C C. C - - Bar C C C - - Burlesque, Pantomine, and Modeling Shows - - - - - - Cabarets - - - - - - Cocktail Lounge - C C C - - Dance Hall (Serving Alcohol) - - - - - - Nightclub - C C C - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use ni 3 APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR Pool Hall/Billiard Hall - C C C - Restaurant with Dancing after Dinner Hours - X X X - 6 Commercial recreation indoor Uses 18.104.100 " — C C C C 7 Commercial recreation outdoor 18.104.110 — C- C C - - 8 Community, cultural, and public recreational services .18.104.120 - C C C. C -_C .: 9 Dwelling, single-family. (*Existing SFR permitted and allowed to expand in CL, no new Single family use permitted in CL) 18.104.130 X X X X' X - 10 Dwelling, two-family 18.104.140 - X X - - - 11 Multiple -family dwelling 18.104.150 - X X - - - 12 Dwelling, mobile home 18.104.160 - — — - - - 13 Eating places, other than takeout 18.104.170 X X X - - 14 Drive-thru/dove-in take-out eating places 18.104.180 — X X X - - 15 Food processing 18.104.190 — — - - - 16 Gasoline service stations 18.104.200 — — - - - - 17 Convenience goods & services 18.104.210 - X X X - 18 Shopping goods & services 18.204.220 - X X X - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use iv 4 APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 19 Other goods and services except those prohibited uses noted below: All services permitted shallprovide storage within the building. No exterior storage permitted. 18.104230 — X X X Auto Electronics Installation and Repair - - - - - - - Auto Transmission Repair - - - - - - - Car Wash - - - - - - Ceramic Product Sales Yard - - - - - - - Compressor Unit Sales & Service - - - - - - Dry Cleaning Plant - - - - - Exterminating Service - - - - - - - Lumber Yard - - - - - - Nursery Garden Supplies - - - - - - Outboard Motor Sales, Service i£ Repair - - - - - - - Plaster Cast Figurines Sale and Outdoor Display - - - - - - Pottery and Ceramic Product Sales Yard - - - - - - - Recycling Collection Center - - - - - - - Shipping containers Incidental to Reverse Vending Machines with a Licensed Recycling Facility - - - - - - Conditional Use Permit uses as noted in Use Group 19 - - C C C - - X = Permitted Use C = Requires approval of -a Conditional Use Permit v - = Not Permitted Use 5 APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 20 Heavy equipment & machinery Not permitted except as noted below 18.104.240 - — - - - Public Transit Facility - X - 21 Hotel, motel, & related services 18.104.250 — X X X - 22 Light manufacturing - All services noted as permitted shall provide storage within the building. No exterior storage permitted. 18.104.260 — X X X -- - Assembly - - _ - - _ - Assembly of Camper Shells - - - - - - Assembly of Electronic Circuits -. - - - - Assembly or Packaging - - - - -. - Auto Assembly - - - Auto Detailing - - - - Auto Repair, Mobile - - X X X - - Blacksmith - - - - - - Building Materials Storage Yard & Retail Sales - - - - Cabinet & Carpentry Shops C C C Chemical Etching of Manufactured Products - - - - - - - Computer Maintenance and Installation X X X - - Contractor's Storage and Equipment Yard - - - - _ - - Deck Systems Packaging and Services - - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use VI 6 APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Zones Reference RSA MCR-1 MCR-2 CL IC OSR,; Delicatessen X X X - - Diving (Commercial) C C C - - Diving Equipment Mfg - - - - - - Electrical Appliance Assembly — C C C - - Equipment Repair - C C C - - Farmers Market - C C C C Film Processing - X X X - - Hydraulic Repair, Marine & Commercial - - - - - - Machine Shop - - -. - - Mail Order House - - - - - - Manufacture 18.104.260- - - - - Mattress Repair & Recovering - - - Metal Polishing - - - - - - Packaging - -. - - - - Painting of Small Parts & Metal Coating - - - - - - Pharmaceutical Drugs Packaging - - - - - - Plastic Fabricating & Extrusion - - - - - - Pneumatic & Hydraulic Control Systems Repair - - - - - - Refuse Disposal Truck & Container Facility - - - - - - Repair of Shop Equipment (Milling Machines, Lathes, Grinders, etc.) - - - - - - Sheet Metal Shop - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use vii 7 APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CI_ IC OSR Tire Rebuilding or Recapping - - - - - - Toiletries (Packaging) - - - Tool & Die Shop - - - - - - Used Tire Sales - - - - Welding Shop - - - - - - Wholesale Business Principal use — no retail) - - - - - - Wholesale (in conjunction with " retail) - - - - - Wood Sawing - - - Wood Truss Fabrication & Sales - - - - - - 22 All Uses noted as permitted with a Conditional Uses would not be permitted. 18.104.260 - - - — - 23 Medium manufacturing 18.104.270 — - - - - - 24 Heavy manufacturing 18.104.280 — — - - - - 25 Manufacturing tidelands 108.104.290 — — - - - - 26 Mineral resource extraction and processing 108.104.300 — — - - - - 27 Offices and studios 18.104.310 — X X X X - Artist and craft studios and similar cottage industry X X X X - Schools, studios and colleges Located within an existing building when adequate parking can be established (as determined by the Planning Director) X X X X X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use viii 8 APPENDIX.A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 . MCR-1 MCR-2 CL IC OSR 28 Off-street parking 18.104.320 — X X X - - 29 Public protection facilities 18.104.330 - C C C C - 30 Public Utilities 18.104.340 - C C C C - 31 Research & Development 18.104.350 - - - - - - 32 Scrap metal processing 18.104.360 - - - - - - 33 Signs & Outdoor Advertising 18.104.370 X X X X X X 34 Temporary Uses— with approval of a Temporary Use Permit 18.104.380 X X X X X X" 35 Wholesaling, Warehousing & Distribution 18.104.390 - - - - - 36 Truck Transportation Facilities 18.104.400 - - - - - - 37 Waterfront 18.104.410 - - - - - - 38 Open Space Reserve 18.104.420 X X X X X X 39 Open Space Reserve 18.104.430 X X X X X X 1 Use group numbers and reference sections correspond tostandard nomenclature and definitions established in Section 18.104 of the NCLUC. 2Ground. floor retail required on Civic Center Drive. X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use ix (-COMBINED GENERAL PLAN ZONING MAP RESIDENTIAL f Wel.•F.mlly. E.MI. • RS•S 1 RS•1� Nng.-rlmlly LMO. Lai • 115.1 RR:Z SI1g1.F.mllySmaa.Lm- RF2 1C01h0.mlly Filer10111.. R S.1 — SMp1..F.mlly T.•o-F.miy • RT Mil MAI•F.m.y En1.nde . -Wal+amly UmR.a SMIM CAL. 0004o1 - MOal. Mop. Fare COMMERCIAL AulomWM. Comin.ralN — General C.mm.dal - Nm Red Commercial - M.dlwn Cemmmelcl Heavy CemmercNl - TayR Centre artlY SiappMg Center Commeral.l MULTI USE ® AW1111.. Comm.rd.I R..1a.06.1 yyy MCICUi. camm.ral5'- .cf"'disig .1 - CRM, GM1.r mer DN111m 41W W.. DCmmMNI.R..IC.r0lS • Trn.NOMnI.4. D.wlppm.M INDUSTRYAL MOR' L100l M.nuf.OUNnp R.�Idenll.l, Udd M. nufamudn0 - Medum Man5Mclurm0 - Maar? Manulcalwln0 - Roland. M.nufa4Nr15 INSTITUTIONAL - U.N MaMWen.l - p,I . m5dallen4 - Open spec. R...* gisiv Military Rwoe. n OVERLAYS 00. SP.* RD) Plannb GV.I0m.N f] Planned IMa D.y.l pmunl HOI M RlWUIOI (In Faalf LCj,] Camel Zeno LURD UMW PM Du1a1 ram' Game. M.n • Pao. Ady .d: Clry Council R..oMlan No. amended Cyr OF4001.3,4, 0m1d OF710041.2 M 01,20041, 0 and 01,2C0F1 and 200y-1a GO end 200744 Oy NATIONAL CITY, CALIFORNIA o 101 „ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 24 iM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit to allow a pawn shop and gold buying at a commercial structure at 560 Highland Avenue. (Applicant: Roberto Plascencia) (Case File 2010-20 CUP) PREPARED BY: Martin Reeder DEPARTMENT: DevftlogXn$nt Svcs/Ilanning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The project site is a 5,750 square -foot parcel at the northwest corner of Highland Avenue and East 6th Street within the General Commercial (CG) zone. A 2,000 square -foot commercial building with two suites and nine parking spaces is currently under construction at the site. The applicant is proposing to operate a pawn shop and gold buying business between the hours of 10 a.m. and 6:00 p.m. from Monday to Friday. Both pawn shops and gold buying are uses permitted in the CG zone with the issuance of a Conditional Use Permit. All transactions are required to conform to standards as set forth by the Department of Justice and the Business & Professions Code. The Planning Commission held a hearing on July 19, 2010, at which time Commissioners asked questions regarding parking requirements and holding times for purchased items. The Commission =d to approve the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA (existing facility, no expansion) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores. ATTACHMENTS: Planning Commission Resolution No. 18-2010 Location Map 3. Reduced Plans RESOLUTION NO. 18-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW PAWN SHOP AND GOLD BUYING AT AN EXISTING COMMERCIAL BUILDING AT 560 HIGHLAND AVENUE APPLICANT: ROBERT PLASCENCIA CASE FILE NO. 2010-20 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit to allow a Pawn Shop and Gold Buying at a commercial structure at 560 Highland Avenue (APN: 556-234-15), at a duly advertised public hearings held on July 19, 2010, 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. 2010-20 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on July 19, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be contained within a commercial building which was constructed and designed for a commercial use, with adequate parking provided. 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 proposed use is consistent with a retail use already considered during the design and construction of the commercial building. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within a commercial structure, there is no expansion proposed, and the use is typical of a commercial use considered in the General Plan and Land Use Code. i 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service that is in demand among consumers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a pawn shop and gold buying (precious metal) buying 560 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A - Revised, Case File No. 2010-20 CUP, dated 5/27/2010. 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 accessibility regulations. 6. Plans shall be revised to comply with California Title 24 accessibility requirements for sales and service counters (Section 11226.5). Plans shall indicate a counter or table at a height of 28" minimum to 34" maximum and 19" in depth. In addition an, 30" x 48" of clear floor space under the sales or service counter shall be provided (Sec. 1122B.2, 1118B.4.1). Fire 7. Plans must comply with the 2007 editions of the NFPA and CFC. 2 Planning 8. This Conditional Use Permit shall be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator is found to be in violation of any state, or local law regulating Secondhand Dealers in accordance with Section 18.116.170. 9_ No second hand items shall be sold or consigned without modification of this Conditional Use Permit. 10.Security cameras shall be installed and maintained at the entrance and in proximity of the gold (precious metals) buying and all purchased gold and precious materials shall be retained for a minimum of 60 days_ Police 11.Within 24 hours of all gold buying transactions, a copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police Department for review. 12.The precious metals purchased shall be held for a period of 60 days prior to recycling to allow adequate time for the Police Department to review the items in conjunction with a potential theft, burglary, or other criminal activity. 13.The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at all times, shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to Secondhand Dealers. 14.Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the licensed pawnbroker or secondhand dealer shall report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. 15.The applicant shall digitally photograph the identification of the individual selling the item for recycling. The photographs shall be retained and the items being purchased for a minimum period of 60 days. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing_ 3 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 19, 2010, by the following vote: AYES: DeLaPaz, Farais, Alvaraldo, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: AIR N 4 1 630 514 rn 522 526 0) W RS-3-PD 614 0 m 437 739 East : 5th St East '- -, 6th St co 609 617 604 614 616 640 w 01 East ; 7th St a D CD CG 439 RS-3-PD 511 519 523 539 CO 504 510 520 605 0) rn 611 00 N V CO N 618 637 620 Subject Parcel — — — Zone Boundary I I I I Feet 0 75 150 300 APN: 556-234-15 Planning Commission Location Map 2010-20 CUP 5 0.7.0.7 10 AP" G CM Bnrncu XL.AW —� "� �.sneREa11 Lu+e �; s 6.000 Rs� •024 Ape pw 4 0SRNINOSRIM UNIT 'A' AREA.490002 PROPOSED ONE STORY Zf ERCIALWITHMEl2ANINE XCCE541BIL11V _ ___ _ ,-0NPER SGmu4 ....,l ra. J : �,A Bo,p7rN2Ll 1-,4( r PE SEC If44lf P 4 /i�r+l F 640P BPSN, `` ✓/Mr'o, ,.. ,, " y4CFEaN LINE /— pla A Eft er5m LN Jr a U. A11 X$ N0 EASEMENT 8 I \ • 1 RAMP JP I E00— ___ISnL, SOLAREFOOTAGEAREAS 2 UN OMPVEROAL ORO,IA:C EL00P *090 9'9(OPL I`A _LRNE4W.02 SE TOTAL 9L002AAE: ----iu1E0059 4Ni1.4 040.NR0 PLOOR Arin B4MORT :OMC.4!5iR __ POD; TOTAL SLOOP SPF4 - '0900D; 'ESN L949EPSne .RE, 3UIAi LOW :COMMONAFE0I IW.EOSF w4LX O. +09.Gf EP PAR51iN4AOR10940A ugr;+p904• 1014L24VEMPIP AREA 0820E0 PP F4j81114991E ML I01°ECII00! IN OOIi10N i01M PPOIU0INtintn N6, M09021046NCNEME4M1l Ai 50 REDWRE £PEG &E iv1NN :CDRO4NCE WM 96E 110109 RN100452 99 BUILDING LODE TEN A�IPEU _ P6u4Rk9 61R0G,NPA.ISIs•Cr.IE OVER e500RB 4EE B P4V5 51RUt1044.NS50NR'+ r.EQr 'LW —— SITE PLAN UNIT'' APES a OPP ODES 91'N0 E48 ENS -NO CONC., CARS NORTH R 0 790400'P6 Wu1 V.CIN.TY MAP THE SITE VJt'I VVVN[C140 IP'11ET+VPCI CICWI Pup,Pup,Rowe Plypv54 4061M110 RE. 1+O MOIITIry PI,,, CM1414 VIU t1. d1B10 Polo.1.Rf ono 'B18111H965 NOP i nsS54Ml 4CA8A090Cu1IC •.0AI41I omen: VIC CAEu0A0UMP AOeue9 40441, Wlnul. su. Toe, se [1po. Ce 5210. ONManlw 'IEIBIBMa415.(61P11fi'4050v ESIPI 198k1S ION 4C,111y945)llr 914Lqucµ 0999*8EE 0E81095E8V1CB6 tp'UP Pvian'. 4emro8Msix TNNul I P0. 9p1('JEP E9'9j va00 01 B111P TR.POO4. : (019191hUB4 025 (0141 SN%C1 :me Mq*Npl..41M 'n1m¢n 00 »4. ERI LENT eny,s Poe, C Y4 Pmen. R>'e MNIELE. 16L1414 IIn AYE1t N41w41C1ry iM.mpP. :iElaquieui'wE riati ALLIED E49M1ELMI010Gv Cpnud Pi spn; POOP Mn A08r444 !OH 'N Ens, ONE. 51e. ink 64np4Pp, CA L414nn50. ll1415404222 fu (651I 041-072( t040ERGRECNM'IC4. Et^ ENOINEERS.Nt ,0 461 Noon: Bpr5M10M. 4kr441 'E125 C0rrmr50..191A EIS. 6v C.NR C492,1' 44r.inene I 150(114980' fa l895:>15Xr6 0(y[Ml EAALTOR PROJECT DATA PROJECT DESCRIPTION cum, DOMMEPEI.M SPACE W111.04 EANME STORAGE. PSEC05914LEN4t4'RAN, !N...040049NNG AND 1R180I1:0804CY PR0.42' IOGATIO0 EJrA�N•'SNI,AND MIME, 4ATIONAL EIh, CA00:08NI401B60 :FOAL 004000'09 .5W A. 5952590II.D1 :ONE •CGI DENCRPlfd94PRCl4. O0001'07YPE AIICW[E .04994PC4, C[Lw4NCY GROUP ,.Q. 6PPINx�EP6 ^�,� "GATE.......�1.Y NI.MBeP OP S'CPIFS 1]18PP0J0 NOLLOMPLYV0n 1�� I'ION60P 5NE C.tPO1WD. EULDWGNL AIBICODN0NMEC4004L E00195l41ME 004 i0l;On204094 104520SS ELECTRICAL E00E. MICw A00A16 5N81E91 u9C, B0p0UNC, 10000PGSNp 1K k01HkC IND NS400006 MATERIALS'Mlt B4 Si DRI'D AND10R UBEOWPNININF DIEING wN1CN F9'LEE09 iNE 000402 RIE9 LIBTED I0 )BL1S9IEG 10 AND ft' �`A N" ROVED M LV S!S 1 PAP10 98PA APP 394090°"1""4 OF NATiONAL CITY FIUBAL'M SV14DR10 N61G�1' FLUTING DDEP VED MAY 2 7 2010 Natrona u1Y Planning Division Na[tnnal Cq?, en 91950 ff DA DO RN AAP NISam a•, A D. N15[1 No A-1 01 S,0E15/ 6r- �S/ k' EMU G~ .—!' EMU TOE'x OVPPNABOAnO I OUR PIPE PEBIBTM WALL BND (fl RW LL1 NlALL FIXTURE INSTALLAT19PLREMA . 0' ix16ND80 PNUNG I „r Mlc I+w IX.Non+I, � 2O re an. ane neU18418 +BVN BDMD WALL PANELS WIlY!! !TELL CCLTN APB' UNIT "A" e.E..0.o0SP IMP, Tie PEBIPTIVE DVEVM WARD WMl PANQLE oouela lTUoi AR.TON tV6a eIEFL CO AB STEEL COLUMN EXDXr266 \ �A. J A GR UND FLOOgp64 ELEVATE 6J NOTE: 1.' WALL AND CEILING MATERIALS SHALL NOT EXCEED THE FLAME SPREAD CLASSIFICATIONS IN USG TABLE 0. "FENESTRATION OF FIRE RESISTIVE WALLS, FLOOR, CEILING AND ROOF CEILINGS SHALL SE PROTECTED A8 REQUIRED IN UBC SECTIONS 70E AND TIC' f "ONLY ONE REEETROOM IS PROVIDED. EMPLOYEES NA.L NOT EXCEED MORE FOUR" A SUSPENDED CEILINO SHALL COMPLY WITH UK TABLES ESA & IB-0 01 11 <.00 Wi .H 80 Ex[C PR 000 onlO AB rv0 A-2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 25 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit to allow gold buying at an existing check cashing business at 1539 East Plaza Blvd. (Applicant: Steve Rothman) (Case File 2010-16 CUP) PREPARED BY: Martin �Reeder DEPARTMENT: D G oyment Svcs/Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The project site is small commercial center on the northwest corner of East Plaza Boulevard and Palm Avenue within the Limited Commercial (CL) zone. The applicant is proposing to offer gold buying as an additional service to the customers of Uncle Buck's, an existing 1,742 square -foot suite in the center. Gold buying is allowable as an accessory use to a check cashing business, a permitted use in the CL zone. All transactions are required to conform to standards as set forth by the Department of Justice. The applicant operates another similar business in the San Diego County area, which follows these standards and whose same operating plan will be utilized at the National City location. The Planning Commission held a hearing on July 19, 2010, at which time Commissioners asked questions regarding state requirements for gold buying businesses. The Commission voted to approve CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA (existing facility, no expansion) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores. ATTACHMENTS: Planning Commission Resolution No. 17-2010 Location Map 3. Site Photos 4. Operating Plan (Exhibit A) • RESOLUTION NO. 17-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW GOLD BUYING AT AN EXISTING CHECK CASHING BUSINESS AT 1539 EAST PLAZA BLVD. APPLICANT: STEVE ROTHMAN CASE FILE NO. 2010-16 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit to allow Gold Buying at an existing check cashing business at 1539 East Plaza Blvd_ (APN: 557-250-12), at a duly advertised public hearings held on July 19, 2010, 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. 2010-16 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on July 19, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing commercial use. That the site has sufficient access to Plaza Blvd., an arterial street, and Palm Avenue, a collector street, that are designed to carry through traffic, and since no building expansion is proposed and the proposed use is accessory to the existing use. It is anticipated that the accessory use would not result in a substantial increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with a commercial use which is permitted in the Limited Commercial zone. That the proposed use is deemed essential and desirable to the public convenience, since it will provide an additional service at this location which is in demand among consumers. i BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes gold buying at Westem Check Cashers, Inc., dba Uncle Buck's, at 1539 East Plaza Blvd. Except as required by Conditions of Approval, all business activities at this location shall conform with the description as provided in Exhibit A, Case File No. 2010-16 CUP, dated 5/26/2010. 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 Attomey 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. Any plans submitted for improvements as part of this proposal 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 accessibility regulations Fire 6. Any plans submitted for improvements as part of this proposal 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 7. At no time shall gold or any other precious metal buying be conducted as the sole use at this location. 8. No second hand items shall be sold or otherwise made available to the general public from the business without modification of this Conditional Use Permit. Items may only be resold to designated disposition company (e.g., smelter, recycler). 9. This Conditional Use Permit shall be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator 2 is found to be in violation of any state, or local law regulating Secondhand Dealers in accordance with Section 18.116.170. Police 10.Within 24 hours of all gold buying transactions, a copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police Department for review. 11.The precious metals purchased shall be held for a period of 60 days prior to recycling to allow adequate time for the Police Department to review the items in conjunction with a potential theft, burglary, or other criminal activity. 12.The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at all times, shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to Secondhand Dealers. 13.Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the licensed pawnbroker or secondhand dealer shall report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. 14. The applicant shall digitally photograph the identification of the individual selling the item for recycling. The photographs shall be retained and the items being purchased for a minimum period of 60 days. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 19, 2010, by the following vote: AYES: Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: • CG 0 „. gl Vc1 CG-PD 1 Subject Parcel — — — Zone Boundary RM-2 -PD C) ! 1104 r CL O u) ✓ 1240 1 1 1017 1027 TO 0) 3 D D 1109 N CO E. 11th St RS-2 1 a 1113 c0 N CD r CO 1117 1 1 1121 1 ;' - -E- 12th-St CO ✓ Cr) M CC) r 3 D cD O CC) r CG-PD I I I !Feet 0 90 180 360 • APN: 557-250-12 Planning Commission Location Map 2010-16 CUP 4 07.0.7.10 2010-16 CUP — 1539 E. Plaza Blvd. — Uncle Buck's — Site Photos Existing building looking east from parking lot Uncle Buck's foyer and service windows 5 City of National City Conditional Use Permit Application Western Check Cashers, Inc., dba Uncle Bucks 1539 E. Plaza Blvd., C National, CA 91950 2_0\ - k (o Ct.UP EXHIBIT A CASE FILE NO. 2010-16 CUP DATE: 5/26/2010 iK Re: REQUEST SECTION (page 2) The request for the CUP is solely for ADDING A NEW SERVICE to an existing business, Uncle Bucks. Current operatons include check cashing, payday loans, Western Union and utility payment services. We have already obtained our Second Hand Dealer's License (copy attached) from the CA Department of Justice. We are currently offering gold buying service at our location in Oceanside, CA (license copy attached). Our procedure is: Customer presents item(s) which they want to sell. After examination of item (weighing and inspection) we offer customer our purchase price. Upon acceptance from customer, we obtain copies of the customer's valid picture identification, a right thumbprint, and completed CA JUS123 form (sample enclosed). This is the form required by the Police Department and DOJ. We cannot conduct any transaction without the above customer requirements. Within 24 hours, a copy of CA JUS 123 and the customers Ill is submitted to the Police Department for their review. We never remove an item from the premises (see attached pictures) for a minimum of 30 days. We do not sell or re -sell any item to the public. We only BUY, which is why the Second Hand Dealer's License is required. Western Check Cashers, Inc. has been in business throughout San Diego County since 1980. Thank you for your consideration and please contact me if you have any questions or comments. ot,v- Steve Rothman, Owner WESTERN CIIECK CASHERS, INC. dba UNCLE BUCKS 1539 E. Plaza Blvd., C National City, CA 91950 619-787-4466 steverothman777@gmail.com APPROVED CITY OF NATIONAL CITY PLANNING DEPT. DATE o -1 b c-A-4-43 7 f 2°hl o 8Y_.1iM s 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 26 'EM TITLE: TEMPORARY USE PERMIT — 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16'h Street on September 11, 2010 FROM 6am to loam. This is a City -sponsored event with waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighborhood Services Division APPROVED BY: This is a request the National City Fire Department to host the 9th annual 9/11 Remembrance Ceremony at Fire Station #34 located at 343 E. 16th Street on September 11, 2010 from 6am to loam. This is event will be in remembrance and salute to the 343 firefighters who made the supreme sacrifice on September 11, 2001. Breakfast may be served from 7am to Sam. Retired FDNY Firefighter Brennan Savage may be the key note speaker. The NCFD and NCPD color guard may present the flag salute. The applicant is requesting street closures on D Avenue in front of the Fire Station in order to park fire apparatus. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP, plus $247.65 for Public Works. Total fees are $484.65 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A i(li511/ AV/iv ATTACHMENTS: placation for a Temporary Use Permit with recommended approvals and conditions of approval. Actual Event flours: 6 a}h/prn to 10 Iln/pm Setup/assembly/construction Date: 9 / 1 1 / 1 0 Start time:6 : 00a . m Please describe the scope of your setup/assembly work (specific details): Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other Event Title9/11 Remembrance Ceremony X Community Event Block Party Event Location: Station#34, 343 E. 16th Street Event Date(s) _ From 9/ 1 1/ 1 0to9 / 1 1/ 1 0 Total Anticipated Attendance- 6 0 Montn/llaylyear ( 70 Participants) (40 Spectators) Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event_ Include street name(s), day and time of closing and day and time of reopening_ "D" Avenue from 15th to 16th Street. From 0600-1000 on Saturday, September 11, 2010. Sponsoring Organization: Nati ona 1 Cit y__F__ise Dept . Chief Officer of Organization (Name) Frank Parra Applicant (Name): Don Miner For Profit Not -for -Profit Address: 343 E. 16th Street, National City, CA 91950 Daytime Phone: /6ig)33b-4555 Evening Phone: ( ; Fax: (619 336-4562 Contact Person "on site" clay of the event:pon M1_ner Pager/Cellular. (760) 71 5-6385 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? j YES NO Are admission, entry, vendor or participant fees required? YES X NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event'? Please provide a DETAILED DESCRIPTION of your event Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. The National City Firefighters for the 9th Annual remembe rance and salute to the 343firefighters who made the supreme sacrafice on 9/11/2001. Breakfast may be served from 7:00a.m. until 8:30a.m. Retired FDNY Firefighter Brennan Savage may be the key note speaker. The NCFD and NCPD color guard may present the flag salute. This request is to shut down D avenue in front of the Fire Station in order to park fire apparatus. YES x NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES X NO Does the event involve the sale or use of alcoholic beverages? _ YES X- NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. --X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 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 for tents or canopies. X YES _ NO Will the event involve the use of the City stage or 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. v 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 i tt-i ftb) SGs''jb &'1 pS • Fencing, barriers and/or barricades • Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers v 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: 3 Please describe your procedures for both Crowd Control and Internal Security: NCPD wi 11 be on site for crowd control and internal security. YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X 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. NCFD will be on site for providing first aid and eanipment Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sidewalks will not be blocked in order to allowaccess to individuals with disabilities. Please provide a detailed description of your PARKING plan: Parking will be provided behind Fire Station #14 Please describe your plan for DISABLED PARKING: park ng.fzIr di Sail Pr3 indi_vi duals wi 11 he; Provided behind Fire Station #34- 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Notices of residents hnginpsspand churches will be distributed two weeks prior to the event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YESX NO Will sound amplification be used? If YES, please indicate: Start time: Number of Bands: am/pm Finish Time am/pm YESX 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: YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES XNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes 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. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization City of National City Fire Department. Type of Organization City (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X 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 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 Re: Temporary Use Permit — 9/11 Remembrance Ceremony September 11, 2010 CO Station #34, 343 East 16th Street Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division • Staff will barricade affected streets and remove them when the event is over • Staff will not post "no parking" signs in affected streets before the event. • The cost to provide Street personnel is estimated to be: a. OT Man hours 5 x $32.57 $ 162.85 b. Equipment 5 x $15.86 79.30 c "No Parking" signs 6 x $.45 ea 2.70 d Barricades 8 x $0.35 ea 2.80 e. Total $ 247.65 Park Division No involvement Facilities Division No involvement In the event tables and chairs are requested for this event Public Works will amend its recommendation to include this cost. Unless waived by the City Council, the applicant shall pay $1,785.63 for staff costs associated with this permit These costs were estimated as follows: Street Division $ 247.65 Acct #001-422-221-102-0000 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. 27 EM TITLE: TEMPORARY USE PERMIT — Pumpkin Station hosted by Pinery Christmas Trees at Plaza Bonita from September 24 to October 31, 2010 with no waiver of fees.: PREPARED BY: Vianey Rolon DEPARTMENT: Neighborhood Services Division PHONE: (619) 336-4364 EXPLANATION: APPROVED BY: This is a request from Pinery Christmas Trees to host the annual Pumpkin Station at Plaza Bonita Mall from September 24, 2010 to October 31, 2010. Daily hours will be from 10 a.m. to 9 p.m. This event will include children's rides, games, popcorn, sodas, as well as the sale of pumpkins. Five (5) canopies will be on site. Halogen lighting, string lighting, and light towers will provide illumination throughout the evenings. First Aid kits are located on location, as well. Private security will be present during high -traffic periods each day. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP, plus Fire permits fees TBD Total fees are $237.00 (not including Fire fees) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Plication for a Temporary Use Permit with recommended approvals and conditions of approval. 71v f) »ppLicaf d» Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other Community Event Block Party Event Title: PGA1Ytp/`/) SIAMeed I /71 �! nj %hoc! . .O-h ! -,�c ►-am et) Event Date(s): From /Z y to / e/3 / Total Anticipated Attendance: Event Location: j30I1/71 . PGaza 9 Month/Day/Year Actual Event Hours: Ad pm to 9 am Setup/assembly/construction Date: d Start time: Vi4 /J'J ( Participants) Spectators) Please describe the scope of your setup/assembly work (specific details): .Z STt�LL 4-4rr.�v ' .sti2-1 .t TY/C4 Dismantle Date: / r Completion Time: am ii/..3^// O Applicant (Name): n Sponsoring Organization: !/) Chief Officer of Organization (Name)J Rrytas. H List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. OA ✓JeY 0hrJ077745 <1,4eS/ For Profit ^S �� ,Nf rofit .5; ct2S aJ2"42 Address/0 ( S rtiD0.k--vj i&1 t F • )o D i jZ qaa/3/ Daytime Phone: .�%L 7 / (t Evening Phone: L) SGLY4`Q' Fax: (� ? 5-3b ' !$ 7 Contact Person "on site" day of the event M/ 61 .'2i4,_ ¢ Pager/Cellular: O ao - 70 / NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? YES 4 NO YES Vi NO if YES, please explain the purpose and provide amount(s): $ ISd OOD Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ IZArm t D 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. �1-t-1-a ciu. J YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES )CNO 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: fun, jCiA 5-1 JilLIV•e„ e► elm, GAr^Gf soda fop°YA/ 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. XYES - NO Does the event involve a fixed venue site? If YES, attach a detailed site rnap showing all streets impacted by the event. ,YES NO Does the event involve the use of tents or canopies? If YES: J Number of tent/canopies ,jr Sizes /— 3e y30 .2 - si d X lid I -20X 2.0 NOTE: A separate Fire Department permit is required fo/ tents or canopies' YES )41O Will the event involve the use of the City stage or PA system? In addition to the route rnap 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_ r- Food Concession and/or Food Preparation areas Please describe how food will be served at the event: f petOVAJ t? L`9 /4. 1f you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): i Portable and/or Permanent Toile acilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs ➢ Fencing, barriers and/or barricades • Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ▪ Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion, of the event the area must be. returned to a clean condition.) Number of trash cans: a 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: n Please describe your procedures for both Crowd Control and Internal Security: IV L r1YJ vu,/J s e e44,077.79 y1444.05 duvi./ y 611 s a2s o < tip jeaL t P/7; _ YES SO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: )CYES 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:: e. KS hiLoS.ent l �f%'i-/h�j L/9f11 S e LfA?`� Pleale indicate what arrang ment yo.have prQvig`rs�id 5taffip ra� quipme h4i F �! j-aS-den( /L` Please describe your Accessi lity PI n for acces at your,event by individuals with disabilities: - .�.,�r �►��-.e Aa, idicsp fa ijli,� ra%s . -7' 's PI e provide detailed d scr' Lion of Your� RKING plan: � j�4 ncca-ve.i 1 _ ZemAY-4 P__43_4_p_igAZily /07 Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES }(NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES )(NO Will sound amplification be used? If YES, please indicate: Start time: amlpm Finish Time am/pm YESX NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time . am/pm Please describe the sound equipment that will be used for your event: YES KNO 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 Event: for Office Use Onfy 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. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arts ut of or related to the use of public property or the activity taken under the by the permittee or its agents, employees or contractors. Signature of Appli Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR WAIVER OF FErS 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 ice Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please 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? Yes Please provide an explanation and details. (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to c government such as the generation of sales tax? Yes (Please provide an explanation and detai No (Please proceed to Question 6) 6. Will the proceeds provide a direct fina r cial benefit to a service club, social services agency, or other sec ar non-profit organization located within the city such as Kiw. is, Rotary, Lions, Boys and Girls Club? Yes (Please provide an ex - Ianation and details. No (Please procee e to Question 7) 7. Will the proceeds pro de a direct financial benefit to an organization, which s been the direct recipient of Community Development Block rant (CDBG) funding? Yes Year f nds were received: Funds were us to: No lease sign the form and submit it with the TUP Application) Signa re Date 9 c-r1-\ ) c o A z o�5 �ja�.-vsp ca2 /`t7_,P j /Q -H.1-2)0` VestRek[ Plaza Bonita June 3, 2010 City of National City Building & Safety Department 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Pumpkin Station Westfield Plaza Bonita Dear Building Department: 3030 Plaza Bonita Road #2075 National City, CA 91950 T 619.267.2850 F 619.472.5652 I hereby authorize Norm Osborne, acting as representative of Pinery Christmas Trees, Inc., to operate a business known as Pumpkin Station in parking lot #7 at Westfield Plaza Bonita during the dates of September 20, 2010 through November 4, 2010. • Norm Osborne has permission to install temporary power to poles in parking lot #7 to provide power during the Pumpkin Station occupancy if adequate power is not already in place. Norm Osborne will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita_ Please call me I if you have any additional questions. Thank you. Sincerely, Ryan Pert -CSM General Manager Westfield Plaza Bonita Cc: Retailer's File Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined. We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, lil' toot ride, inflatahle slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (3 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from 1# size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. Signage We have 2 signs — on at our entrance (4' X 8) and one on our storage trailer (10' X 40'). Experience This is our 12`h year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad, 7 years at Mission Valley Shopping Center in San Diego and the last 8 years at Bonita Plaza Shopping Center 3 years at Parkway Plaza in El Cajon and 3 years at the Del Mar Fairgrounds. City of National City Fire Department Phone (619) 336-4550 TEMPORARY USE PERMIT - STIPULATIONS DATE: July 20, 2010 TO: Vianey Rolon, Neighborhood Services FROM: Robert Hernandez / Fire Marshal SUBJECT: Pumpkin Station DATE: September 24 — October 31, 2010 `Please see note below* Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Fire hydrants and fire department connections shall not be blocked or obstructed at any time. 6) Exit to be maintained in an obstructed manner at all times. Exit way to be clear of all obstructions. 7) Exits to be posted - EXIT. 8) No open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted - NO SMOKING. 9) Extinguishers to be mounted in a visible location between 31' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 10 Internal combustion power sources that may be used for inflatable rides shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 11 Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 12 Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from all tents and canopies. 13 Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 14 If tents or canopies are used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame spread shall be provided to the National City Fire Department if applicable. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - 201 — (+) sf - $200.00 $400.00 15 Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 16 All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 17 A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 18 Fees can only be waived by City Council. 19 First Aid will be provided by organization 20 Fees can only be waived by City Council. Note: Organizer shall contact the National City Fire Department for cost associated with tents which will be used for this event If you have any questions please feel free to contact me. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: August 3, 2010 AGENDA ITEM NO. fEM TITLE: IA resolution approving an Agreement for economic consulting services not to exceed $75,000 with Keyser Marston Associates (term two years). (Developer Deposit and Low Mod Housing Fund PREPARED BY: (Patricia Beard PHONE: 42551 DEPARTMENT: Re elopr Division APPROVED BY - EXPLANATION: Keyser Marston Associates ("KMA") is a highly qualified economic consulting firm serving public agencies in the San Diego area and throughout California. The CDC has utilized the firm's services for a variety of projects over the years. Currently, the firm is assisting the Redevelopment Division with development agreements for the Gateway at the Mile project and Westside Transit Oriented Development ("TOD") because developers for both projects preferred them over other competitively sought firms. A previous as -needed contract with KMA expired on June 30. Staff desires to retain KMA to continue assisting with these projects through project completion. A developer deposit is paying for their services for the Gateway at the Mile project and the Low -Moderate Housing fund is paying for analysis related to the TOD. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in the low -mod housing fund for the TOD project analysis. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Agreement. RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES FOR THE NOT -TO -EXCEED AMOUNT OF $75,000 TO PROVIDE ECONOMIC CONSULTING SERVICES RELATED TO THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT AND GATEWAY AT THE MILE COMMERCIAL PROJECTS WHEREAS, the Community Development Commission ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, in implementing said Redevelopment Plan, the CDC is negotiating for potential redevelopment projects known as the Westside Infill Transit Oriented Development and the Gateway at the Mile commercial projects; and WHEREAS, Keyser Marston Associates is a qualified real estate and economic consultant, and was selected in a CDC -directed competitive process by the respective developers of both projects; and WHEREAS, the CDC desires to retain Keyser Marston Associates for the not -to - exceed amount of $75,000 to provide economic consulting services until the transactions for these projects can be completed. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Agreement by and between the Community Development Commission of the City of National City and Keyser Marston Associates for the not -to -exceed amount of $75,000 to provide economic consulting services for the Westside Infill Transit Oriented Development and the Gateway at the Mile commercial projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of August, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KEYSER MARSTON ASSOCIATES, INC THIS AGREEMENT is entered into this 3rd day of August, 2010, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and KEYSER MARSTON ASSOCIATES, INC, an economic consultant (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide economic consulting services related to the the Westside Infill Transit Oriented Development and Gateway at the Mile commercial project; and WHEREAS, the CDC has determined that the CONSULTANT is a economic consultant and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A ". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress i and execution of this Agreement for the CONSULTANT. Gerald Trimble thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $75,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6_ LENGTH OF AGREEMENT. This agreement shall be in affect until June 30, 2012. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall, with the exception of Consultant's proprietary computer models, become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement - May 2008 revision Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. Alt agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. 3 City's Standard Agreement — May 2008 revision A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 8. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the fumishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this 4 Citys Standard Agreement — May 2008 revision Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of 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 CONSULTANTs negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 5 City's Standard Agreement- May 2008 revision 3 G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 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 National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally, by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written 6 Citys Standard Agreement— May 2008 revision notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT] for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such 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 CDC: To the CONSULTANT: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Gerald M. Trimble, Managing Principal Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego CA 92108 Telephone 619-718-9500 7 Citys Standard Agreement — May 2008 revision If 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 Cdys Standard Agreement — May 2008 revision 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 Taws 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 isof equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each .such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia G. Silva CDC General Counsel 9 KEYSER MARSTON ASSOCIATES, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole torship — one signature) G Vice President and Managing Principal Diane M. Chambers Secretary City's Standard Agreement — May 2008 revision 5 Exhibit A Exhibit A for Keyser Marston Associates, Inc Keyser Marston Associates, Inc shall provide economic consulting services to the CDC for the Westside Infill Transit Oriented Development and the Gateway at the Mile commercial project including, but not limited to: • Market support and valuation — market demand analysis, identification of appropriate development programs, and projection of absorption potential and achievable rents and prices. These services include working with community members and stakeholders and planning and design professionals to evaluate the development potential both commercial and residential for specific districts and neighborhoods; • Fiscal and Economic Impact — preparation of fiscal and economic benefits for proposed projects including in -fill residential and commercial uses. These assessments consider the potential impacts of a development proposal on the surrounding community, the level of property and sales tax generation and potential benefits in terms of jobs/housing; ■ Financial analysis — reviewing the financial feasibility of proposed development projects. This may include comparison of competing proposals, identification of supportable land value, or, alternatively, need for "gap" financing and assessment of the overall feasibility of alternative development concepts. These activities include pro forma analysis and may include actual negotiations with developers and/or property owners; ■ Identification of financing sources — especially as regards affordable housing projects layering of various private and public resources may occur — including competitively awarded local, state and federal resources. KMA will assist the CDC in implementing affordable housing and mixed use projects; ■ Transaction structuring and negotiations — provide assistance as requested with developer solicitation and evaluating developer proposals from qualified developers/property owners. Assistance will be provided in negotiating terms of land sales, lease transactions and public financial assistance; • Preparation of Reuse Analysis and Summary Reports — Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for the purpose of private development. KMA will prepare the Summary Report to be used by the CDC comparing the fair market value of the property at its highest and best use, the reuse value of the property subject to any covenants and/or conditions imposed and the CDC's costs under a proposed development agreement; • Participate in public meetings and presentations as requested; and ■ Provide additional related services as requested. KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2010/2011 A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS* $280.00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. Rates for individuals in these categories will be increased by 50% for time spent in court testimony. ACORD® CERTIFICATE OF LIABILITY INSURANCE PRODUCER (415) 957-0600 FAX: (415) 957-0577 MOC Insurance Services License No. 0589960 44 Montgomery St., 17th Fl. San Francisco CA 94104 THIS CERTIFICATE IS ISSUED AS A MATTER O ONLY AND CONFERS NO RIGHTS UPON TH HOLDER. THIS CERTIFICATE DOES NOT AMEN ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW DATE (MMIDDIYYYY) 7/26/2010 F INFORMATION E CERTIFICATE D, EXTEND OR INSURERS AFFORDING COVERAGE NAIC # INSURED Keyser Marston Associates, Inc. 55 Pacific Avenue Mall San Francisco CA 94111 INSURER A: Hartford Casualty Ins Co 29424 INSImERB:Republic Indemnity Company of c_National Union Fire Ins Co INSURER 22179 19445 INSURER D INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OISUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'LI NSRW TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD POLICY EXPIRATION DATE (MMIDDIW) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 57UUNUP0340 11/11/2009 12/01/2010 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50, 000 CLAIMS MADE LXJ OCCUR MEDEXP(AN Doe person) PERSONAL & ADV INJURY $ 5,000 $ 1,000,000 $ 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY PRO- JECT ! A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp Ded. $ 1000 57UUNUP0340 11/11/2009 12/01/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X X r PROPERTY DAMAGE (Per accident) $ Co11 Ded. $ 1000 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS I UMBRELLA LIABILITY 57RBUUN9941 11/11/2009 12/01/2010 EACH OCCURRENCE $ 4,000,000 X OCCUR L J CLAIMS MADE AGGREGATE $ 4,000,000 DEDUCTIBLE RETENTION $ 10,000 $ $ X $ B WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe SPECIAL COMPENSATION LIABILITY Y I N 03954615 12/01/2009 12/01/2010 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 In NH) under PROVISIONS below E L DISEASE - POLICY LIMIT $ 1,000,000 C OTHER Professional Liability -Claims Made 913465519 Retro Date 10/05/1976 11/11/2009 12/01/2010 $1,000,000 Limit Each Act $2,000,000 Limit Aggregate st 00 DOG Rrtent ion Each Act DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is included as Additional Insured as respects General Liability and Automobile Liability per attached endorsements. Re: Agreement to Provide"as needed" zeal estate economic advisory services. Policies constitute primary insurance as to certificate holder Workers Comp - a waiver of subrogation has been requested and will be added via endorsement. CERTIFICATE HOLDER CANCELLATION Community Development Commission City of National City, its officers, agents, and employees 1243 National City Blvd. National City, CA 91950 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL YINI XX .MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, dreVaillg4 YAX ACORD 25 (2009/01) INS025 (20os0T) AUTHORIZED REPRESENTATIVE Donna de Fabio/DDF .]�C1+vvw�.. `-'r`Ciko ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such 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 (2oosm) CG20101001 Policy Number: 57UUNUP0340 Effective Date: 11/11/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Community Development Commission of the City of National City, its officers, agents and employees It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. Section II — Who is An Insured is amended to include as an insured, the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: 2. Exclusions: This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) 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 performing operations for a principal as a part of the same project. CG20101001 ,wv�' CERTIFICATE OF LIABILITY' INSURANCE 11E6/2 009 PRODUCER (415).957-0600 FAX: (415) 957-0577 MOP Insurance Services I uTse No. 0589960 4.. Montgomery St. , 17th Fi. Francisco CA 94104 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 NAIL # Er Keyser Marston Associates, Inc. 55 Pacific Avenue Mall San Frai cisce CA 94111 wMSMaARepub1ic Indemnity Company of 22379 INSURER er ILSURERC INSURER 7DF INSURER'W. COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCLES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JSS BR LIR A1O% aim . 7YPF0l1NSURAMGE. POLICY NUMBER POLICY EFFECTIVE DATE fMM OO,YYYYI POLICY EXPIRATION DATE IMNYDDIYYTH IJLOTS GENERAL LIABILITY EJACH OCCURRENCE i cot.en Nut GENERAL UABLTTY DAMAGE70 RENTED S CLAIMS MALE OCCUR PREMISES fEs ammoncel heEDEUW (Any one person) S. PERSONAL &AM!WRY 5.-. GENERAL AGGREGATE i. GEHLAGGREGATE tam APPLES PER: —1 PRODUCTS-COW/OP AGG S POLICY 1-1f LOC AUTOMOBILE _ LIABILITY ANY AUTO - COMBINED swam LIMIT (Et accident) s — All OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par Person)— S HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Psr solderd) s !' 1 (� GE $ GARAGELW8UUTY AUTO ONLY- EA ACCIDENT 5 ANY AUTO OTHER TFIAM EA ACC. i AUTO ONLY: AGG i' EXCESS"I UMBRELLA LIABILITY EACH OCCURRENCE i IOCCUR I I CLALNS MADE AGGREGATE S 1 — DEDUCTIBLE S RETENTION i 5. A WORKERS AND EMPLOYERS' COFLPLULSATION LIABILITY 1 X #T LR - 1 1 EAR ANY PROPRIETORIPARTNERIEXECUTWE OFACERIIENBER YIN EKQLDEO, ❑ EL EACHACC/DENT S 1,000,000 '9ieYMTIQ 03954615 12/1/2009 12/1/2010 "ELDISEASE -EAEMPLOYEE i _1,000,000 ysallss SPECIAL PROVISIONS balm ELOISF.RE-POUCYuMfT i 1,000,000 OTHER DESCRIPTION of OPERATIONS! LACATJONS !VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT, SPECIAL PROVISIONS Workers Comp - a waiver of subrogation has been requested and will be added via endorsement. CERTIFICATE HOLDER CANCELLATION Community Development Commission City of National City, its officers, agents, and employees t143 NaliGnal National City, CA 91950-3312 G4-c-i BiNtd. SHOULD.ANYOFTHEABOVE DESCRIBED POLICIES DECANCEU.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Viu. X (MA . 30 DAYS WRITTEN sant:aTO THE CERTIFICATE HOLDER NAMED ID THE LEPT,M0184XIMMMIX AUTHORIZED Julie Franck/JFR A....,.... 26 (2009/01) INS026 (20oso1) 4)1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks or ACORD RICERS' COMPENSATION AND EMPLOXERS' LIABILITY POLICY WC040306 (Ed. 4-84) Waiver of ©ur Right to Recover From Others Endorsement - California' We have the right to recover our payments from anyone liable fax an injury -covered by this policy. We will not enforce onr;night against the person or organization .named in the Schedule. This a extent that yonperfomr work under a _ greement applies enlyto the written contract thatregnires you to obtain this agreement-fiamros. You most ma n1einpayrollrecords accurately segregating the remuneration of your employees while engaged in the work described in tie' Schedule. The additional premium for this endorsement shall be 5 0 0% ofthe California workers' compensation luemium otherwise due on such remuneration Schedule Person or Organization Job Deacriptton COMMUNITY DEVELOPMENT COMMISSION RE: ALL CALIPORNIA OPERATIONS oP CITY OF.NAXONAL CITY, ITS 'PEE NAMED INSURED. OFFICERS, AGENTs,'_AND EMPLOYEES 11G -13 12111 NT, 0IIITE D I24.3 Kin. hor,a.( Ci1tj ti)vd. NATIONAL CITY CA 91950-3312 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Republic Indemnity Company of America Contpany No. 19739 Insured: KEYSER MARSTON ASSOCIATES INC Policy Number. 039546-15 Eadmaement Number. 14 Endorsement Effective: December 01 2009 Form No. WC306 10/93 Printed on: October 19, 2009 I 1111 IIIt111lh IIUII I IIIQ tIf IIIII 11I 1111 IQI1111111t11111111011I1I11111fB11111i11' Producer Copy ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 3, 2010 AGENDA ITEM NO. ! 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $354,174.64 to the City of National City for the period of 06/23/10 through 6/29/1 d; PREPARED BY: 'K. Apalategui PHONE: 619-336-4331', DEPARTMENT: APPROVED BY: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $354,174.64 ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: warrants for the period of 06/23/10 through 06/29/10 PAYEE CITY OF NATIONAL CITY G.A. DOMINGUEZ LASER SAVER INC PRO BUILD PRUDENTIAL OVERALL SUPPLY STRATACOM VISTA PAINT KOCH ARMSTRONG NINYO & MOORE TORREY PINE BANK WADE & ASSOCIATES SECTION 8 SECTION 8 HAPS PAYMENTS YROLL Pay period 13 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #52 6/29/2010 Start Date 6/1/2010 DESCRIPTION PETTY CASH MAY 2010 FINAL PAYMENT MOP# 45725. INK CARTRIDGE MOP# 45707. PAINTING SUPPLIES. MOP# 45742. LAUNDRY SERVICE MOP# 63845. BUSINESS CARDS MOP# 68834. PAINT CONSTRUCTION FOR MARINA GATEWAY MARINA GATEWAY STREETSCAPE MARINA GATEWAY RETENTION BAY MARINA GATEWAY Start Date 6/9/2010 End Date 6/14/2010 End Date 6/15/2010 Check Date 6/23/2010 CHK NO 236972 236973 236974 236975 236976 236977 236978 237007 237015 237047 237050 DATE AMOUNT 6/29/10 73.37 6/29/10 6,552.68 6/29/10 217.20 6/29/10 239.76 6/29/10 66.70 6/29/10 70.24 6/29/10 453.20 6/29/10 215,879.54 6/29/10 1,124.50 6/29/10 23,986.61 6/29/10 11, 514.00 A/P Total $ 260,177.80 13,734.35 80,262.49 GRAND TOTAL $ 354,174.64 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 52 6/29/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 34, 371.65 2,027.88 314,957.94 2,817.17 354,174.64 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 3, 2010 AGENDA ITEM NO. !30 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $677,982.13 to the City of National City for the period of 06/30/10 through 7/06/10 PREPARED BY: K. Apalategu PHONE: 1619-336-43311 DEPARTMENT: APPROVED BY: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $677,982.13 ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: Warrants for the period of 06/30/10 through 07/06/10 PAYEE CHRISTENSEN & SPATH LLP DESROCHERS EDCO DISPOSAL CORPORATION GE CAPITAL GEOSYNTEC CONSULTANTS NORDBY BIOLOGICAL CONSULTING PRUDENTIAL OVERALL SUPPLY SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY TIERRA WEST ADVISORS INC VERONICA TAM & ASSOCIATES SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #1 7/6/2010 DESCRIPTION AGREEMENT FOR LEGAL SERVICES RETIREE HEALTH BENEF JUL 2010 WASTE DISPOSAL FOR CDC INSTALLMENT FOR COPIER RENTAL ENVIRONMENTAL CONSULTING ATTEND AGENCY MEETING MOP 45707 LAUNDRY SERVICES GAS AND ELECTRIC UTILITIES MOP 45704 OFFICE SUPPLIES WATER UTILITES FOR CDC PROFESSIONAL SERVICES CONSULTANT AGREEMENT Start Date End Date 6/30/2010 7/6/2010 CHK NO DATE AMOUNT 237054 7/6/10 550.00 237055 7/6/10 110.00 237056 7/6/10 104.75 237057 7/6/10 210.43 237058 7/6/10 1,094.60 237059 7/6/10 257.00 237061 7/6/10 53.36 237062 7/6/10 225.11 237063 7/6/10 71.75 237064 7/6/10 87.08 237065 7/6/10 12,095.00 237066 7/6/10 343.97 AIP Total $ 15,203.05 662,779.08 GRAND TOTAL $ 677,982.13 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 1 7/6/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 662, 850.83 343.97 13, 980.33 807.00 677,982.13 :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 3, 2010 AGENDA ITEM NO. 31 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $86,860.59 to the City of National City for the period of 07/07/10 through 7/13/1 t PREPARED BY: K. Apalategui PHONE: 619-336-4331, DEPARTMENT: APPROVED BY: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $86,860.59 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: warrants for the period of 07/07/10 through 07/13/10 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #2 7/13/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT BEST BEST & KRIEGER LLP EXPERT SERVICES /RDA PLAN AMDNT 237292 7/13/10 2,981.75 DANTE'S MODULAR PERFORMANCE ECONOMIC DEVELOPMENT LOAN 237293 7/13/10 1,830.00 DAVID REED LANDSCAPE ARCHITECT PROFESSIONAL SERVICES 237294 7/13/10 109.25 OPPER & VARCO LLP PROFESSIONAL SERVICES 237296 7/13/10 177.00 LOPEZ PARADISE CREEK - 04/13/10 237264 7/13/10 140.00 PAYROLL Pay period Start Date End Date Check Date 14 6/15/2010 6/28/2010 7/7/2010 A/P Total $ 5,238.00 81,622.59 GRAND TOTAL $ 86,860.59 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 2 7/13/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 20, 759.20 2,251.71 60, 890.64 2,959.04 86,860.59 :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 3, 2010 AGENDA ITEM NO. ;32 ITEM TITLE: Investment Report for quarter ended June 30, 2010. PREPARED BY: Jeanette Ladrido, C A DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: See attached report. FINANCIAL STATEMENT: APPROVED: ) l�rj �_ Finance ACCOUNT NO. APPROVED: Staff certifies that there are sufficient funds to meet the CDC's financial needs. ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Accept and File the CDC's Investment Report for the Quarter ended June 30, 2010. BOARD f COMMISSION RECOMMENDATION: 'N/A 'ACHMENTS: — Background/Investment Overview — Portfolio Summary — Quarter ended June 30, 2010. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: ➢ Type of investment or description, ➢ Issuers (bank or institution), ➢ Dollar amount, ➢ Interest rate, • Current market valuation as of the date of the report, ➢ And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended June 30, 2010, LAIF's monthly average effective yield was 0.528%. The investment of debt service reserve funds, the 1999, 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 14.13% of the CDC's portfolio. Federal Agency Securities account for 6.25% of the investment portfolio. The average rate of return is 3.413% The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2010 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type Book Value % of Market Value Portfolio LAI F Federal Agency Securities Cash with Fiscal Agent Totals for June 2010 Totals for June 2009 Portfolio decrease from same quarter last year 15, 291,499.15 1,199, 875.00 2, 712, 910.41 15,316,634.95 1, 204, 327.00 2, 712, 910.41 79.63% 6.25% 14.13% 19,204,284.56 19, 233, 872.36 100.00% 19,894,583.63 -690,299.07 Cash with Fiscal Agent 14.13% Federal Agency Securities 6.25% Investments Liquidity LAI F 79.63% Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 18,004,409.56 0.00 0.00 1,199, 875.00 93.75% 0.00% 0.00% 6.25% 19,204,284.56 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary June 30, 2010 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF Federal Agency Coupon Securities Cash with Fiscal Agent Investments Total Earnings Current Year Average Daily Balance ective Rate of Return 15,291,499.15 15,316,634.95 15,291,499.15 79.63 1 1 0.521 0.528 1,200,000.00 1,204,327.00 1,199,875.00 6.25 1.829 1,598 3,413 3.461 2,712,910.41 2,712,910.41 2,712,910.41 14.13 1 1 0.000 0.000 19,204,409.56 19,233, 872.36 19,204,284.56 100.00% 115 101 0.628 0.637 June 30 Month Ending 10,806.50 19,950,951.23 0.66% JEPipfETTE LADRIDO, FINANCE DIRECTOR Reporting period 06/0112010.06/30/2010 Run Date 07/15/2010 -09.10 Fiscal Year To Date 136,431.04 18,950,415.62 0.72% Fiscal Year Ending 136,431.04 Portfolio CDC1 CP PM (PRF_PM1) SyrnRept6,4^_2029 Report Ver. 5.00 CUSIP Investment# Issuer LAIF SYS10006 10006 LAIF Subtotal and Average Federal Agency Coupon Securities 3133XS4N5 3133XUVH3 3128X93P3 3128X96P0 10001 10007 10018 10019 Cash with Fiscal Agent SYS10013 SYS10014 SYS10015 SYS10016 SYS10010 SYS10011 SYS10012 SYS10008 SYS10009 SYS1D020 Average Balance 16,038,165.82 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Subtotal and Average 1,199,875.00 10013 National City 2004 TAB 10014 National City 2004 TAB 10015 National City 2004 TAB 10016 National City 2004 TAB 10010 National City 2005A TAB 10011 National City 2005A TAB 10012 National City 2005A TAB 10008 National City 2005E TAB 10009 National City 20058 TAB 10020 National City 1999 TAB Reserve Subtotal and Average 2,712,910.41 CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments June 30, 2010 Purchase Date Par Value Market Value 07/01/2009 15,291,499.15 15,316,634.95 09/09/2008 10/06/2009 04/23/2010 05106/2010 07/01/2009 07/31 /2009 07/30/2009 07/01/2009 07/01/2009 07/30/2009 07/01/2009 07/01/2009 07/01/2009 07/01/2009 15, 291,499.15 15,316,634.95 250,000.00 250,000.0D 400,000.00 300,000.00 1,200,000.00 35,618.49 0.31 0.21 0.00 2,344,000.30 2.19 0,94 0.47 0.00 333,287.50 251,650.00 251,470.00 400,472,00 300.735,00 Page 2 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date 15,291.499.15 0.528 0.521 0.528 1 15,291,499.15 250,000.00 249,875.00 400, 000, 00 300,000.00 1,204,327.00 1,199, 875.00 35.618,49 0.31 0.21 0.00 2,344,000.30 2.19 0.94 0.47 0.00 333,287.50 35,618.49 0.31 0.21 0.00 2,344,000.30 2.19 0.94 0.47 0.00 333,287.50 2,712,910.41 2,712, 910.41 2,712,910.41 0.521 0,528 1 4,500 4.438 4.500 1,166 09/09/2013 3.000 2.970 3.011 1,558 10/06/2014 3.250 3.205 3.250 1,757 04/23/2015 3,250 3,206 3.250 1,780 05/16/2015 3.413 3.461 1,598 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.00D 0.00D 0.000 0.000 0.000 0.000 0.000 0.000 0.000 1 Total and Average 19,950,951.23 Run Dale: 07/15/2010 • 09'' 10 19,204,409.56 19, 233, 872.36 19,204,284.56 0.626 0.637 101 Portfolio CDC1 CP PM (FRF_PM2) SyrnRepl 6.41.202b