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2010 10-05 CC CDC AGENDA PKT
Agenda Of The Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — October 5, 2010 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 10/05/2010 - Page 2 PRESENTATION Presentation — Interstate 805 South Project — Joel Haven, Corridor Director - Caltrans 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. 2. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of July 20, 2010 and September 21, 2010. (City Clerk) 3. 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) 4. Resolution of the City Council of the City of National City accepting the work performed by Industrial Coating and Restoration Services, Inc. with the final amount of $80,883.75, authorizing the filing of the Notice of Completion with the County Recorder for the National City Police Department Waterproofing and Staircase Repair Project, and authorizing the release of the retention in the amount of $7,728.38. (Funded through General Funds) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City approving an Amendment to an existing Cooperative Agreement between the State of California and City of National City for the portion of the Plaza Boulevard widening improvements at 1-805 underpass and authorizing the Mayor to execute the Amendment. (Engineering Division) 6. 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 Southern California Soil & Testing, Inc., to extend the Agreement for one year, with option to extend for an additional year, to provide geotechnical materials testing services for City projects on an as -needed basis. (No change to the not -to - exceed amount of $150,000.00 in original Agreement). (Development Services/Engineering Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 10/05/2010 - Page 3 CONSENT CALENDAR (Cont.) 7. 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 Ninyo & Moore to extend the Agreement for one year, with option to extend for an additional year, to provide geotechnical materials testing services for City projects on an as -needed basis. (No change to the not -to -exceed amount of $150,000.00 in original Agreement). (Development Services/Engineering) 8. Resolution of the City Council of the City of National City approving a Contract Agreement between the City and Project Professionals Corporation for the not - to -exceed amount of $300,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds). (Development Services/Engineering) 9. Resolution of the City Council of the City of National City approving a Contract Agreement between the City and Harris & Associates for the not -to -exceed amount of $100,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds). (Development Services/Engineering) 10. Resolution of the City Council of the City of National City approving a Contract Agreement between the City and Kimley-Horn & Associates, Inc. for the not -to - exceed amount of $100,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds). (Development Services/Engineering) 11. Resolution of the City Council of the City of National City approving a Contract Agreement between the City and CivilSource, Inc. for the not -to -exceed amount of $100,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement (Various Capital Improvement Project funds). (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/05/2010 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City adding Judge Frederick Hertel-Hawken House at 940 East 16th Street to the City's Historic Sites List. (Applicant Janice Martinelli) (Case File 2010-28 HL) (Development Services/Planning) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 940 East 16th Street. (Applicant: Janice Martinelli) (Case File 2010-28 M) (Development Services/Planning) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 2525 N Avenue. (Applicant: International Community Foundation Center) (Case File 2010-09 M) (Development Services/Planning) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems, in an amount not to exceed $46,509.00 to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed. (Police/Fire) 16. WARRANT REGISTER #9 Warrant Register #9 for the period of 08/25/10 through 08/31/10 in the amount of $539,789.52. (Finance) 17. WARRANT REGISTER #10 Warrant Register #10 for the period of 09/01/10 through 09/07/10 in the amount of $2,063,127.79. (Finance) PUBLIC HEARINGS 18. Public Hearing: Accept public comments on an impending remediation project to be conducted by the Community Development Commission (CDC) at 835 Bay Marina Drive. (Redevelopment Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 10/05/2010 - Page 5 PUBLIC HEARINGS (Cont.) 19. Public Hearing — An Amendment to the National City Municipal Code amending Chapter 18.62 pertaining to signs and outdoor advertising displays. (Applicant: City of National City) (Case File No. 2010-27 A) (Development Services/Planning) **Companion Item # 20** ORDINANCE FOR INTRODUCTION 20. An Ordinance of the City Council of the City of National City amending Chapter 18.62 of the National City Municipal Code by amending Subsection D of Section 18.62.170 pertaining to temporary signs in single-family residential zones. (Applicant: City of National City) (Case File No. 2010-27 A) **Companion Item #19** NON CONSENT RESOLUTIONS 21. Resolution of the City Council of the City of National City requesting SANDAG, acting as the San Diego County Regional Transportation Commission, to provide advanced funding through debt financing for use on Transnet eligible projects and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds from FY2011 until FY 2021 (10 years). (Finance) NEW BUSINESS 22. Notice of Decision — Planning Commission approval of a modification of a planned development to allow a 9,210 square foot expansion and an ATM kiosk at an existing retail planned development at 855-901 Euclid and 2525-2531 East Plaza Boulevard. (Applicant: Euclid Plaza LP) (Case File 2010-22 PD) (Development Services/Planning). 23. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Anthony's Mexican and Pizza Restaurant at 1526 East 18th Street. (Applicant: Hana Kizy) (Case File 2010-24 CUP) (Development Services/Planning). 24. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Head Start Program at an existing apartment complex at 817 Eta Street. (Applicant: Robert J. St. Germaine) (Case File 2010-26 CUP) (Development Services/Planning). CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 10/05/2010 - Page 6 NEW BUSINESS (Cont,) 25. Temporary Use Permit — Sweetwater High School's Homecoming Football Game Halftime Show on October 22, 2010 from 8:00 p.m. to 10:30 p.m. at Sweetwater High School. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services) 26. Temporary Use Permit — 18th Annual Fiesta Filipiniana Singing Competition hosted by the Seafood City Supermarket on October 23, 2010 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no waiver of fees. (Neighborhood Services). 27. Request by National City Collaborative (Food Bank) to use Kimball Senior Center on the 2nd Friday of each month from 6:30 a.m. — 11:00 a.m. to distribute food to National City residents. Application is requesting waiver of all fees. (Community Services) 28. Report — City Council's request for a program to welcome, retain and highlight the business community. (Redevelopment Division) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $66,745.90 to the City of National City for the period of 08/25/10 through 08/31/10. (Finance) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $750,627.58 to the City of National City for the period of 09/01/10 through 09/07/10. (Finance) NEW BUSINESS 31. Report by the National City Chamber of Commerce on the San Diego Regional Enterprise Zone Program, Economic Development Loan Program, and San Diego State University Student Consulting Program. (Community Development). CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/05/2010 - Page 7 STAFF REPORTS 32. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — October 19, 2010 — 6:00 p.m. - Council Chambers — National City, California. NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for November, December 2010 and January 2011. 2010 November 2 No Meeting November 9 Meeting November 23 Meeting December T Meeting 2011 January 11 Meeting January 25 Meeting Beginning in February 2011, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. ITEM #1 10/5/10 Interstate 805 Managed Lanes South Project FACT SHEET Creates an integral part of a modern, new transportation system that will meet the future needs of travelers in our region. Provides expanded trans- portation choices, such as HOV lanes and a new bus rapid transit system. Helps support the economic viability of the region and improve the quality of life by safely moving more people and products. Project Manager Ramon Martinez at (619)688-2516 or e-mail at Ramon.Martinez@dot.ca.gov www. keepsandieg omoving.com Department of Transportation 4050 Taylor Street San Diego, CA 92110 Ph: (619) 688-6670 Fax: (619) 688-3695 www.dot.ca.gov/distll August 2010 THE PROJECT AT A GLANCE The Interstate 805 South Project is part of the larger I-805 Corridor Managed Lanes Projects. The I-805 South Project area is 11 miles between Palomar Street and the I-805/SR-15 interchange. The project includes the addition of managed lanes within the 1-805 median. The project will cost an estimated $1.3 billion to complete. Funding is expected to be a combination of federal, state and local programs, including TransNet dollars. THE IMPROVEMENTS Proposed improvements include managed lanes that will be free for high occupancy vehicles (HOV), buses and motorcycles; and avail- able to single occupant vehicles for a fee. A bus rapid transit system will also operate on the managed lanes. The project will include features that will conveniently connect members of the community to the managed lanes, including a Direct Access Ramp, intermediate access points, HOV direct connectors, in -line transit stations and park -and -ride locations. Sound walls and retaining walls will be constructed and bridge improvements will be made at various locations along the freeway to help maintain the quality of life for neighboring communities. MILESTONES Public outreach efforts are underway with the environmental stud- ies expected to be complete in early 2011. A public meeting is being planned for September. Construction is expected to begin in 2012. LEGEND 1-805 South Project Bus Rapid Transit (BRT) Route — — — Long -Term BRT Route In -Line Transit Station BRT Station Stops Direct Access Ramp • Direct Connectors Park & Ride Locations Post of Ea�tts Sari YSK hO Port of Eut y Future Put Otay Mesa at Entry ITEM #2 10/5/10 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF JULY 20, 2010 AND SEPTEMBER 21, 2010 (CITY CLERK) City of National City �" Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #3 10/5/10 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 MFETING DATE: ;October 5, 2010 AGENDA ITEM NO. 4 i i EM TITLE: A Resolution of the City Council of the City of National City accepting the work performed by Industrial Coating and Restoration Services, Inc. with the final amount of $80,883.75, authorizing the filing of the Notice of Completion with the County Recorder for the National City Police Department Waterproofing and Staircase Repair Project, and authorizing the release of the retention in the amount of $7,728.38. (Funded through General Funds) PREPARED BY: Kenneth Fernandez 10 PHONE: 336-4388 EXPLANATION: DEPARTMENT: Development Services/ Engineering Division APPROVED B Please see attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-1408 Funds are encumbered in Purchase Order No. 73472. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 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. Contract Final Balance 3. Notice of Completion Spec 09-20 NOC EXPLANATION Per Resolution No. 2009-280, the City Council awarded a contract to Industrial Coating and Restoration Services, Inc. in the amount of $73,000.00 for the National City Police Department Waterproofing and Staircase Repair Project, Specification No. 09-20. During the course of construction, City -initiated change orders were approved and added to the project via the following three change orders: 1) The installation of concrete masonry unit (CMU) joints under windows on all sides and to router/crack seal concrete slab at the front of the Police Department Building, 2) Repair the base of two columns supporting the pedestrian bridge in front of City Hall damaged due to the earthquake in April, and 3) the relocation of an irrigation controller from inside a security closet within the Police Department underground parking structure to the outside of the wall so maintenance staff can have access to the controller without a police escort. Therefore, the construction bid price of $73,000.00 was increased by $4,283.75, $2,650.00, and $950.00 due to Change Order Numbers One, Two, and Three, respectively, for a final construction cost of $80,883.75. There were no line item increases/deductions since the project's scope of work complied with its contract and specifications as reflected in the final balance change order. However, design, plans, and materials to re -landscape the newly repaired planters were donated by Wade and Associates. A final inspection was completed and after obtaining required final documents from the contractor, 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. The work was found to be in accordance with the approved specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Police Department Waterproofing and Staircase Repair Project, Specification No. 09- 20. As a result of the satisfactory completion of said project, a retention amount of $7,728.38 and full payment for Change Order Numbers Two and Three at $2,650.00 and $950.00, respectively, (totaling a final balance of $11,328.38) is set for invoice processing and payment upon the receipt of required signatures and City Council's approval of this item and the Notice of Completion. For clarity, only the retention amount requires authorization via this requested resolution whereas full payment for Change Order Numbers Two and Three have already been authorized by Resolution No. 2009-280. In summary, the purpose of this resolution is to approve the final amount of the project at $80,833.75, 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 FROM INDUSTRIAL COATING AND RESTORATION SERVICES, INC., APPROVING THE FINAL CONTRACT AMOUNT OF $80,883.75, AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, AND RELEASING RETENTION IN THE AMOUNT OF $7,728.38 BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division that all work required to be done by Industrial Coating and Restoration Services, Inc., for the National City Police Department Waterproofing and Staircase Repair Project has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion with the county recorder, and orders that payment for said work and retention in the amount of $7,728.38 be made in accordance with said contract, PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FINAL CONTRACT BALANCE DATE: October 5, 2010 PROJECT: National City Police Department Waterproofing and Staircase Repair Project, Specification No. 09-20 TO: Industrial Coating and Restoration Service_ Inc. Mr. Mahmoud Merzi, President 2534 Oceanside Blvd. Oceanside, CA 92054 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CIIANCE: S73,000.00 January 15, 2010 September 13, 2010 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 40 working days 11 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 1 Waterproofing of Planters LS 1 $30,000.00 $30,000.00 I S30,000.00 $30,000.00 2 Installation of Waterproof Membrane on Decking in Utility Room Area SF 450 $37.78 S 17,000.00 450 $ 37.78 $17,000.00 3 Caulking of Rail Penetrations LS I $3,000.00 $ 3,000.00 1 $3.000.00 $3,000.00 4 Repair of Staircases LS f $23,000.00 $23,000.00 1 S23,000.00 $23,000.00 Base Bid Subtotal S73,000.00 $73,000.00 CCOM Install CMU joints under windows & router/crack seal concrete slab LS 1 S4,283.75 54,383.75 CCO2 Repair the base of two columns supporting the pedestrian bridge at City Hall IS 1 $2,65UA0 $2,G50.00 CCO3 Relocation of irrigation controller LS 1 S950.00 S950.00 Change Order subtotal S7,883.75 G GRAND TOTAL. $73,000.00 $80 883.75 Page 1 t FINAL CONTRACT BALANCE DISCUSSION: Added line items: Additive Change Order Number One was added to the contract for $4,283.75 per the City's request for the installation of concrete masonry unit (CMU) joints under windows on all sides and to router/crack seal concrete slab at the front of the Police Department Building. Additive Change Order Number Two was included to the contract for $2,650.00 per the City's request due to repairing the base of two (2) columns supporting the pedestrian bridge in front of City I Iall damaged during the earthquake in April. Additive Change Order Number Three was added to the contract for $950.00 per the City's request for the relocation of an irrigation controller from inside a security closet within the Police Department underground parking structure to the outside of the wall so maintenance staff can have access to the controller without a police escort. 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 bid price of $73,000.00 was increased by $7,883.75 due to said construction change order resulting in a final construction cost of $80,88 3.75. 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 $80,883.75. 2. As a result of the satisfactory completion of said project, a retention amount of $7,728.38 and full payment for Change Order Numbers Two and Three at $2,650.00 and $950.00, respectively (totaling a final balance of $11,328.38) 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 he considered frill compensation for furnishing and installing the materials, labor, tools and equipment. profit, overhead, and all incidentals for performing the work described above. Industrial Coating and Restoration Services, 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 1213 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 13, 2010, of: The National City Police Department Waterproofing and Staircase Repair Project. Specification No. 09-20 Work of improvement or portion of work of improvement under construction or alteration. 1200 National City Blvd, 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 Industrial Coating and Restoration Services, Inc_ Name of Original Contractor The following work and material were supplied: Laborer Groups. Operators, Assembly, Painting, Welding. Landscaping, Ladders, Plastic Liners, Tape, Mops. Waterproofing System Product, 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: October 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 October 5, 2010, at National City, California. Signature: RON MORRISON, MAYOR moon-za 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City of National City Council approving an Amendment to an existing Cooperative Agreement between the State of California and City of National City for the portion of the Plaza Boulevard Widening improvements at 1-805 underpass and authorizing the Mayor to execute the Amendment PREPARED BY: Din Daneshfa PHONE: 619-336-4387 EXPLANATION: See attached. DEPARTMENT: Engi • APPROVED • FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Explanation 3. Proposed Amendment to Cooperative Agreement (3 original) EXPLANATION: On June 17, 2008 by Resolution No. 2008-109, a Cooperative Agreement was executed between the State of California and City of National City for the final design of a portion of Plaza Boulevard Widening project located in the State right of way at I-805. Based upon this Cooperative Agreement the State had agreed to review and oversight the project Plans, Specifications, and Estimates (PS&E) package and provide an encroachment permit (after proper application) at no cost to the City. By signing the Cooperative Agreement, the City had agreed to follow state standards and procedures for processing the PS&E, perform the necessary work for final design, provide the necessary project data, and maintain qualified personnel to complete the work needed for the design of the widening within the state right of way. Since, a funding mechanism is not established for construction at this time the purpose of this amendment is to extend the duration of the existing Agreement in order to avoid renewal process of the agreement later when the funding becomes available. This amendment is to mutually agree that the termination date specified in the original agreement change from December 31, 2010 to December 31, 2013. All other terms and conditions of the Agreement will remain the same. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA FOR THE PORTION OF THE PLAZA BOULEVARD WIDENING IMPROVEMENTS WITHIN THE STATE'S RIGHT-OF-WAY LOCATED AT THE INTERSTATE 805 UNDERPASS WHEREAS, on June 17, 2008, the City Council adopted Resolution No. 2008- 109, entering into a Cooperative Agreement between the City and the State of California for the final design of a portion of the Plaza Boulevard Widening improvements located within the State's right-of-way located at the Interstate 805 underpass; and WHEREAS, by entering into the Cooperative Agreement, the State agreed to review and oversight the project plans, specifications, and estimates package ("PS&E"), and provide an encroachment permit at no cost to the City; and WHEREAS, the City of National City agreed to follow state standards and procedures for processing the PS&E, perform the necessary work for final design, provide the necessary project data, and maintain qualified personnel to complete the work needed for the design of the widening of Plaza Boulevard within the State right-of-way; and WHEREAS, because the funding mechanism is not established for construction at this time, the City of National City and the State of California desire to extend the termination date of the Cooperative Agreement from December 31, 2010 to December 31, 2013, to avoid the renewal process when the funding becomes available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Cooperative Agreement between the City and the State of California for the portion of the Plaza Boulevard Widening Improvements within the State's right-of-way located at the Interstate 805 underpass. Said Amendment to Cooperative Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney 11-SD-805 PM 10.0/10.6 Project ID 1100000223 EA 11-263901 Agreement No. 11-0635 A 1 Time Extension AMENDMENT NO. 1 TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON , 2010, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the City of National City, a body politic and a municipal corporation of the State of California, referred to herein as "CITY'. RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 130 and 114, are authorized to enter into a Cooperative Agreement for improvements to State Highway System (SIIS) within the CITY. CITY plans SHS improvements consisting of interchange modifications to increase capacity to accommodate projected 2030 traffic volumes on Plaza Boulevard at Interstate 805, referred to herein as "PROJECT". CITY intends to prepare Plans, Specifications and Estimates (PS&E) and to perform right of way activities, collectively referred to herein as "WORK", and is willing to find one hundred percent (100%) of alI costs of WORK, except for costs of STATE's Independent Quality Assurance (IQA), which will be borne by STATE. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be designed and financed. 2. It has been determined that the PROJECT will not be completed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED 1. The termination date specified in Section III, Article 24 of the original Agreement is now December 31, 2013, instead of December 31, 2010. All other terms and conditions of said Agreement 11-0635, as amended shall remain in full force and effect. 1 11-0621 Al This Amendment No. 1 is hereby deemed to be a part of Agreement No. 11-0635. STATE OF CALIFORNIA CITY OF NATIONAL CfFY DEPARTMENT OF TRANSPORTATION APPROVED APPROVED By: By: LAIIRTE BERMAN RON MORRISON District Director Mayor Date: Date: CERTIFIED AS TO FUNDS: APPROVED AS TO FORM AND PROCEDURE By: MARLENE DAVIS By: District Budget Manager/UP CLAUDIA G. SILVA City Attorney Date: Date: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 6 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 Southern Califomia Soil & Testing, Inc. to extend the Agreement for one-year, with option to extend for an additional year, to provide geotechnical materials testing services for City projects on an as -needed basis. (No change to the not -to -exceed amount of $150,000.00 in origigal Agreement). PREPARED BY: Lynn Col PHONE: 4318 EXPLANATION: On October 6, 2009, the City and Southern California Soil & Testing, Inc. entered into an Agreement to provide geotechnical materials testing services for City projects on an as -needed basis. The proposed resolution would be the first amendment to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, with an option to extend the Agreement for an additional year. Southern California Soil & Testing, Inc. has a proven performance history and competitive pricing. Geotechnical materials testing services will be required in the near future as current Capital Improvement Projects move into the construction phase. It is anticipated that Capital Improvement Projects for next fiscal year will also require geotechnical materials testing services. Amending the Agreement will allow this to occur. All other terms and provisions of the Agreement would remain in full force and effect, including the not -to - exceed amount of $150,000.00. Year to date encumbrance is $15,454.00. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT:,-Devnt Services/ Fngineering APPROVED B APPROVED:4 APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $150,000. Year to date encumbrance is $15,454.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: 1. First Amendment to the Agreement 2. 2009 Agreement with Southern California Soil & Testing, Inc. 3. Resolution RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC., TO PROVIDE ON -CALL GEO-TECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October 6, 2009, the City Council adopted Resolution No. 2009- 234, authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc., for a one-year period to provide on -call geo-technical materials testing services for various capital improvement projects for the not -to -exceed amount of $150,000; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year term, with no increase to the compensation, and include an option to extend the Agreement for another one-year term. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with Southern California Soil & Testing, Inc., for a one-year period to provide on -call geo-technical materials testing services for various capital improvement projects, with an option to extend for one additional year. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, INC. TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS This First Amendment to the Agreement is entered into this 5th day of October, 2010, by and between the City of National City, a municipal corporation ("the CITY"), and Southern California Soil & Testing, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on October 6, 2009, ("the Agreement") wherein the CONSULTANT agreed to provide geotechnical materials testing services for city projects. B. The parties desire to amend the Agreement to extend the Agreement for one year, from October 7, 2010 to October 8, 2011, with an additional option for an additional year extension. NOW, THEREFORE, the parties hereto agree as follows: 1. The length of the Agreement, is extended for one-year, from October 7, 2010 to October 8, 2011; with an additional option for an additional year extension, 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 SOUTHERN CALIFORNIA SOIL & TESTING, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney Gordon Wooda Vice President Kimbierly Fre Chief Operating Officer 1 FOLLOWS: AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING INC. THIS AGREEMENT is entered into this 6th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Southem California Soil & Testing Inc., (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide geotechnical materials testing services for city projects. WHEREAS, the CITY has determined that the CONSULTANT is a materials testing 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 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 on an on -call basis. The scope of work will be defined for each project in accords with 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. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Gordon T.M. Woodard, RCE, thereby is designated as the Project Director for the CONSULTANT. 2 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $150,000.00. 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 on October 6, 2010. 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(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 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. 2 cltys Standard Agreement — June 2008 revision 3 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 CONSULTANTSs employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANTs 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 CONSULTANTS 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 CONSULTANTS 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, 3 Citys Standard Agreement — June 2008 revision 4 been debarred by a govemmental 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 win take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause_ 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY_ The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party. but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 Gtya St.RfUard Agreement —June 2008 revision 5 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto")_ C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid polices 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. 1. 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 5 Clry's Standard Agreement — June 2008 revision 6 approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attomeys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be bome 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. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 cfty's standard Agreement — June 2008 revision 7 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 CONSULTANTS 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 ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, retum receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ovemight mail, the business day following its deposit in such overnight mail facility, (Ili) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 To CONSULTANT: Southern California Soil & Testing Inc. Attn: Gordon T. M. Woodard, RCE 6280 Riverside Street San Diego, CA 92120 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 7 CUys standard Agreement — June 2006 revision 8 all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code_ The CONSULTANT shall immediately disqualify itsetf 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 if to disqualify itself from any matter on which it might perform services for the CITY. Q 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, stale 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. O. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation 8 citys standard Agreement —.Juno 2008 revision 9 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: on Morrison, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney SOUTHERN CALIFORNIA SOIL & TESTING INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) B (Naf;te) �La,11->c) ✓ GL/o [) (Print) (Title) By:}(►iYL{�� r�-) tyy\be4-- 1A =1-r e\ (Print) C00 (Title) 10 9 City's Standard Agreement — June 2008 revision SCOPE OF WORK The following is the general outline of the typical services that SCS&T can provide based on the 2007 CBC, and the City of National City requirements. Laboratory tests will be provided on a time and materials basis at unit rates as shown on the attached `Adjusted Schedule of Fees' dated August 1, 2009. GEOTECHNICAL ENGINEERING SERVICES Our typical preliminary geotechnical investigation wilt consist of a surface reconnaissance, subsurface exploration, obtaining representative soil samples, laboratory testing, analysis of field and laboratory data, and review of relevant geologic Literature. Our scope of service does not include assessment of hazardous substance contamination or whether the property is in an environmentally sensitive area that may require a special permit for the investigation (for example, City of San Diego Municipal Code § 62.0108, "Exploratory Permits"). Specifically, the intent of our proposed investigation is as follows: • Explore the subsurface conditions to the depths influenced by the proposed construction; • Evaluate the engineering properties of the various strata that may influence the proposed development, including bearing capacities, expansion characteristics and settlement potential; • Describe the general geology at the site including possible geologic hazards that could have an effect on development; • Address potential construction conditions that may be encountered due to subsurface conditions, groundwater, or geologic hazards, and provide recommendations concerning these conditions; • Develop geotechnical engineering criteria for site preparation; • Provide recommendations for shored and unshored temporarily cut slopes; • Recommend an appropriate foundation system for the type of structure anticipated and develop geotechnical engineering design criteria for the recommended foundation type; • Present our professional opinions in a report encompassing, a plot plan, exploration logs, a summary of the laboratory test results, as well as conclusions and recommendations. TYPICALGEOTECHNICAL ENGINEERING SERVICES • Preparation of a 'transfer of geotechnical engineer' responsibility fetter; • Preparation of a `Grading Plan Review" report, addressing conformance of the grading plan with recommendations contained in the Geotechnical Report for the project; • Preparation of a "Foundation Plan Review" report addressing conformance of the foundation plan with recommendations contained in the Geotechnical Report for the project; • Participation in a pre -grading meeting attended by the principal parties involved in the earthwork; • Periodic observation of demolition and clearing operations; • Continuous observation of underpinning by our geotechnical staff; • Continuous/Periodic observation of temporary shoring and tie -back drilling by our geotechnical staff; 11 ▪ Periodic observation of the earthwork operations and relative compaction testing; • Periodic observation of earthwork operations by our geotechnical staff; • Continuous/Periodic observation of any wall backfill operations and relative compaction testing; ▪ Performance of Laboratory tests to determine the pertinent engineering properties of the soils encountered in the earthwork; ▪ Periodic observation and relative compaction testing of utility trench backfill; • Periodic observation and relative compaction testing of subgrade preparation, aggregate base, and asphalt placement; • Observation of footing excavations for structural improvements by our geotechnical staff; • Preparation of reports summarizing our tests and observations of the grading, wall backfill, underground utility trench backfill, subgrade preparation, aggregate base and asphalt placement. TYPICAL SPECIAL INSPECTION AND MATERIALS ENGINEERING SERVICES Reinforcing steel/tendons, periodic placement of concrete; • Reinforced concrete, continuous — required; • Post -tension concrete, continuous — stressing and grouting of tendons; Shotcrete, continuous — during placement and sampling of panels as required; • All structural field welding and field welding of reinforcing steel, continuous — (We have assumed that an approved fabricator will be utilized and therefore special inspection of shop welding will not be required.); — during placement of steeVtendons, and before during the placement and sampling of concrete as during placement, sampling of concrete as required, • Non-destructive testing of full and partial -penetration welds; • High strength bolting, periodic — verify laying surfaces and a snug tight fit and/or proper torque as required; • Drilled and/or epoxy adhesive anchors — during installation of anchors; • Structural Masonry, continuous — during lay up of block, reinforcing steel placement and grouting; • Fire proofing — periodic inspection of application and thickness and density tests; • Shear wall, periodic — during nailing, bolting, anchoring and other fastening of wood shear walls with fastener spacing less than or equal to 4-inches on center. Additional services that were not specifically stated in construction plans but are required in accordance with the 2007 CBC or City of National City requirements will be provided as follows: • Provide daily inspection reports describing the work inspected and stating compliance or non-compliance with the project documents. A copy of the daily report will be left with the on -site superintendent. Reports will be reviewed by SCS&Ts project engineer, a Registered 12 Civil Engineer, and will be distributed to the designated recipients. • Fabricate, transport and test normal weight concrete for slump, temperature and compressive strength at the rate of one set of three concrete test cylinders per 150 cubic yards, 5,000 square -feet or for each day's placement. One cylinder will be tested at seven days and two at 28 days. Test reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test lightweight concrete for slump, temperature and compressive strength at the rate of one set of three concrete test cylinders per 150 cubic yards, 5,000 square -feet or for each day's placement_ Test reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test for compressive strength one shotcrete panel per 50 cubic yards of shotcrete wall. Reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated persons on the day of the test_ • Transport and test two reinforcing bars for tensile and bend for each 10 tons of each reinforcing bar size. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Transport and test high -strength bolt assemblies for hardness and tensile. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test fireproofing samples for density for every 10,000 square feet of floor assembly. Test reports shall be prepared and distributed to the designated persons. • Fabricate, transport and test one set of three masonry prisms for each 5,000 SF of wall area during construction. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test one test sample of grout on three successive working days and at one -week intervals thereafter. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test one test sample of mortar on three successive working days and at one -week intervals thereafter. Suspect or failing test results will be reported to the designated person(s) on the day of the test_ • Extract, transport and test two masonry cores for each 5,000 SF of wall area during construction. One core will be tested for shear and another core for compression. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Sample, transport and test nine masonry units for each type of masonry block. Three units will be tested for absorption, three for shrinkage and another three for compression. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • An SCS&T project manager will provide supervision of our project personnel and will be an additional point of contact to answer any questions that may arise concerning the project or field personnel. Additional services not listed above may also be provided as detailed in the attached Adjusted Schedule of Fees' 13 Southern California Soil and Testing, Inc. Confidential Schedule of Fees for Professional Services Adjusted for National City On -Call Professional Engineering/Construction Material Testing Services Effective August 1, 2009 Engineer!Geologist PrincipalEngineer/Geologist -___________ -_______ --....... ----_......... ....-------_...... _........ _....._---.._............. ...... .............. .................. --.__...._...._.............._........._...$140 SeniorEngineer/Geologist _...._-..._...__...._..__........._.....__......._.....___.....__.---....__....._._...__.___...._..._..........._............_.._...__.._.--.----__--.._ 40 Staff Engineer/Geologist - )16 ConcreteMix Design Review.-_._._.._._....._---------._.._.__.........._........__............_.....---.....---._.....------------------....................---'-------•----.._i67 Deposition and Trial Testimony (4-Hour Minimum. with any time over 4 hours billed as 8 hours) _.__.....____._...._ .... 350 Technician Soils/MaterialslQA-QC Supervisor._.-.___..__........._..._....----__._..._..._..____._..__............._._...._....._..__.___$115 SoilsTechnician _..._._.____.._..-._••-•.--_._..__.._...__...._.._--.-----...._.....-----._....................._.__..-----'--.--.-.--.....__........_... .__....._..--....._...77 PROFESSIONAL SERVICES Materials Technician (ACI) QA/QC Technician (Third Party) Floor Flatness (Dip Stick) Technician .__.-.-..._ Coring - Asphalt. Concrete. Masonry and Gunite _ - - 77 96 200 175 Certified Deputy inspection Certified Materials Special Inspector..-..-----•--.....---..........._..........._._.._..._..__..................._........_._- -- $89 Certified Building Inspector ._....__._._.__........_...._.._-._-- 98 BatchPlant Inspector _ __............._...._..__..._......_.._........_._.-............_...................._._._._........_.....__........._......__..... 74 OSPHD Inspector C ! DSA Inspector level 3.___.__.___....____._._.___...__._._._.__...___.---...._ ___.._-.--------...-----._. ...... 106 AWS Certified Welding Inspector (Field Welding, Shop Welding. High -Strength Bolting)98 Miscellaneous Overtime and Saturday Rate...---•--.-----..._.............._........_.__.._.._.._...._........_...._..._............._._.......__.._ 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (indud-ing the day after Thanksgiving).._...._.___..__....._..........._..._..__..._..._..._ 2 x Regular Hourly Rate MinimumField Services Fee.--'-................_........_._..----------..-._..--.-..._.._.__....__._......._........._....._...___...----......._...._...._......_....-_.-----_$400IProject RushSurdharge.___.__._._._.._..__.._....._.._............_......___.__.._......_................_.........._._.........__......--'-'---`---------......-'-'---___..normal rate plus S0% TRAVEL Per Diem variable, depending on location) _._._.__.._...___.�_._._.._.... - - - $80.160/day Sample Pick Up (San Diego. Riverside and San Bernardino Counties) _..._._.....___... ._.._.._ N/C EQUIPMENT AND MATERIALS Nudear Gauge ............._...._...__..__....---...-.-_.- ...----------------- Included in Technician Race Outside Services/Equipment/Materials_..-...--.-........._..._._-_..----.'---_..__.....__..-_-.-.-._..._.._..._-...................__.._...--.•_--_..._..._.._...._....._.. Cost + 20% Generator..._..__........ _..._.._.... _.._....._......._............ -$50/day Concrete Vapor Emission Kits (ASTM F 1869) ............._........._....._..........._._.._....._......._........................._.....-..•---•--_-___. $35/kit LABORATORY TESTS Soil And Aggregate Maximum Density. 4-inch mold (ASTM D1557)..._ $192 Maximum Density. 6-inch mold (ASTM 01557)..................__......._.212 Rode Correction for Maximum Densities..__.___..._...._.---...---_..25 Plasticity Index (ASTM D43IS).__.__.__...__.................. _._.--.-...... _..122 Hydrometer Analysis (ASTM D422)._._______._.__....._......__.._.106 Collapse Potential (ASTM D5333) .4106 Expansion Index (ASTM 04829) 170 Sieve Analysis (ASTM D422) 80 Direct Shear. Normal Speed (ASTM D3080) 200 Direct Shear. Slow Speed (ASTM D3080).._...-----------------------__---- 319 14 LABORATORY TESTS Soil and Aggregate front.) Resistance Value, R-Value (Cal 301. ASTM D2844) $265 California Bearing Ratio includes Max Density C (ASTM DI883).....594 Sand Equivalent {Cal 217, ASTM D2419) 85 Corrosivity (inc. pH, resistivity, soluble chlorides and sulfates) 180 Sieve Analysis. Coarse (ASTM C 136)_.......... .................. _______ .... 57 Sieve Analysis, Fine (ASTM C136)......... ..._........ 71 Specific Gravity. Coarse (ASTM C127) 66 Specific Gravity. Fine (ASTM C127) 66 Durability Index (Cal 227)..... __________ .................__._._..._.__.--.21 S Asphalt Concrete Hveem — Maximum Bulk Specific Gravity (Cal 308) per plug_... $128 Hveem and Stabilometer (Cal 308/366) per plug.._... ............ _._.__168 Rice — Maximum Theoretical Specific Gravity (ASTM Bulk Specific Gravity, Cores (ASTM DI188) 56 Sieve Analysis Extracted Aggregate (ASTM D5444) 86 Percent Bitumen (ASTM D6307) ._ ....._.176 Marshall Density (ASTM D6926) per plug....--...__..---._._.__-__...---128 Marshall Density. Stability and Flow (ASTM D6927) per plug 168 Additional laboratory testing prices available upon request. Masonry Compressive Strength. Block 8"x 8"x16" (ASTM C140) $50 Compressive Strength, Prisms 8"x16"x8" or smaller 106 Compressive Strength, Prisms Larger than 8"x 16"x8"....__..._143 Compressive Strength. Grout 3"x3"x6" (ASTM C 1019)....-__.._- 26 Compressive Strength. Mortor 2"x4" (ASTM C780) 26 Compressive Strength. Mortor 2"x2" (ASTM C109) .......... 28 Linear Shrinkage. Block (ASTM C426) 242 Concrete Compressive Strength, Cylinders (ASTM C39) $26 Compressive Strength, Core (ASTM C42)......._....__.__.__._......_...57 Compressive Strength, Shotcrete Panel. 3 cores (ASTM CI 140)279 Splitting Tensile Strength. 6"x 12" Cylinder (ASTM C496) ...... 71 Flexural Strength, 6"x6"x24" Beam (ASTM C78) -. 71 Length Change, Mortar or Concrete (ASTM C157).-...-.__-_.__...-357 Metals Tensile Strength. #3 - #8 Reinforcing Steel (ASTM A6I51A706)...$71 Tensile Strength, #9 - #11 (ASTM E8)----._-...----._.___........_... __ 87 Bend Test, #3 - #I 1 Reinforcing Steel (ASTM E8) 43 TERMS AND CONDITIONS Ail field services will be charged from portal to portal with the following minimum charger • A one -hour minimum charge will be applied to materials sampling and sample pickups. • A two-hour show -up charge will be applied to any service canceled after 400 PM the previous day. • A two-hour minimum charge will be applied to all field services. • Work in excess of eight hours up to twelve hours in a single day. will be charged in 30-minute increments at 1S times the standard rate. • Work in excess of twelve hours in a day will be charged in one -hour increments at 2.0 times the standard rate- • The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this projecr!contracc SCS&T will increase our hourly rate on d.e effective date determined by the DIR. by a factor of 1.8 times the hourly increase. Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case -by -case basis. Reimbursables: 5CS&T reserves the right to charge for services outside of the contract in the form of reimbursables- These items include, but are not limited to the following consumables_ magnetic particle powder. ultrasonk copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time, equipment rental. administrative time utilized for photocopying. distribution lists, express mailing, archive searches, etc Equipment rental or subcontracted services not included in our Fee Schedule will be charged ar cost plus 20 percent. Subcontracted services that are included on the Fee Schedule will be charged tar those rates. Per diem Barges will be applied to projects outside a 50tn le radius of our office. Mileage will be charged at the rate of 50 cents per mile (or distances over SO miles from the location of &tpatds invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presenradon to the client Invoices outstanding over 30 days will be considered past due A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of i 8 percent. and charged on all past due accounts. If legal action is brought on delinquent accounts- the prevailing party sha0 be entided to recover in reasonable attorney's fees and other costs of collection Our professional engineering. geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation. express or implied. is made or intended. Should any services provided by 5CS&T for this project become subject co state or federal prevailing wage requirements, SC5&T will be compensated for those services at its prevailing wage cares, from the date these requirements become effective through completion of the project 6280 Riverdale Street San Diego, California 92120 619-280.4321, Toll Free 877-215.4321 www.scst-corn Celebrating 50 Years in Southern California 83-740 Citrus Avenue. Suite G Indio, California 92201 760.775.5983, Toll Free 877.215.4321 www.scst.com 15 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD(YY) 09/24/09 PRODUCER 0A99520 Cavignac & Associates 50 B Street, Suite 1800 San Diego, CA 92101-8005 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 INSURED Southern California Soil & Tenting, Inc. 6280 Riverdale Street San Diego, CA 92120 INSURER A: TheTravelersIndemnity Company of Connecticut INSURER e: Peerless Insurance Company NSURERC-James River Insurance Company NSURER 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 LIMI ES SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATEIMM/DD/YYI 12/01/08 POLICY EXPIRATION DATE (MM/DO/YY1 12/01/09 LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6806686L064 EACH OCCURRENCE g 1,000,000 FIRE DAMAGE (Any one lire) $ 1,000, 000 CLAIMS MADE I X I OCCUR MED EXP(Any one person) $ 10, 000 X X GEN'L Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 Separation of Insureds GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY X PRO JEGT LOC PRODUCTS - COMP/OP AGO $ 2,000,000 Deductible None B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS S BODILY INJURY (Per accident) $ _ PROPERTY DAMAGE (Pe accidenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY= AGG S EXCESS LIABILITY OCCUR p) CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' UABILITY UB7862Y868 12/01/08 12/01/09 X WC STATU- 10TH- TORY LIMITS ER ELEACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ I, 000,000 E1. DISEASEPOLICYLIMIT $ 1,000,000 C OTHER Professional Liability Claims made, defense costs included a/in limit 000028775 01/30/09 01/30/10 Each Claim 11,000,000 Aggregate $2,000,000 Each Claim Deduct. s100,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSI0NS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Re: On -Call Professional Engineering/Construction Materials Testing Services Oct 2009 to Oct 2010 Certificate Holder is Additional Insured with respect to general liability per attached and auto liability included policy form. Waiver of Subrogation applies to workers compensation per attached. in ADOmONAL INSURED; INSURER LETTER City of National City Attn: Maryann Baboki L.243 National City Boulevard (National City, CA 91950 I USA CANCELLATION 10 days NOC for non-payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NONCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 50 SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i ACORD 25-S (7/97) JWise 13102626 16 0 ACORD CORPORATION 1988 E' TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER- un7862y86e 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 he % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Schedule Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. 17 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6906686Lo64 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED insurance that is available to such additional insured (Section II): which covers such additional insured as a named insured, Any person or organization that you agree in a "contract and we will not share with the other insurance, provided or agreement requiring insurance" to include as an that: additional insured on this Coverage Part, but only with (1) The "bodily injury" or "property damage" for respect to liability for "bodily injury", "property damage" which coverage is sought occurs; and or "personal injury" caused, in whole or in part, by your (2) The "personal injury" for which coverage is acts or omissions or the acts or omissions of those sought arises out of an offense committed; acting on your behalf: after you have entered into that "contract or agreement a. In the performance of your ongoing operations; requiring insurance". But this insurance still is excess b. In connection with premises owned by or rented to over valid and collectible other insurance, whether you; or primary, excess, contingent or on any other basis, that is c. to connection with "your work" and included within available to the insured when the insured is an additional the "products -completed operations hazard". insured under any other insurance. Such person or organization does not qualify as an C. The following is added to Paragraph 8. Transfer Of additional insured for "bodily injury", "property damage" Rights Of Recovery Against Others To Us in or "personal injury" for which that person or organization COMMERCIAL GENERAL LIABILITY CONDITIONS has assumed liability in a contract or agreement. (Section IV): The insurance provided to the additional insured is We waive any rights of recovery we may have against any limited as follows: person or organization because of payments we make for d. This insurance does not apply on any basis to any "bodily injury", "property damage" or "personal injury" person or organization for which coverage as an arising out of "your work" performed by you, or on your additional insured specifically is added by another behalf, under a "contract or agreement requiring endorsement to this Coverage Part insurance" with that person or organization. We waive e. This insurance does not apply to the rendering of or these rights only where you have agreed to do so as part failure to render any "professional services"_ of the "contract or agreement requiring insurance" with f. The limits of insurance afforded to the additional such person or organization entered into by you before, insured shall be the limits which you agreed in that and in effect when, the "bodily injury" or "property "contract or agreement requiring insurance" to damage" occurs, or the "personal injury" offense is provide for that additional insured, or the limits committed_ shown in the Declarations for this Coverage Part, D. The following definition is added to DEFINITIONS whichever are less. This endorsement does not (Section V): increase the limits of insurance stated in the LIMITS "Contract or agreement requiring insurance" means that OF INSURANCE (Section III) for this Coverage part of any contract or agreement under which you are Part. required to include a person or organization as an B. The following is added to Paragraph a. of 4. Other additional insured on this Coverage Part, provided that the Insurance in COMMERCIAL GENERAL LIABILITY "bodily injury" and "property damage" occurs, and the CONDITIONS (Section IV): "personal injury" is caused by an offense committed: However, if you specifically agree in a "contract or a. After you have entered into that contract or agreement requiring insurance" that the insurance agreement; provided to an additional insured under this Coverage Part b. While that part of the contract or agreement is must apply on a primary basis, or a primary and non- in effect; and contributory basis, this insurance is primary to other c. Before the end of the policy period. CG D3 81 09 07 O 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 1 of 1 18 CITY OF NATIONAL CITY CALIFORNIA COUNCIL AGENDA STATEMENT METING DATE: October 5, 2010 AGENDA ITEM NO. 7 i r'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 Ninyo & Moore to extend the Agreement for one-year, with option to extend for an additional year, to provide geotechnical materials testing services for City projects on an as - needed basis. (No change to the not -to -exceed amount of $150,000.00 in original Agreement). PREPARED BY: Lynn Colc/Kt"d PHONE: 4318 EXPLANATION: DEPARTMENT: APPROVED BY: �-vel..m=- t Services/ Engineering On October 20, 2009, the City and Ninyo & Moore entered into an Agreement to provide geotechnical materials testing services for City projects on an as -needed basis. The proposed resolution would be the first amendment to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, with an option to extend the Agreement for an additional year. Ninyo & Moore has a proven performance history and competitive pricing. Geotechnical materials testing services will be required in the near future as current Capital Improvement Projects move into the construction phase. It is anticipated that Capital Improvement Projects for next fiscal year will also require geotechnical materials testing services. Amending the Agreement will) allow this to occur. All other terms and provisions of the Agreement would remain in full force and effect, including the not -to -exceed amount of $150,000.00. Year to date encumbrance is $27,866.00. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $150,000. Year to date encurnbrance is $27,866.00. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: "TTACHMENTS: 1. First Amendment to the Agreement 2. 2009 Agreement with Ninyo & Moore 3. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE TO PROVIDE ON -CALL GEO-TECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October , 2009, the City Council adopted Resolution No. 2009- 246, authorizing the Mayor to execute an Agreement with Ninyo & Moore for a one-year period to provide on -call geo-technical materials testing services for various capital improvement projects for the not -to -exceed amount of $150,000; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year term, with no increase to the compensation, and include an option to extend the Agreement for another one-year term. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with Ninyo & Moore for a one-year period to provide on -call geo-technical materials testing services for various capital improvement projects, with an option to extend for one additional year. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL -CITY AND NINYO & MOORE TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS This First Amendment to the Agreement is entered into this 5th day of October, 2010, by and between the City of National City, a municipal corporation ("the CITY"), and Ninyo &Moore Corporation (the "CONSULTANT"). RECITALS' A. The CITY and the CONSULTANT entered into an agreement on October 6, 2009, ("the Agreement") wherein the CONSULTANT agreed to provide geotechnical materials testing services fors city projects. B. The parties desire; to amend the Agreement to extend the Agreement for one year, from October 7, 2010 to October 8, 2011, with an additional option for an additional year extension. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The Length of the Agreement in Section 6 of the Agreement, is extended for one-year, from October 7, 2010 to October 8, 2011, and, 2. In addition to. extending the term in Section 6 of the Agreement to October 8, 2011, the following is added to Section 6 of the Agreement: "The City may at its option, extend the agreement for an additional year i.e., through October 8, 2012", and, 3. Each and every term of the Agreement, shall remain in full forceand 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 NINYO & MOORE By: BY Ron Morrison, Mayor AVRAM NINYO Principal Engineer APPROVED AS TO FORM: Claudia G, Silva City Attorney By: MargotA Graves Assistant Secretary • AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO &•MOORE THIS AGREEMENT is entered irilo this 20day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the -crrr), and Ninyo & Moore, (the CONSULTANT). 4 RECITALS WHEREAS, the ;CITY desires to employ a CONSULTANT to provide geotechnical materials testing services for city projects. WHEREAS, the CITY has determined that the CONSULTANT is a materials testing 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 condftions 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 on en on -call basis. The scope' of work will he defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall -riot rely on personnel of the CITY for such serviceg, 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 servioes, not to exceed a factor of 5% from the base amount 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jeffrey Kent, P.E., G.E., 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 $150,000.00. 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 fumishing 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 on October 6, 2010_ 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 became the property of the CITY for use with respect to this Project, and shalt 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(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 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_ 2 Gty's Standard Agreement - June 2008 revision 3 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. Alt agreements by CONSULTANT with its SUBCONSULTANT(s) shalt 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 CONSULTANTS trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANTs 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, 3 4 Crtys Standard Agreement — June 2008 revision 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 medicat condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement - June 2008 revision 5 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' negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments cif 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, 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 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 5 6 Gly s Standard Agreement — June 2008 revision approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be induded 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 ail times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be ertitied to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATIONIARBITRATION. 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 breath 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. 6 Gty's Standard Agreement — June 2008 revision 7 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 Tess 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. Ali 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 Ninyo & Moore Attn: Jeffrey Kent, P.E., G.E. 5710 Ruffin Road 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 7 City's Standard Agreement — June 2008 revision 8 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 Govemment 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. El 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 the 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. 8. 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 Califomia. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation 8 City's Standard Agreement — June 2008 revision 9 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: orrison, Mayor APPROVED AS TO FORM: Om; George H. iseII City Attorney NINYO & MOORE (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship -one signature) By: 9 (Name) (Print) (Title) r)r4,u7� /1 hr1i9 S (Print) J-"rzy (Title) 10 CiIt/s Standard Agreement — June 2008 revision EXHIBIT "A" The City will request various geotechnical materials testing services for the duration of this agreement. For each request, Consultant shall submit a cost proposal for the particular project/service consistent with hourly rates provided in Consultants response to the Citys initial Request for Proposal for On -Cali Engineering Services. • Projects may vary in scope and magnitude. The City is not obligated to contract all the soil and material engineering and testing services to the retained consultant. • A minimum of twenty-four (24) hour notice will be given, by the City, at the time of a request for service. This notice will cover all the necessary office work required to be performed prior to field work. Firms should be capable of providing requested services within twenty-four (24) hours after receipt of request. City may cancel a request for service at least two hours prior to the selected time without being subject to any changes. Soils and materials testing work will be accomplished according to the Project Drawing and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, and all other codes and practices applicable to material testing governing a particular project_ All reports and pertinent data obtained under the agreement between the City and the Consultant shall be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Compaction tests results should be available in the field at the time of testing on projects where previous sampling for maximum densities curves has been obtained. In any case, compaction test results shall be available no later than the next working day. Formal reports should be prepared and submitted as soon as the segment of the work is completed or when requested by the City. Hours shall be determined by the City Engineer_ The City will schedule work on a prior day basis, with the expectation of availability of a technician not more than one availability of a technician not more than one hour later than the desired time. When necessary and where possible, the City will coordinate work to allow the use of a single technician, but is under no obligation to do so. The City may schedule or reschedule work on the same basis. The City will not be liable for any tests where cancellation occurs at least two hours prior to the scheduled time. The testing services shall be provided efficiently and in timely fashion. All material testing services will be performed on the basis of a standard schedule of fees which shall be valid for the life of the contract. 27:.id tie: I_i: J. ( rj!rNd yi12 i • !Mow 1852 576 1OGO • r-.9\1058i 57,5,9600 %9111 N-�': r 1.:'�� `�_1��.. ::�� � ' iVigeeS • Oakia(1.1 • L.ij,Jeq._It . orw'i ll< • 11 City of National City As -Needed Material Testing Services Proposal No. P-8552 August 25, 2009 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Sods Atkrheg lints D 4.118,0- 204 ___. ...._ E C.alrtrrna Bexrg Rdu(CHR), U I883 (hiade arid &Cieamok CI 4173 CT 472.___.. Crnsdfdafim. 02435 CI 219...__._. Cax;duktor- tine Rye, 02435 CT 219 ___..... 1 tired St ea-Rvadded.D3980 fired Shea -Undisturbed ,03080_._.._.__...__.___ Drablty index -CT 229..__..____ ExpasionIndex. D4829,UBC 18-2_._ Exparmon Potential (Melba' A) D 4546__.._. Expansive Pressure (Method C}D4546 Geofabric Tensile and Elongation Test. D 4632_ _ _ $ ttydal+ccmdxAvily, 05084 _.__._. __._ _.._ $ nyctor eter Analy3s. D 422, CT 203. __ $ klasmre, ASTy. 8 Organic Matter of Pe.9Akgnir: Suds _. _..... $ MorstreE y,02216.CT22fi_._... Mcistuearid Density D2937_.__ Panrealidity. CH. 02434. CT 220_.. pH and PessWity. CT 643. _..._ _.. __$ Proctor Density 1557,0698,CT216.8._ AASIfTO T-180 (Rock oonedior s add $801 R-vioe, 0 2844. CT 301._._-__.. _ __-_ _.. Sad Ertivalet. 02419. CT 217 ____-_._ Sieve Analysis. D422.CT20Z.___._. Serve nn3ys"rs.200 Wash_ o t 140_ C1202___. _.. __..._ SpcnHc Gravity. D854...__._..._____ brawl Stva. C D.04767.T 297 1imud Shea. C.U.. w'perepressure, D 4767. T 2297 per f4 1naxml Shear, C.U-. Wopore prwxe. D 4767- T 7797 pra pt__. T,raredShear, u.U.,02850 __.._..__ Uuxrfined Carpressim. D 2166, T 208 Wax De6ity, D 1188_. Rooting tBrltop Roofing. arrant sarplcs. 0 2829 _ Roofing Mato iAs Andras.° 2829 _.. RoafirgTile Atnut n.(setd51.WC155 _..._. Roofing Tde StrcngUt lest, {set of 5).118C 15-5 Masonry rand Ahsrrptim, 24-hoursutanersim, C 67 Bride Absoplirn. 5 hair C61.._ Bride Atesrr(lim, 7 day.0 61 Bad CXI111 im Tr'1,C61 Fkid Edo, --mice, C67.__.. 13.0d Modlus of Rupture, C67_._ . Mdsiure as received, C 67 Bad Sahaahon Coefficient,C 61 Concrete flak Cantressicn Test 8xex 16. G 140 Cunur1e l lock Conformance Package, C 90 - Cermele Block Linea Shrinkage, C 426 _.. _ Concrete Dark (kN Weight and Absupgon, C 140 Cores.CA,11/11 rlaSTleaBad,CACode_.- M-cory Grout, 3s3x61msm attposKn UBC 21 18 _ _. M:r;,lry Mortar. 2x4 cy(rder ornpre ssim, UBC 21.16 Masonry limn_ brit sve, compressicr UBC 21 17 19 145 440 135 275 70 2`.1J 290 150 165 145 145 165 300 190 110 30 39 230 140 180 _$ 250 $ 50 $ 110 __S 90 S 90 $ 390 $ 330 $ 190 $ 140 $ 100 $ 90 $ 165 $ 500 $ 190 S 190 $ 45 $ 55 $ 60 _.. $ 45 $ 45 $ M) $ 35 S 50 $ 60 $ 440 $ 120 $ 55 55 $ 30 $ 30 $ 110 Corey Lie Qnrcnt Analysis Cherdr:al aryl Physics C 109 Caypre_ ioeTests,6x12CAnd3.C39... _. _.. _._.. Cadrete Mx Deign Review, Jab Spec.._...._..._ Cmaete Mx Design, per TM Batch. 6 cylib[r, Concrete Cars. Compress n (exduds sou ling). C 47 _. Drying Shvrkage, C 157 _.. Flexural Test. C 78 F1earl lest,C 293______ __ __- FluuaTest, CT5ZT._.._.__ _.__.. .. Guld',ilt ioele, Pane4s, 3 rot ores po paxal ad le . JobsiteTesting L .iuy. rgt4w4gti CerrrcieF-iA, C npre +m, C 495. __ Petrographic Analyst., C 8 6 - _.... Sating TanAv:Jreg7. C 496___.._ Reinforcing and Structural Steel 0k 1 rooting D3nsi{y Test, IJBC 7fi.... ltadte;s Test Ro ovell. A-370. - _. _.. 15gh Strexph Bolt, W4 8 Washer CmforriauK, sd. A-32 Mechj ciIy Spliced Reeder -ON Textile teat ACi Pre .Ae `dad(7 mreJ. A 416_._._.___.. ChenM:.1Analysis. A-36.AG75._......__ _._.. Rentorong Tensile a Bend up to No I1, A 6158 A 706__ Slrucirr d Steel Tode Test t41 to 0 lbs (mowing extra). A 370.___.. ... ____... Wdde1 Ronfora g Tensile lot lb to No. 11 has. ACE Asphalt Concrete ASpflcsilivS(Df="Jgn ClOdb Asphalt Mx Design Review, Job Spec._ EzYaArn, %Asphalt, irdudog Cradalim_ 112172, C T 310_. FiknSUipping,CT302 __-_- HveemMabdily and I Inn Wilt CTMOAS1M, Cl 366. _ MashaN Stability,Fkrw arid lkd Wdgt4, T-24S_ Marmon Theoc c:I Unit Wright. D 2041 Swell. CT 305 _. _. _ _..... . UN Weight sample a coe,D 2726CT308 Aggregates Absopbm. Coarse. C 127._..._ Alnopbm, Fine, C 128._._ Clay lumps ad Folk Pamdo, C 142. (Jearrss Value, CT 221.. _ _.. _......... Cnr,heJPatsies_ CT 205.._ Durability, Coarse, CT229_._ _... C rabilty, Fine CT 724 _. _... Los Angers Atxasxr+ C 131 a C 535 _... _ _ _._ . _. M;Aa making prepent s d fine aggregate.C87.._ _. (hgarncIncomes, C40.__......._..__ _. PdoitM R aclisrly d Aggnagate (ihenir 1 Method). C 289 S.ndfgiviart CT 717 Sieve Anahisrs.Cwse Aggregate.0 136 .- _... Sieve Aniysis. Fine Aggregate (mluding wash), C 116 Sedum Sulfate Soundness {pee Sze fralon). C 88 - _ - `pee9fcEiaily,Coa,e.C11L.. Spike Gravity, Fite, C 128 Speci3 prepaaMn of :Jocund lest gi,,e s wit to deaged at fie lohnicial s 0 rely rate Netyo 8 !dare is i . xekted to perloiiii the AASHTO ego+,alent of many ASTM test pc°Ledo,es $ 1,650 $ :2 _ $ 140 $ 750 5 55 $ 250 $ 50 $ 55 $ 430 __ $ 250 Quote 3 40 $ 1100 $ 80 3 55 S 50 S 120 _...._.S 95 S 140 S 120 S 50 $ 10 $ 55 $ 2200 $ 150 $ 215 $ 700 S 195 $ 215 $ 120 $ h;5 $ 90 35 35 $ 1W $ 120 $ 043 $ 130 S 130 S 180 $ 275 5 55 $ 390 _-___S 90 $ 105 $ 105 $ 160 S 75 $ 85 12 *nyo&iykunre Ettemte..ce 1 Q..arty r Co.m..:e.wrt $ 139 Senior Engineer/Geologist/Environmental Scientist $ 133 $ 127 Project Engineer/Geologist/Environmental Scientist $ 123 Senior Staff EngineedGeolo jisb'Environmental Scientist $ 109 Staff Engineer/Geologist/Environmental Scientist - - $ 96 GIS Analyst __________ .- $ 96 Field Operations Manager $ 87 Supervisory Technician' -_ $ 87 Nondestructive Exarflirtation Technician, Ur I, Mt, LP" $ III Pull Test Technician and Equipment' $ 87 Senior Field/laboratory Technician'. ---- ___ .. $ 77 Field/Laboratory Technician' $ 77 ACI Concrete technician` -- _ _ - -_-_ _...__ __ .. City of National City As -Needed Material Testing Services Proposal No P-8552 August 25, 2009 Section 7 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist/Environmental Scientist $ 77 Concrete/Asphalt Batch Plant Inspector $ 77 $ 77 $ 11 $ 77 $ 77 $ 77 $ 77 $ 69 $ 53 $ 52 Special Inspector, Reinforced Concrete' Special Inspector, Pre -stressed Concrete' _________ Special Inspector, Reinforced Masonry' Special Inspector, Structural Steel' Special Inspector, Welding, AWS` Special Inspector, Fireproofing Technical Illustrator/CAD Operator Geotechnical/Environmental4-aboratory Assistant Information Specialist Data Processing, [ethnical Editing, or Reproduction - $ 44 OTHER CHARGES Expert Witness Testimony Field Vehicle Usage Direct Project Expenses Laboratory testing. geophysical equipment, and other special equipment provided upon request_ $ 400/hr Concrete Coring Equipment (includes one technician) $ 145 Mr Special Preparation of Standard Test Specimens-----------------------------------------------------------------$ 64/hr Inclinometer Usage - $ 32 /hi Vapor Emission Kits _ $ 30 /kit Rebar Locator(Pachometer) --- $ 10/hr Nuclear Density Gauge Usage _____ $ 9/hr $ 8/tu Cost plus 15 % NOTES (Field Services) For field and laboratory technicians and special inspectors, regular houily rates are charged during normal weekday construction hours Over- time rates at 1.5 times the regular rates will be charged for work performed outside noirnal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 lours in one day or on Sundays and holidays I ead time for any re- quested service is 24 fours. Field Technician rates are based on a 2lrour minimum Special inspection rates are based on a 4-hourminimum for the first 4 hours and an 8-tour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. *Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semi annual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt A service charge of 1.0 percent per month may he charged on accounts not paid within 30 days_ TERMSAND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo & Moore's Work Authorization and Agreement 18 13 /'/iityo ti /Wore r.,pe.»Me r p..aiit i e� m�e,rt Client#: 704 NINYOMOOR1 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY) 10/14/09 IPRODUCER Dealey, Renton & Associates P. O. Box 12675 Jakland, CA 94604-2675 510 465-3090 Christine Silan 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. INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 INSURERS AFFORDING COVERAGE INSURER A American Automobile Ins. Co. INSURER B: Fireman's Fund Insurance Co. INSURER C: Lexington Ins. Co. INSURER D' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITI ISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACF OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE) OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DO/YY) POLICY EXPIRATION DATE IMMIDONYI LIMITS A GENERAL LIABILITY MZG80911156 10/03/09 10/03/10 EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LIABILIIY FIRE DAMAGE (Any one tire) $1,000,000 CLAIMS MADE I )7 OCCUR MED EXP (Any one person) 110,000 X PERSONAI B ADV INJURY S1,000,000 _Contractual X RR Cont CG2417 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMITAPPLIES PER' —I PRODUCTS -COMP/OP AGG $2,000,000 POLICY I X PRO- JFcr x LOC A AUTOMOBILE LIABILITY MZG80911156 10/03/09 10/03/10 COMBINED SINGLE HMIT X ANY AUTO (Eaau.dent) $1,000,000 ALL OWNED AUTOS BODILY INJURY '--- SCHEDULED AUTOS (Per ;return) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Pm accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ B EXCESS LIABILRY _ CGX71476790 10/03/09 10/03110 EACH OCCURRENCE $9.000,000 X I OCCUR I 1 CLAIMS MADE AGGREGATE $9 000,000 DEDUCTIBE L $ $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80973506 05/01/09 05/01/10 X WC STATU- RYIIMITS OTH- 70ER E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE -EA EMPLOYEE S1,000,000 F L_ DISEASE - POLICY LIMIT $1,000,000 C °iHER Professional 013001489 10/03/09 10/03/10 $5,000,000 per Claim & Contractor's $5,000,000 Annl Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICI.ES/EXCWSIONS ADDED 8Y ENDORSEMENTISPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City. 1 DER ADDITIONAL INSURED ;INSURER LETTER City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WINX§110EAJOBX TO MAIL 30 DAYS WRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAMED TO THE LEFT,)n($( MIDe(MOODZIDp fyx11 XRACCIONOMIXOLKIMICIRRl(LFR KRtlPfnfCO ACCO1(6D0FX )0EXIM XXKRTnDc AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 of 1 #M259476 14 DAC © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY/AUTOMOBILE UABILITY ADDITIONAL INSURED_ City of tional City, its officers, employees, and volunteers. ...urance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07197) 2 of 2 #M259476 15 POLICY NUMBER: MZGB0911156 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Additional Insured Person(s) Or Organziation(s): Location(s) Of Covered Operations City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ADDITIONAL INSURED: City of National City. Information required to complete this Schedule, if not shown above, will be shown in the Declarations_ A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been corn- pleted; 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 subcontrator engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM 16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 "attaching clause' needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80973506 Issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. 'erson or Organization City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 WC 04 03 06 (Ed. 4-84) Schedule Job Description REF: ALL OPERATIONS OF THE NAMED INSURED. City of National City. Countersigned by Authorized Representative 17 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 8 'EM TITLE: Resolution of the City Council of National City approving a contract agreement between the City and Project Professionals Corporation for the Not -to -Exceed amount of $300,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BY: Barby Tipton DEPARTMENT: Develo erves-Engineering Div' PHONE: 4583 / APPROVED BY EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $300,000.) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and construction management for various Capital Improvement Projects. Fourteen RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, level of expertise and competency, familiarity with cities and with National City's processes and priorities and the cost to the City. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. Two of the firms selected have a proven performance history with the City and the other 3 firms selected will provide certain areas of expertise as well as provide competition amongst the firms to keep the City's cost down and allow for an avenue for new firms to demonstrate that too can provide the necessary services needed and required by the City. As on -call services are needed, supplements to the agreement will be processed to account for actual amounts and project(s) to be charged within the not -to -exceed limit. Several firms may work on the same project, depending on the actual services needed. The California Multi -Agency CIP Benchmarking Study Annual Report of 2008 indicates that project delivery costs averages 40% of the construction costs, with design costs being an average of 23% and construction management being 17%. The current approved CIP is about $15 million and the anticipated upcoming CIP projects could total an additional $16 million. Our estimate for delivery cost is significantly lower than the average delivery costs because City staff: • Promotes competition by means of issuing Request for Proposals • Limits the duration of contracts with consulting firms • Promotes hiring of consultants with a proven performance history with the City • Recommends the hiring of multiple firms each year • Closely monitors contracts for cost and performance compliance • Hires consulting firms that offer a broad range of professional & technical services. Staff recommends that council approve the agreement with Project Professionals Corporation in the not to exceed amount of $300,000. Among other services, this firm will provide most of the construction management and construction inspections needed on every CIP project. 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 A NOT -TO -EXCEED AMOUNT OF $300,000 FOR A TWO-YEAR PERIOD TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects; 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 $300,000. 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 for a two-year period to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for the not -to -exceed amount of $300,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 5th day of October, 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 on -call general engineering services, construction inspections and project management services for the City's Capitol Improvements projects. 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 perform services on an on -call basis. The scope of work will be defined for each project in accords with the attached fee schedule (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 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron Wade 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 $300,000.00. 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 on October 6, 2012. With mutual agreement of parties, contract may be extended for period of one (1) year. 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 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 necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 City's Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the 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 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. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the 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. t. 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 5 City's Standard Agreement - June 2008 revision "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 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 6 City's Standard Agreement — June 2008 revision CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Project Professionals Corporation Attn: Byron Wade 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 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 7 City's Standard Agreement - June 2008 revision 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. Li 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. 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. t. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this 8 City's Standard Agreement — June 2008 revision 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 PROJECT PROFESSIONALS CORPORATION (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietor hip - one pigna By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By: (Name) QQ LQ ► ne_ V_ (Print) (Print) (Title) *9-Ar-PE10.2,‘Q_ GFo (Title) 9 City's Standard Agreement -- June 2008 revision EXHIBIT "A" PROJECT PROFESSIONALS CORPORATION Schedule of Rates Project Professionals Corporation Title Hourly Rate Prevailing Wage Prevailing 0/1- Principal Project Manager $150 N/A N/A Project Manager $105 N/A N/A Principal Civil Engineer $165 N/A N/A Senior Civil Engineer $135 N/A N/A Principal Planner $150 N/A N/A Senior Public Works Inspector $116 $116 $156 Public Works Inspector $114 $114 $154 CAD Operator/Civil Designer $75 N/A N/A Administrative Assistant $68 N/A N/A Oriel Engineering Title Hourly Rate Senior Structural Engineer $165 Senior Engineer $140 Engineer I $80 Technical Drafting Services $75 Administrative Support $50 May Group, Inc. Title Hourly Rate Prevailing Wage Principal Licensed Land Surveyor $150 N/A 2-Person Survey Crew $175 $205 Land Surveyor, Office $100 N/A CAD Mapper $75 N/A Environs Landscape Architecture, Inc. Title Hourly Rate Principal Landscape Architect $125 Landscape Architect $100 Landscape Designer $80 Site Observation/Plant Material Selection $100 656 5rH AVENUE, SUITE W SAN DIEGU, CALIFORNIA 92 1 D 1 ProiectProf ssionalsCorp.com TELEPHONE 61 9.244.341 O FACSIMILE 6 1 9.794_D 1 S❑ A O CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMIOD/YYYYM OB/02/2010 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 PPODUCER, AND THE CERTIFICATE HOLDER. II rANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION is WAIVED, subject to the G Ind 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 (AID, No. EA): (888) 661-3938 E-MAIL ADDRESS. Service.centerCatravelers.com FAX (A/C, No): (877)552-6091 PRODUCER ,SJ,STQMER ID p: 1104EA146 INSURER(SI AFFORDING COVERAGE NAIC # INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVENUE STE. 1 SAN DIEGO, CA 92101 INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY Of AMERICA INSURER B:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER C: INSURER D: INSURER E: INSURER F: :OVERAGES TIFICATE NUMBER: 325776802141802 REVISION NUMBER: 0000000001 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'SR rR TYPE OF INSURANCE ADDL INSR X SUBR WVD X POLICY NUMBER POLICY EPF (MMIDO[Y YYYj_ 05/10/2010 POLICY EXP (MM/DDIYYYYI 05/10/2011 LIMITS B GENERALLIABIITY X COMMERCIAL GENERAL LIABILITY 1X I OCCUR APPLIES PER: LOC 680-9688P418-10 EACH OCCURRENCE $2,000,000 $300,000 DAMAGE TO RENTED PREMISES (Ea occ'.arcnce1 CLAIMS -MADE MED EXP (Any one person) $ 5, 000 X GENY. FURL D l010 NON NON OWNED AUl0 AGGREGATE LIMIT PRO POLICY 1� JECT PERSONAL 8 ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000.000 PRODUCTS • COMP/OP AGG $4,000,000 $ MOBILE LIABILITY COMBINED SINGLE LIMtr (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE tPer accident) $ $ $ — UMBRELLA LIAR EXCESS LIAB I OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ D DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YtN ANY PROPRIETOR!PARTNERfEXECUTIVE f--1 OFFICER/MEMBER EXCLUDED? ` (Mandatory in NH) If yyes, describe under SPf DIAL PREVISIONS helrnv NIA X UB-1329R331-10 05/10/2010 05/10/2011 WC X I A IT0 R S 1 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 ESCRIPTION OF OPERATIONS! LOCATIONS ( VEHICLES (Attach ACORD 181, Additional Remarks Schedule, if more space is required) \S RESPECTS TO GENERAL LIABILITY. CERTIFICATE HOLDER IS ADDITIONAL INSURED - BLANKET ADDITIONAL NSURED-OWNERS/LESSEES/CONTRACTORS, CG D1 05, BUT ONLY AS RESPECTS TO CONSULTING NORK BEING PERFORMED BY THE INSURED. AS RESPECTS TO GENERAL LIABILITY, SUBROGATION AGAINST =ITY OF NATIONAL CITY HAS BEEN WAIVED PER CG D1 86. AND AS PER ATTACHED. :ERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE • ©1988-2009 ACORD CORPORATION. All rights reserved. CORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES CONTINUED... AS RESPECTS TO WORKERS COMPENSATION COVERAGE, WC 04 03 06 (1)-WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA, HAS BEEN ATTACHED TO THE POLICY. CITY OF NATIONAL CITY IS LISTED IN THE ENDORSEMENT SCHEDULE AS A DESIGNATED PERSON OR ORGANIZATION. CG M1 06 PROVIDES A TOTAL AGGREGATE LIMIT OF $10,000,000 THAT APPLIES TO ALL "PROJECTS". COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured) whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing. approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from insurance Services Office, Inc. TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (IJUB-1329R33-1-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have fhe 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 you' employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 1.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY CONSULTING DATE OF ISSUE: 08-02-10 STASSIGN: ACORO® CERTIFICATE OF LIABILITY INSURANCE PRODUCER (619) 683-9990 FAX: (619) 683-9999 Michael Ehrenfeld Company Camino Del Rio North San Diego INSURED CA 92108 Project Professionals Corporation 656 5th Ave., Ste. W San Diego CA 92101 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED DATE (MMIDDIYYYY) 7/22/2010 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A --Continental Casualty Company 204430 INSURER S- INSURER O INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ILTR TAntri DNSRD TYPE OF INSURANCE t POLICY NUMBER NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH C:.AIMS. 1 DATE ' ATE EXPIRATIONY RAM/D DATE (.MM/DDlYYYVI' DATE (MMJDD LIMITS GENERAL GENII __. LIABILITY 1 COMMERCIAL GENERAL �_IA84'. iv E CLAIMS MADE I _I OCCUR i , i AGGREGATE LIMIT APPLIES PER. POLICY `--"-I PET i.. I LOC ( EACH OCCURRENCE , $ DAMAGE TO RENTEDcurr PREMISES (Ea occur{once) S MEO EXP (Ary one person] i S PERSONAL & ADV INJURY f $ GENERAL AGGREGATE ? S PRODUCTS - COMP/OP AGG $ I r AUTOMOBILE -- jANY -- --- LIABILITY AV TO ALL OWNED AUTCS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS _._......__...__ ..__.__.._ I - COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person] BODILY INJURY ;Per ac^:dent} PROPERTY DAMAGE (Per accident) • S S S GARAGE -_-- LIABILITY ANY AUTO I AUTO ONLY- EA ACCIDENT $ S S EA ACC OTHER THAN --- ____..___.__._.._.__________ AUTO ONLY: AGG _EXCESS 1 I UMBRELLA LIABILITY 1 - OCCUR I_.- j CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE S $ S WORKERS ANDEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe SPECIAL COMPENSATION YIN j GC STAID. IOTH- _,_.1QRY_LIMJS-........L.ER EL EACH ACCIDENT $ S S I EXCLUDED? _ In NH) I under PROVISIONS below E L- DISEASE EA EMPLOYE E.L. DISEASE - POLICY LIMIT A OTHERpro£essional Liability Claims -made NCA28832S552 5/10/2010 5/10/2011 Per claim limit Aggregate limit II di ti h10 (Art aim $1,000,000 $2,000,000 $10,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate holder is named additional insured as respects the operations of cancellation only required in the event of non-payment of premium. the named insured. 10 days notice of CERTIFICATE HOLDER CANCELLATION City of National City, its elected officials, officers, agents and employees Attn: Barby Tipton 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE David Jacobson/GLH ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. INS02512oo<Jol)01 The ACORD name and logo are registered marks of ACORD CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: October 5, 2010 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of National City approving a contract agreement between the City and Harris & Associates for the Not -to -Exceed amount of $100,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BY: Barby Tipton PHONE: 4583 EXPLANATION: See attached • FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Develop APPROVED BY: APPROVED: APPROVED: ngineering • Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $100,000.) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: TACHMENTS: 1. Explanaton 2. Agreement 3. Resolution Explanation: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and construction management for various Capital Improvement Projects. Fourteen RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, level of expertise and competency, familiarity with cities and with National City's processes and priorities and the cost to the City. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. Two of the firms selected have a proven performance history with the City and the other 3 firms selected will provide certain areas of expertise as well as provide competition amongst the firms to keep the City's cost down and allow for an avenue for new firms to demonstrate that too can provide the necessary services needed and required by the City. As on -call services are needed, supplements to the agreement will be processed to account for actual amounts and project(s) to be charged within the not -to -exceed limit. Several firms may work on the same project, depending on the actual services needed. The California Multi -Agency CIP Benchmarking Study Annual Report of 2008 indicates that project delivery costs averages 40% of the construction costs, with design costs being an average of 23% and construction management being 17%. The current approved CIP is about $15 million and the anticipated upcoming CIP projects could total an additional $16 million. Our estimate for delivery cost is significantly lower than the average delivery costs because City staff: • Promotes competition by means of issuing Request for Proposals • Limits the duration of contracts with consulting firms • Promotes hiring of consultants with a proven performance history with the City • Recommends the hiring of multiple firms each year • Closely monitors contracts for cost and performance compliance • Hires consulting firms that offer a broad range of professional & technical services. Staff recommends that Council approve the agreement with Harris & Associates in the not to exceed amount of $100,000. Among other services, this firm will provide design, specifications preparation, miscellaneous engineering, grant preparation and traffic engineering for CIP projects. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARRIS & ASSOCIATES FOR A NOT -TO -EXCEED AMOUNT OF $100,000 FOR A TWO-YEAR PERIOD TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects; and WHEREAS, the City has determined that Harris & Associates is qualified by experience and ability to perform the services desired by the City, and Harris & Associates is willing to perform such services for the not -to -exceed amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Harris & Associates for a two-year period to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES THIS AGREEMENT is entered into this 5th day of October, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Harris & Associates, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call general engineering services, construction inspections and project management services for the City's Capitol Improvements projects. 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 perform services on an on -call basis. The scope of work will be defined for each project in accords with the attached fee schedule (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 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the 1 progress and execution of this Agreement for the CONSULTANT. Ehab Gerges 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 $100,000.00. 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 on October 6, 2012. With mutual agreement of parties, contract may be extended for period of one (1) year. 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 22 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 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. 33 City's Standard Agreement - June 2008 revision 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 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 priorwritten 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. 44 Citys Standard Agreement —June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the 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. 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 5 5 City's Standard Agreement — June 2008 revision "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey'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, Califomia, 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 airected 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 66 City's Standard Agreement -- June 2008 revision 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, (ili) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Harris & Associates Attn: Ehab Gerges, PE 750 B Street, Suite 1800 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 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 77 City's Standard Agreement — June 2008 revision 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. 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 88 City's Standard Agreement — June 2008 revision Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (v1) 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 HARRIS & ASSOCIATES (Corporation — signatures of two corporate officers) (Partnership— one aigoattrre) (Sole proprtetorshJp-,ane -'., •furs) 13y: By: Ron Morrison, Mayor (true) APPROVED AS TO FORM: Claudia G. Silvia City Attorney 9 (Print) I`RIeO (Print) A-24-4 str4-e'Il- ` U i(e V c-510 , (Title) 9 City'sStandard Agreement —June2008 revision EXHIBIT "A" 11 Harris & Associates RANGE OF HOURLY RATES: ALL EMPLOYEES Effective January 1 - December 31, 2010 ENGINEERING DESIGN AND MUNICIPAL SERVICES GROUPS HOURLY RATE Project Directors $190-290 Project Managers 150-270 Project Engineers 125-250 Technical Support 75-150 Administration 65-130 CONSTRUCTION / PROGRAM MANAGEMENT HOURLY RATE Project Directors $190-290 Project Managers 150-270 Construction Managers 125-220 Resident Engineers 150-220 Construction Engineers 110-220 Scheduling Engineers 110-190 Cost Engineers 110-220 Inspectors # 100-220 Technicians 90-160 Administration 65-130 'Notes: Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective January 1, 2011 and on the 1st of January every year thereafter. Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes). # Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area. 10 E ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE OB/03/2/2010 PRODUCER 0757776 1-800-877-4560 HUB International Insurance Services Inc. P.O. Box 4047 Concord, CA 94524 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 INSURED Barris 6 Associates Inc. Attn: Susan Mandilag 1401 Willow Pass Road, Suite 500 Concord, CA 94520 I INSURER A: OneBeacon America Insurance Co. INSURER S:Wausau Underwriters Insurance Company INSURER C: Colony National Insurance Company MSURERO:Travelers Property Casualty Co of Amer. INSURER E: Continental Casualty Company 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE ((y1M/DDIYYI POLICY EXPIRATION DATE tMWDD/YYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 7180096900004 08/01/10 - 08/01/11 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) $ 1,000,000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 10 , 000 X "X" "C" "U" PERSONAL 3ADV INJURY $ 1,000,000 X Separation Of Insureds GENERAL AGGREGATE $2,000,000 GENT_ AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 —1 POLICY 1 % jF f jf LOC B AUTOMOBILEUABIUTY ANY AUTO A BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ `I OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESSUABIUTY AR6460401 08/01/10 08/01/11 EACH OCCURRENCE $ 10,000,000 X I OCCUR CLAIMS MADE D $ $ D wORKERS COMPENSATION AND EMPLOYERS' LIABILITY •r, PJUB8166N36A10 08/01/10 08/01/11 X TWORYLIMI S ER E L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DIRE aSE-POLICY LIMIT $ 1,000,000 E OTHER Professional Liability AEA113822501 08/01/10 08/01/11 Per Claim: $10,000,000 Aggregate: $ 15,000,000 Dad. Each Claim: $150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ** Workers Compensation policy excludes monopolistic states ND, O8, WA, WY. General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms ASCD010 0198 4 CA2048 0299. RE: As -needed Civil Engineering Svcs. for Capital projects FY 2008-09 (BA It082-0270) CERTIFICATE HOLDER ADDITIONAL INSURED• INSURER LETTER: CANCELLATION Ten Day Notice for Non -Payment of Premium 082-0270 City of National City Din Daneshfax Principal Civil Engineer 1243 National City Blvd. National City, CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, doccomanzsocoomatx e...);t..*.L),-.•...'i.(fl..tII.I Av.••,f •\!.14)I, r.).t-.,n1I CJ- 41.11P. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) dgarcia 16914763 L 11 O ACORD CORPORATION 1988 TRAVELERS J EEV D ENGIUEERIUG DEPT. WORKERS COMPENSATION AND 2010 AUG - crMPMLO 'EALIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: (PJ-UB-8166N36-A-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: o--- ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 08-02-10 o01362 ST ASSIGN: 12 Excerpts from: Form CA0001 0306 BUSINESS AUTO COVERAGE FORM Policy Number. ASJZ91455034010 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2010 to August 1, 2011 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a °trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an `insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Page 1 of 1 13 7:8 Excerpts from: Liberty Mutual form AC 84 07 05 09 Liberty EXPRESS SM Auto Enhancement Endorsement BUSINESS AUTO COVERAGE FORM Policy Number: ASJZ91455034010 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2010 to August 1, 2011 XXIV - WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV — BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to waive rights of recovery against such person or organization. Page 1 of 1 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-fled by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHERE THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO INCLUDE SUCH PERSON OR ORGANIZATION AS A DESIGNATED INSURED. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Effective Date 08/01/2010 For attachment to Policy No. Audit Basis Expiration Date 08/01/2011 AS.Z91455034010 Issued To Hams & Associates Inc. PC/Or Pt 111 SECRETARY PRESIDENT Countersigned by Authorized Representative CA 20480299 Copyright, Insurance Services Office, Inc., 1996 15 5:8 Excerpts from: OneBeacon Form VCG 206 02 05 @VANTAGE FOR GENERAL LIABILITY - CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number: 7180096900004 Insurer: OneBeacon America Insurance Company Policy Period: August 1, 2010 to August 1, 2011 5. BLANKET WAIVER OF SUBROGATION Section IV -Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. Page 1 of 1 16 POLICY #: 7180096900004 EFFECTIVE: 08/01/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILTTY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GL CONTRACTORS EXTENDER paragraph I. ADDITIONAL INSURED — REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. 1. WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organi?ation. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or `personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", `property damage", or `personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving ur failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and H. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations heard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owncd or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary and/or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. ASC 00 10 01 98 Page 1 of 1 17 3:8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MFETING DATE: October 5, 2010 AGENDA ITEM NO. 10 iEM TITLE: Resolution of the City Council of National City approving a contract agreement between the City and Kimley- Horn & Associates, Inc. for the Not -to -Exceed amount of $100,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) �t� PREPARED BY: Barby Tipton / DEPARTMENT: Develo• Se, ices -Engineering PHONE: 4583 APPROVED B EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $100,000.) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: "TTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and construction management for various Capital Improvement Projects. Fourteen RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, level of expertise and competency, familiarity with cities and with National City's processes and priorities and the cost to the City. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. Two of the firms selected have a proven performance history with the City and the other 3 firms selected will provide certain areas of expertise as well as provide competition amongst the firms to keep the City's cost down and allow for an avenue for new firms to demonstrate that too can provide the necessary services needed and required by the City. As on -call services are needed, supplements to the agreement will be processed to account for actual amounts and project(s) to be charged within the not -to -exceed limit. Several firms may work on the same project, depending on the actual services needed. The California Multi -Agency CIP Benchmarking Study Annual Report of 2008 indicates that project delivery costs averages 40% of the construction costs, with design costs being an average of 23% and construction management being 17%. The current approved CIP is about $15 million and the anticipated upcoming CIP projects could total an additional $16 million. Our estimate for delivery cost is significantly lower than the average delivery costs because City staff: • Promotes competition by means of issuing Request for Proposals • Limits the duration of contracts with consulting firms • Promotes hiring of consultants with a proven performance history with the City • Recommends the hiring of multiple firms each year • Closely monitors contracts for cost and performance compliance • Hires consulting firms that offer a broad range of professional & technical services. Staff recommends that council approve the agreement with Kimley-Horn and Associates, Inc., in the not to exceed amount of $100,000. Among other services, this firm will provide mostly traffic engineering for CIP projects. 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into this 5th day of October, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kimley-Horn and Associates, Inc., (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call general engineering services, construction inspections and project management services for the City's Capitol Improvements projects. 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 perform services on an on -call basis. The scope of work will be defined for each project in accords with the attached fee schedule (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 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the 2 progress and execution of this Agreement for the CONSULTANT. Scott Colvin, P.E. 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 $100,000.00. 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 on October 6, 2012. With mutual agreement of parties, contract may be extended for period of one (1) year. 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 :,hall 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 3 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, anc 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 necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 4 Citys Standard Agreement — June 2008 revision 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 cf this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 5 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the 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: El 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. 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 5 6 City's Standard Agreement — June 2008 revision "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated .with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 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 6 7 City's Standard Agreement — June 2008 revision 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, (iil) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Kimley-Horn and Associates, Inc. Attn: Scott Colvin, P.E. 401 B Street, Suite 600 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 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 7 8 City's Standard Agreement - June 2005 revision 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. n 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 automaticallybe extended until 5:00 p.m. Pacific Time of the next daywhich is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this 8 9 City's Standard Agreement — June 2008 revision 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 WIT-NESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY KIMLEY-HORN AND ASSOCIATES, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one sig -cure) By: By: Ron Morrison; Mayor (Name) tl i1gwt W1--d (Print) (Title) APPROVED AS TO FORM: Claudia G. Silvia (Name)' City Attorney 9 (" (Print) /I' % ' / 7: 5.G �.;�'.l (Title) 10 Citys Standard Agreement — June 2000 revision Proposal for On -Call Professional Engineering & Construction Inspection Services EXHIBIT "A" V. Rate Schedule Kimley-Horn and Associates, Inc. Hourly Rate Schedule Effective July 1, 2010 to June 30, 2011 PRINCIPAUSR. TECHNICAL ADVISOR $215.00 SENIOR PROFESSIONAL $165.00 PROFESSIONAL $145.00 ANALYST $115.00 DESIGNER/TECHNICIAN/CADD OPERATOR $125.00 PROJECT ADMINIS !RADON ION $115.00 SUPPORT STAFF $80.00 'Rates are subject to a yearly 4% increase_ National City j On -Call Professional Engineering 8 Construction Inspection Services 34 I OYatnn2d In 11 primiwri ACORL CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY) 9/23/2010 PRODUCER (770) 552-4225 FAX: Ames and Gough 450 Northridge Parkway Suite 102 Atlanta GA 30350 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # • INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURER A Lexington Insurance Company INSURER B INSURER C: INSURER D. INSURER E COVERAGES THE ANY MAY POLICIES. INSR TR POLICIES REQUIREMENT, PERTAIN, ADD NSRD OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OSUCH AGGREGATE LIMITS SIIOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYYYI POLICY EXPIRATION DATE (MMIDD/YYYYI LIMITS GENERAL LIABIIJTY COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ DAMAGE TO HEN I ED PREMISES (Ea occuuencel $ CLAIMS P AUE r 1 OCCUR MED EXP (My one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I PRO- JECT I LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ' Al 1. OWNFD AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - - COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ --i BODILY INJURY per attidenp -- -'.� PROPERTY DAMAGE (Per accident) $ ,_____ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EXCESS/ UMBRELLA LIABILITY OCCUR I CLAIMS MADE EACH OCCURRENCE $ _j AGGREGAI E $ DE DUC I IBLE RETENTION $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory II yes. describe SPECIAL COMPENSATION LIABILITY YIN EXCLUDED? I II WC STAID- I IOTH- TORY LIMITS i ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ in NH) under PROVISIONS below El. DISEASE - POLICY LIMIT $ A OTHERProfessional Liability 14273592 12/9/2009 12/9/2010 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: All City of National City Projects CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL '1MQW'YCX1,)t1'L(MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XX mookawAxxx AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/01) 1NS025 (20091)1) 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 te:ins 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) IN S025 tzaoso l ) 13 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMI0OiYYYY) 9/23/2010 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 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 Ames and Cough 450 Northridge Parkway Suite 102 Atlanta GA 30350 NAME: CONTACT Jerry Noyola PHOONNOExU: E (770)552-4225 [F�,NoI_ E-MAILola@ames ADDRESS: no Y gough. com PRODUCER 90001398 CUSTOMER ID #. INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURER(S) AFFORDING COVERAGE msuRERA:Travelers Indemnity Co. of CT INSURERS :Travelers Indemnity Company INsuRERc:Travelers Property Casualty Co. INsuRERo:Phoenix Insurance Company INSURER E INSURER F : NAIC if COVERAGES CERTIFICATE NUMBER 10-11 (Kimley Jessica) ISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR i I TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM+DD(YYYY) POLICY EXP (MM/DD/YYYY) LIMfrS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ��` I OCCUR 630-315X3476-TCT-10 9/1/2010 9/1/2011 EACH OCCURRENCE j $ 1,000,000 X DAMAGO E PREMISES (Ea occurrence) ( 1 000,000 5 r I I CLAIMS -MADE LX MEDEXP (Any one person) S 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE IIMU APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 �'POLICY I Xl PRO- JECT X Loc $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 810-171L6115-IND-10 9/1/2010 9/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, _ - BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ - — , PROPERTY DAMAGE (Per accident) --- $ X X Underinsured motorist BI split $ Uninsured motorist property $ C X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE CUP-171L6115-TIL-10 9/1/2010 9/1/2011 EACI I OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X DEDUCTIBLE RETENTION $ 10,000 $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER'EXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) II yyes, describe under DESCRIPTION OF OPERATIONS Y f N N I A IWC-836C8783-10 9/1/2010 9/1/2011 INC STATU- IOTH- X_ -i TORY LIMITS ! ER E.L. EACH ACCIDENT $ 500,000 I N FI DISEASE - EA EMPLOYED $ 500,000 below E.L. DISEASE -POLICY LIMIT - -- - - - $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: All City of National City Projects The City of National City, its elected officials, officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. Waiver of Subrogation is applicable where required by written contract & allowed by law. CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 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 Matias Ormaza/JOSH 1 ACORD 25 (2009109) INS025 (200sos) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are relAtered marks of ACORD Policy Number:630-315X3476-TCT-10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that you agree in a "written contrail requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b_ If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D414 04 08 plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you I, specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance"_ But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: O 2008 The Travelers Companies. inc. Page 1 of 2 15 COMMERCIAL GENERAL LIABILITY o••••••Nros •w- 0 0 i. How, when and where the "occurrence" or offense took place; ii_ The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2008 The Travelers Companies, Inc. CG D4 14 04 08 006459 16 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 II — 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 1I — 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 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. CAT3530310 © 2019 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 17 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 11 — 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 11— LIABILITY COVERAGE: (4) AU 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 (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation unposed 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. (a) 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: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION 11— LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for 'your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION It — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 O 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 18 COMMERCIAL AUTO to the "insured" whether primary, excess contingent or on any other basis. (c) 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. 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. (d) 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, 'pr- ior 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 III — 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". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: 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 11I — 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); (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". CA T3 53 03 10 CO 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 19 COMMERCIAL AUTO 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- 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. Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 20 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- 001 POLICY NUMBER: (PVYCN-UB-836G873-3-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 09- 09-10 ST ASSIGN: 21 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC., FOR A NOT -TO -EXCEED AMOUNT OF $100,000 FOR A TWO-YEAR PERIOD TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects; and WHEREAS, the City has determined that Kimley-Horn & Associates, Inc., is qualified by experience and ability to perform the services desired by the City, and Kimley- Horn & Associates, Inc., is willing to perform such services for the not -to -exceed amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kimley-Horn & Associates Inc., for a two-year period to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of National City approving a contract agreement between the City and CivilSource, Inc. for the Not -to -Exceed amount of $100,000 for a two year period to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BY: Barby Tipton ` ,49" DEPARTMENT: Deve PHONE: 4583 APPROVED EXPLANATION: See attached s-Engineering FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Project will fund this agreement on an as needed basis.) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and construction management for various Capital Improvement Projects. Fourteen RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, level of expertise and competency, familiarity with cities and with National City's processes and priorities and the cost to the City. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. Two of the firms selected have a proven performance history with the City and the other 3 firms selected will provide certain areas of expertise as well as provide competition amongst the firms to keep the City's cost down and allow for an avenue for new firms to demonstrate that too can provide the necessary services needed and required by the City. As on -call services are needed, supplements to the agreement will be processed to account for actual amounts and project(s) to be charged within the not -to -exceed limit. Several firms may work on the same project, depending on the actual services needed. The California Multi -Agency CIP Benchmarking Study Annual Report of 2008 indicates that project delivery costs averages 40% of the construction costs, with design costs being an average of 23% and construction management being 17%. The current approved CIP is about $15 million and the anticipated upcoming CIP projects could total an additional $16 million. Our estimate for delivery cost is significantly lower than the average delivery costs because City staff: • Promotes competition by means of issuing Request for Proposals • Limits the duration of contracts with consulting firms • Promotes hiring of consultants with a proven performance history with the City • Recommends the hiring of multiple firms each year. • Closely monitors contracts for cost and performance compliance • Hires consulting firms that offer a broad range of professional & technical services. Staff recommends that Council approve the agreement with CivilSource in the not to exceed amount of $100,000. Among other services, this firm will prepare some of the design and specifications for projects. 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CIVILSOURCE THIS AGREEMENT is entered into this 5t' day of October, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CivilSource (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call general engineering services, construction inspections and project management services for the City's Capitol Improvements projects. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experien:e 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 on an on -call basis. The scope of work will be defined for each project in accords with the attached fee schedule {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 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the 2 progress and execution of this Agreement for the CONSULTANT. Amy Amirani 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 $100,000.00. 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 on October 6, 2012. With mutual agreement of parties, contract may be extended for period of one (1) year. 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 3 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 necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 4 City's Standard Agreement— June 200E revision 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 govemmental 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 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. 4 5 City's Standard Ayweement - June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the 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. 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 5 6 City's Standard Agreement — June 2008 revision "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. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the pal t of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 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 6 7 City's Standard Ayreemenl - June 2008 revision CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 CivilSource Attn: Amy Amirani, P.E> 500 Wald Irvine, CA 92618 Notice of change of address shalt 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 7 8 City's Standard Agreement — June 2008 revision 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 cf this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this 8 City's Standard Agreement — June 2008 revision City Attorney 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: CIVILSOURCE (Corporation - signatures of two corporate officers) (Partnership - one signature) jSole proprietorship - one signature) By: (' (Name) if (Print) (Title IY Claudia G. Silvia (Name) By: am / aYY� 9 (Print) (Title) 10 City's Standard Agreement — June 2008 revision paNi RATE SCHEDULE Principal/Project Director Project Manager Principal Engineer On -Call Professional Engineering & Construction inspection Services Rate Schedule EXHIBIT "A" $140 Senior Project Engineer Construction Manager/Resident Engineer Design Engineer , Scheduling/Cost Engineer $120 $115 $110 $110 $100 $90 Senior Planner/Permit Specialist CADD Operator/Drafter LEED Certified Inspector Senior Field Inspector Contract Administration $So $70 $too $89 $58 Technical Support Administration Reproduction $54 $54 Cost Consultant Services Cost i- 10% Automobile Transportation Delivery, Freight, Courier Agency Fees Commercial Travel $.40 per mile Cost Cost Cos t CiviCSaurce 11 Client#: 13851 CIVILSOUR ACORDn. CERTIFICATE OF LIABILITY INSURANCE DATE (MM(DD/YYYY) 09/22/10 PRODUCER bealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427-6810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 11 INSURED Civil Source, Inc. 500 Wald Street Irvine, CA 92618 INSURER A Travelers Indemnity Co. of Connectic INSURER B Travelers Property Casualty Co of Am INSURER . Travelers Casualty&Surety Co of Amer INSURER D' 25682 25674 31194 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 DE ISSUED OR MAY PERTA€N, T HE 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 _TR ADD'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD,YY) POLICY EXPIRATION DATE (MMIDDEM LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 6802810L758 General Liab. excludes claims arising out of the performance of professional services. 07/20/10 07/20/11 EACH OCCURRENCE 51,000,000 X DAMAGE TO RENTED PREMISES NTrineocx! Si 000,000 810,000 CLAIMS MADE X OCCUR MED EXP (Any one person) X Contractual Liab. PERSONAL BADV INJURY $1,000,000 s2,000,000 s2,000,000 GENERA;. AGGREGATE GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG POLICY X JECT PRO LOC B AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA4592L377 07/20/10 07120/11 COMBINED SINGLE OMIT (Ea accident) 81,000,000 BODILY INJURY (Per person{ $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC s AUTO ONLY AGG $ B EXCESS/UMBRELLALIABILITY CUP6772Y251 Does not include Professional Liability. 07/20/10 07/20/11 EACH OCCURRENCE 81,000,000 XJ OCCUR ! 1 CLAIMS MADE AGGREGATE 81,000,000 s DEDUCTIBLE RETENTION $ s s B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEEL. OFOCER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below UB6771Y518 07/20/10 07/20/11 X WCSTA7U- OTH- TORY OMITS FR EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE 81,000,000 $1,000,000 EJ. DISEASE - POLICY LIMIT C OTHER Professional Liability Claims made 105316987 07/20/10 07/20/11 $2,000,000 per claim $2,000,000 annl aggr. $5,000 Ded. per claim DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES! EXCLUSIONS ADDED BY ENDORSEMFiNT 1 SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents, and employees are additional insured on General & Auto Liability coverage as per written contract. Waiver of subrogation included in work comp. (See Attached Descriptions) CERTIFICATE HOLDER City of National City Attn: Maryam Babaki, P.E- 1243 National City National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Rt1gNEl MAIL 1n DAYS WR!TTET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, X (1 ( xteN1 1XXet14I X AUTHORIZE REPRESENTATIVE tl- VaIrgte ACORD 25 (2001/08) 1 of 2 #S274246/M274245 THC e ACORD CORPORATION 1988 General Liability Deductible: $0 AMS 25.3 (2001/08) 2 of 2 #S2742467M274245 l3 POLICY NUMBER: BA4592L377 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 09/22/10 Named Insured Civil Source, Inc. Name of Person(s) or Organization(s): City of National City Attn: Maryann Babaki, P.E. 1243 National City National City, CA 91950 SCHEDULE The City of National City, its elected officials, officers, agents, and employees_ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An insured Provision contained in Section II of the Coverage Fomi CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 iu WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB6771Y518 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 California workers' Compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization: City of National City Attn: Naryam 3abaki, PE. 1243 National City National City, CA 91950 DATE OF ISSUE: 09/22/10 Job Description: The City of National City, its elected officials, officers, agents, and employees. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AN•D SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section 11): Part. Any person or organization that you agree in a "contract or agreement requiring insurance to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; 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 per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part.. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF 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 Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" fog 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 insur- ance 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 CON- DITIONS (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 "persona[ 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 -insur- ance" with such person or organization enterer into by you before, and in effect when, the "bodil; CGD3810907 Includes the copyrighted material of insurance Services office, Inc., with its permission 2007 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY injury" or 'property damage" occurs, or the "per- sonal injury' offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means thatt�part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" 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. Page 2 of 2 includes the copyrighted material of Insurance Services Office, Inc., with Its permission / 1.7 ® 2007 The Travelers Companies, Inc. CG D3 $1 09 07 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CIVILSOURCE, INC., FOR A NOT -TO -EXCEED AMOUNT OF $100,000 FOR A TWO-YEAR PERIOD TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects; and WHEREAS, the City has determined that CivilSource, Inc., is qualified by experience and ability to perform the services desired by the City, and CivilSource, Inc., is willing to perform such services for the not -to -exceed amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with CivilSource, Inc., for a two-year period to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 12 EM TITLE: Resolution adding the Judge Frederick Hertel-Hawken house at 940 East 16th Street to the City's Historic Sites List (Applicant Janice Martinelli) (Case File 2010-28 H)L PREPARED BY: Martini Reeder DEPARTMENT: Devel vcs/Planning. PHONE: 336-4313 APPROVED BY ` EXPLANATION: The Land Use Code, Chapter 18.139, Historic Properties, encourages the preservation of properties of historical significance and provides for the maintenance of a Historic Sites List. The City Council is tasked with periodically updating the list upon request by a property owner of a potentially historic property. To date, thirty-two properties are contained on the Historic Sites List. The property owner of 940 East 16th Street is requesting the Council add her property, known as the Judge Frederick Hertel-Hawken House, to the list and has provided documentation that substantiates the significance of the residence. The attached Background Report provides a description of the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the request to place the property on the City's Historic Sites List BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Background Report Judge Frederick Hertel-Hawken house report 3. Resolution Background Report Constructed in 1912, the 2,070 square -foot Judge Frederick Hertel-Hawken House is located on a approximately 12,800 square foot parcel at the southwest corner of East 16th Street and J Avenue. The property was part of the historic Rancho de la Nacion subdivision of June 1868. The two-story Craftsman style home exhibits a moderately pitched gable roof, front porch and a lathe house, where plants and ornamentals were and are still displayed. The ground floor of the residence includes original wood floors, a built-in china cabinet, pocket doors and three antique chandeliers inscribed with the name `Hertel. The parlor of the home has an original brick fireplace and also has window boxes. The second floor includes four bedrooms and an outside viewing porch. There is a dairy house on the property, which supplied milk and eggs to the surrounding community both prior to and during World War II. The Land Use Code does not provide criteria for the placing a property on the list, however typically a potential historic property should meet the criteria set out by the Office of Historic Preservation. Per the Office of Historic Preservation, a historic resource should be over 50 years old and meet, at a minimum, one of the following criteria: A. It is associated with events that have made a significant contribution to local or regional history; B. It is associated with the lives of persons important to local, California or national history; C. It embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; D. It has yield, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. The proposed historic resource meets criteria A, B, C and D above. The property meets criterion A as is it part of the early development of the historic Rancho de la Nacion, National City's original subdivision purchased by the Kimball Brothers. It meets the criterion B as it is associated with Both Judge Frederick Hertel — President of the Board of Trustees and three time mayor of National City — and Edward Hawken — founder of the National City Boys & Girls Club. The structure meets criteria C as an example of a well-preserved craftsman style architecture constructed when the arts and crafts style movement was just taking hold in National City. Finally, the property meets criterion D, as the Dairy House has historical significance with regard to the World War II period in National City. Based on the information prepared regarding the significance of the property and its overall contribution to National City, staff recommends that the Council approve the request to place the property on the Historic Sites List. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING A RESIDENCE AT 940 EAST 16TH STREET TO THE CITY'S HISTORIC SITES LIST APPLICANT: JANICE MARTINELLI CASE FILE NO. 2010-28 HL, APN 561-060-47 WHEREAS, application was made to place a historic property located at 940 East 16`h Street on the Historic Sites List on property generally described as: The Westerly Half of the Northern Half of 20 acre Lot 1 in Quarter Section 133, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego. WHEREAS, the City Council considered said application at a hearing held on October 5, 2010, at which time oral and documentary evidence was presented; and WHEREAS, consistent with and as required by Municipal Code section 18.139.020, the City's list of historical properties shall be periodically updated; and WHEREAS, at said hearing the City Council considered the staff report prepared for Case File No. 2010-28 HL, which is 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 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 that the City Council of the City of National City hereby approves the request to place a historic property on the Historic Sites List based on the following findings: 1. The proposed property is a part of one of the original subdivisions of National Citym and as such contributes to the local history of National City; 2. The proposed historic resource is associated with the life of Judge Frederick Hertel who served as President of the Board of Trustees in National City, and was mayor of National City for three years; 3. The architecture of the structure is important to the community as it embodies the distinctive characteristics of a Craftsman style architecture which is representative of the arts and crafts movement of the San Diego region; and 4. The history of the property with regard to the use of the dairy house during World War II is important to the development of National City. Resolution No. 2010 — Page 2 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said request to place a historic property of the Historic Sites List (2010-28 HL) located at 940 East 16th Street is hereby approved subject to the provisions of Chapter 18.139 of the Historic Properties Ordinance. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney National City Historical Society OIV k- CO , ct1c4 --SUD(re- \--te_,a2r-e-L-) vl LAN cPcY\-e._, (r)vo,i 6YYle_ 14 Sci-11 bLe-cit) Cnu(c- ` �ne VY\` It 2 SU13(YIANe_D eert ;id CIA S v 2-) 1615 East 4th Street • National City, CA 91950 www.nationalcityhistoricalsociety.org (619) 477-3451 • grangerhall@aol_com v. Judge Sheeted& ..Redet-Acuuleete Recede eitea 1912 940 E. 16th' Sixeet .Natier. tat eel*, Calif. 91950 4.41,74k,' HERTEL-HAWKEN HOUSE Circa 1912 940 E. 16th Street (Parsons Subdivision in Rancho De La Nacion) National City, California 91950 Prepared by Janice Martinelli 926 A Avenue National City, California 91950 619-477-1122 May 12, 2007 SPECIAL THANKS TO Mayor Ron Morrison City Councilmen Fideles Ungab, Frank Parra, Louie Natividad City Councilwoman Rosalie Zarate City Manager Chris Zapata Brad Raulston Director CDC National City Public Library History Room San Diego Historical Society San Diego County Records Census Records The National City Historical Society Janice Martinelli President NCHS Margaret Puhn Historian NCIIS Marilyn Carnes Vice -President Membership NCI S Yesica Cerda Board Member Pilar Khdar Board Member Marilyn Zubov Vice -President NCHS Programs Louise Branch Board Member Nancy Estolano Board Member Mayor Kile Morgan Bob and Jan Hawken Janice Hawken Morgan Kimball's Dream by Leslie Trook 1992 Victor Romero Cesena descendent of Rodenncio Romero Rivera & Rita Romero Ayon Kumeyaay tribal members Chicago Title Company Frank Kimball Diaries Peggy Chapin Principal Planner City of National City Martin Reeder Assistant Planner The San Diego Union Tribune Official Records of the National City Olivewood Club Archives of the National City Directory 1915, 1918, 1926 United States of America Office of Price Administration TABLE OF CONTENTS Grant Deed to Janice Martinelli (Oct 2006) 1-2 Property Description Exhibit "A" 940 E. 16th St., Nat City 3 Vicinity Map & Historical Significance 4-5 Kile Morgan Remembers 6 Historical Seal Photo 7 Photo interior parlor (Hawken-Hertel today) 8 Primary Record 9-10 Photo of dining room (today) 11 Chain of Title 12-15 Grant Deed Kimball to Parsons 16 Grant Deed Parsons to daughter Josephine Parsons Walker 17 National City Directories Hertel residency 18-21 National City Directories Hawken residency 22-26 Hawken Family Photos 27-30 Hawken House Newspaper Publicity 31-32 Historic Hawken Family Photo (Alfred, Mabel & Edward Hawken) 35 Hawken membership certificate to Lemon Growers Association 36 Olivewood Club Rosters (Hertel, Hawken & Gardner) 37-41 1940 photo of Lathe House 940 E. 16th (prize garden) 42-43 National City Police Chief Bill Gardner (late 1930's) 44-47 Floor Plans Hawken Estate 48 Residential Building Record for 938 E. I6`h (Dairy House) 51-52 Whiting -Meade Family Reporter 53-56 Grant Deed from Alfred & Mabel Hawken to Edward & Virginia Ilawken(1957) 57 Hawken Family Deed selling off lots to the City of National City for 58 Development of homes & Apartments (Kile Morgan tenure) 1947 Newspaper Article Mrs. Mattie Gardner's Luncheon 59 Newspaper Articles on Edward Hawken 60-61 1948 Tax Bill Alfred & Mabel Hawken 61 In Memory of John Gardner (1895-1982) 62-63 Newspaper Articles on Edward Hawken 64-66 RECORDING EQU SOUTH ND TITRE OESAN D8E F qo When Recorded Mail to: ' Janice Martinelli 926 A Avenue National City, CA 91950 Title Order # 36332770 Escrow No: 608055379 MM DCC 2006-0770039 111IN111111111111111► IIII1111111111111111111111111111111111111111111 OCT 30 2006 3:53 PM r'"FICIAL RECORDS SAN DIEGO LDUNTY RECORDERS OFFICE GREG[L , J. SMITH, COUNTY RECORDER FEES• 1236.00 OC: OC PAGES: 4 - 11NIII NII NII 1l BIII III NIl Ill IIII IIIII IIIII IILI II1I NII NII 11 2006-07.7.0039---- APN 561-060-37 Space Above for Recorder's Use Only GRANT DEED The undersigned declares that the documentary transfer tax is $ 1,210.00 and Xx is computed on the full value of the interest or property conveyed or _ is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby aclmowledged, Robert E. Hawken, Successor Trustee of the Edward J. and Virginia M. Hawken Family Trust U/D/T dated January 27,1988 hereby GRANT(S) to Janice Martinelli, an unmarried woman the following described real property in the County of San Diego, State of California: The Westerly Half of the Northerly Half of 20 acre Lot 1 in Quarter Section 133, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County; as more described in Exhibit "A" attached hereto and by this reference made a part hereof. MAIL TAX STATEMENTS TO ADDRESS ABOVE 1. 1 of 4 Printed on 05-11-2007 Printed at 10:26 AM San Diego County Title Tax 561-060-37 Page 1 48012586 Michelle Tax Year: 2006-2007 Assessor's Parcel 561-060-37 Payments as of: 05/01/2007 1 Described As: ess: POR LOT 1 1/4 SEC 133 000166 940 E 16TH ST, NATIONAL CITY NATIONAL CITY Billing Address: 926 A AVE NATIONAL CITY CA 91950 Assessed Owner(s): HAWKEN EDWARD J & VIRGINIA M FAMILY TRUST A 01-27-88 ET AL Transfer Owner(s): MARTINELLI JANICE Tax Rate Area: 06045 Use Code: Region Code: Zoning Code: Taxability Code: Tax Rate: Bill #: Issue Date: Value Land: Improvements: Personal Property: Fixtures: Inventory: Exemptions Homeowner: Inventory: Personal Property: Religious: All Other: 89,757.00 89,757.00 7,000.00 Conveyance Date: Conveying Instrument: Date Transfer Acquired: Vesting: Year Built: Year Last Modified: Square Footage Land: Improvements: Tax Defaulted 1 09/12/2005 902151 Net Taxable Value: 17;2514.00 Total Tax: Installment Amount 1st 1,980.46 2nd 1,980.46 Penalty Due Date 198.04 12/10/2006 PAID 208.04 04/10/2007 PAID Status 3.960,92 Payment Date Balance Parcel Status: Exempt: No Common Area: 11/15/2006 04/02/2007 Account 3 511912 511914 606505 672714 675414 Special Lien Description TOTAL SPECIAL ASSMTS CO MOSQUITO/RAT CTRL MOSQUITO VECTOR CONT SEWER SERV. CHG. WATER STANDBY CHARGE CWA WTR AVAIL NT CTY Supplemental Tax Due To: OWNERSHIP CHANGE Assessed Owner(s): MARTINELLI JANICE Installment Amount 1st 2,168.01 2nd- 2,168.01 Total 4,336.02 Supplemental Bill #: Issue Date: Effective Date: Penalty Due Date 216.80 07/02/2007 226.80 10/31/2007 443.60 8693932776 Land 05/01 /2007 Improvements Total UNPAID UNPAID Value Status Amount 2,141.58 2.28 1 17.80 2,100.00 11.50 10.00 Tax Year: 2006 Type: Sup/Secur Payment Date Balance 2,168.01 2,168.01 Tax Defaulted: [ Total Tax: 4,33602 i Supplemental Tax Due To: OWNERSHIP CHANGE Assessed Owner(s): MARTINELLI JANICE installment Amount 1st 1,081.56 1,081.56 T1 ;Supplemental Bill #: Issue Date: Effective Date: 2,163.12 Penalty 108.15 118.15 226.30 8696435556 01/19/2007 Due Date 02/28/2007 07/02/2007 PAID PAID Value Land Improvements Total Status Tax Year: 2006 Type: Sup/Secur Payment Date Balance 04110/2007 04/10/2007 Tax Defaulted: Total Tax 000i 3455 EXHIBIT "A" PARCEL 1: THE WESTERLY HALF OF THE NORTHERLY HALF OF 20 ACRE LOT 1 IN QUARTER SECTION 133, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THE NORTHERLY 40 FEET AND THE EASTERLY 30 FEET AND ALSO EXCEPTING THE SOUTHERLY 48 FEET OF SAID WESTERLY HALF OF THE NORTHERLY HALF. ALSO EXCEPTING,THAT PORTION 'LYING WITHIN THE SOUTHERLY 100 FEET OF. _ . THE NORTHERLY 140 FEET OF THE WESTERLY 510,33 FEET OF SAID WESTERLY HALF OF THE NORTHERLY HALF. ALSO EXCEPTING THAT PORTION LYING WITHIN THE SOUTHERLY 47 FEET OF THE NORTHERLY 187 FEET OF THE WESTERLY 490.33 FEET OF SAID WESTERLY HALF OF THE NORTHERLY HALF. ALSO EXCEPTING THAT PORTION OF THE SOUTHERLY 95 FEET OF THE NORTHERLY 282 FEET OF THE WESTERLY 170 FEET OF THE EASTERLY 300 FEET OF SAID WESTERLY HALF OF THE NORTHERLY HALF. 3. Architectural Style: Two -Story Craftsman single family residence built on site completed in 1912 Architect: unknown Related features: Home and dairy home Location Map: VICINITY MAP NOSCALE Significance: This home is significant under criterion "B" (people) because it is associated with well known prominent citizens, Judge Fred Hertel who occupied the home in 1912. Hertel served as "President of the Board of Trustees" in National City and was Mayor for three years beginning 1918. The Gardner family who were also prominent citizens in National City and Virginia Gardner married Edward Hawken (who formed the Olivewood Club and son Bill was Chief of Police thru the 1930's in National City. The Hawken family occupied the home for nearly 70 years. *(see attached pages for past property owner information). 4. The home is also significant under criterion "C" (architecture) because it is a superior extremely well-preserved quality Craftsman style architecture dating to a very important part of National City history when Arts & Craftsman Style was very fashionable. The Hertel-Hawken house and Dairy house are also significant under criterion "A" (events) because it was part of the early development of Rancho De La Nacion purchased by Frank Kimball and his brothers Warren and Levi in June of 1868. 5. MAYOR KILE MORGAN REMEMBERS An Interview by Janice Martinelli 4/26/07 Kile Morgan, the 2°a elected mayor of National City, first came to National City in 1942 from Missouri at the age of twenty-one. His first residence was a rooming house on 6th Avenue. His first job was at Rohr Industries for seventy-five cents an hour. When he was refused a wage increase of five cents an hour he went to work at the Concrete Shipyards for ninety-five dollars a week. He married Donna Wilcox and started his family of three children, Janice, Kile Jr. and Robert. He soon saw the possibilities offered in selling cars, and as a sideline began buying and selling cars to J. R. Townsend on State and B streets. The first car he sold was a 1940 Chrysler he bought in Missouri and drove out to National City where he sold it at a profit. It was not long before he opened his own car lot. He began buying property and building. With a Real Estate Broker license and a Contractors License he was kept busy. I-Iowever, his boundless energy and enthusiasm involved him in civic organizations and youth programs. He saw many things that needed to be done and joined the City Council in 1960. He was elected Mayor in 1960 and was re-elected seven times with sixty-two percent of the vote. He was instrumental in building The Mile of Cars, Plaza Bonita, South Bay Plaza Shopping Center, E.J. Christman Industrial Park, The Civic Center, El Toyon Park, Las Palmas Park, Sweetwater Heights Park, the expansion of Kimball Park, Ball fields for kids, Morgan Towers and Kimball Towers for senior citizens and many youth programs. Through it all, he kept a watchful eye on the historical history of National City. He remembers the Hertel-Hawken House at 940 E. 16th Avenue as a ranch with citrus orchards, chickens and dairy cows. I-Ie and his father George would buy their dinner chickens there. Mr. Hawken would ask if they wanted them to kill the chickens or buy them alive, and his father always said they would buy them alive because they would be fresher. He remarked that the house was always beautifully maintained and the lathe house always had a display of beautiful plants and flowers. Kile Morgan said, "I feel the Hawken House and the old dairy building (which was converted to a residence in 1950) should be saved. The history should be preserved. The old homes and buildings arc a vital part of National City's history." 6. asa .fir 3ntotiot of 940 E. lout Sew'; National City, Cat* (9 ada. ) PRIMARY RECORD Location: Parsons Subdivision In RanchoDe La Nacion Resource Name: HERTEL-HAWKEN RESIDENCE Address: 940 E. 16th Street National City, Calif. 91950 APN# 561-060-37-00 Legal Description: Portion of lot 1 1/4 Section 133 000166 Rancho De La Nacion filed May 11, 1869 in the Office of the County Recorder of San Diego. See attached"exhibit A" The 2070 square foot residence currently sits on a 24,393 square foot lot. Current owner is in the process of splitting the lot which also has 6 other residences besides the Hawken house. The purpose of the lot split is to separate the historic Hertel-Hawken house with the original dairy turned residence into 5 separate parcels that are being sold to individual home owners. The final lot size of the Hawken residence and dairy house will be 12,735 square feet. It is the intent of the property owner to accomplish first time home buyer opportunities while preserving the historic Hertel-Hawken residence and original Dairy House. When completed the Hawken parcel will be separated from the other existing homes and be eligible to be added to the Historic Home list in National City preserving another vital part of National City's history. It is planned that the Hertel-Hawken home will be added to the Mills Act in support of the historic preservation. 9. Circa 1912 compiled from Assessors records, San Diego City & County Directories & utility records. Report Prepared by:owner Janice Martinelli 926 A Avenue National City 91950 .940 F. 16t Street The beautifully preserved Craftsman style home was built in 1912 for Judge Fred Hertel. The home features most of the original woodwork, beams, paneling, and pocket doors that were utilized in the modern homes of this era. The far wall in the dining room immediately attracts the eye with the beautiful built in wooden china cabinet which was so fashionable at the time. The wood floors are original for the most part and together the elegance of the home continues to charm anyone who has the opportunity to see it today. The parlor (living room) has the original brick fireplace with side window boxes. The home still has 3 sets of chandeliers with the name "Hertel" inscribed on them. In the parlor sits a beautiful piano with a carved in bronze design on the front above the ivory keyboard. The piano has a certificate depicting the year 1888 with the name "Emerson Piano Company". It is truly a site to behold_ The doors throughout the home are solid oak and the 4 bedrooms upstairs have large windows that feature a beautiful view of the Harbor, Coronado Bay Bridge, and downtown San Diego. At the head of the hallway there are built in supply closets .The upstairs hallway leads to an outside viewing porch that also has a fabulous view. At the time this stately home was built, the property extended from Highland Avenue to .1 Street and from I6t Street to 18`h Street. The entire parcel was rich with citrus groves. In 1933 the Hawken family joined the Lemon Growers Association. On the west side of the stylish Hawken home is the original lathe house which featured prize winning orchids and greenery of distinction. The original beams driven in by buggy were installed with loving hands by Clinton Kimball (son of George& Lucy Kimball) who lived nearby at 1515 L Avenue. The family had a dairy on the property that supplied cows for milk, eggs, and chickens to the surrounding community .During world war Ii the Hawken family supplied the neighborhood free of charge. The dairy was converted to a residence at war time due the shortage of housing but the property still contained chickens and eggs for sale. After the war the dairy house remained as a legal residence. The dairy house still stands today. 10. HISTORICAL BACKGROUND CHAIN OF TITLE (SEE ATTACHED RECORDS) Long before National City was incorporated as a City, the land was populated by the Kumeyaay Indians who traveled regularly from the bay to the mountains. National Avenue followed the trail whose makers' fate was much the same as for Native Americans in other parts of the country. The Kumeyaay were re -named "Dieguenos" for the mission in San Diego from which they traveled. The Kumeyaay eventually scattered into Mexico and the central valley. However, many remained behind and worked as laborers in the fields, worked on roads, worked as builders, and worked on whaling ships. Frank Kimball founding father of Rancho De La Nacion (National City) wrote to his niece on November 4, 1907, "Even at this comparatively recent date, the face of the white man was a site rarer than was that of an Indian or a near approach to an Indian." Historian Iris Engstrand wrote in her book (called San Diego's -Californians Cornerstone),"The only sadness was the Indian Soldiers who were forced to cut off their long braids, which had been symbols of the old regime." In the centuries following the Kumeyaay wanderings prior to 1769, Jose de Galvez, a representative of Spain's King Carlos III, developed a plan for the settlement of Mexico. Father Junipero Serra (A Franciscan missionary), was entrusted with a religious conversion of the remaining natives. The Governor of Baja, Captain Gaspar de Portola, was charged with the command of the military. Pio Pico, the last Mexican governor of California granted land to his friends and supporters.One of the most difficult tasks was the feeding of soldiers. In order to take care of those needs, the Spanish Ranchos were established a grazing grounds for horses, cattle, and the king's royalty. One of the first names for the land that extends from present day National City, Chula Vista, Bonita, and Sweetwater Lake was ":Rancho del Rey", which means "Ranch of the Kings". In 1821, Mexican Independence marked the end of a one way of life and the beginning for the new era. 12. For "Rancho del Rey" the change was evident when the name of the of the area (with a Mexican land grant) was changed to "Rancho De La Nacion." The Mexican flag was raised and celebrations began with the swearing of allegiance to the new leaders. On December 11, 1845, Pio Pico granted "Rancho De La Nacion" to Don Juan Forester (husband of his sister Maria Ysidoro). John Forester came from Liverpool, England in 1833. He worked on a ship traveling from California to Mexico trading hides and selling goods. He established himself as an important merchant and importer. In 1846, war broke out between Mexico and the United States. This altered the history of California. The ranches and cattle grazing were replaced with a growing business community. San Diego and National City became populated with business and easterners coming west. In 1848 clear boundaries between Mexico and California were established when the "Treaty of Guadalupe" was signed in 1848. In 1886 Rancho De La Nacion remained in Forester's name until the land changed ownership. Forester had acquired a huge debt in a 3 year court case to retain title to the Ranch. The United States Government (Caleb Cushing) wanted to gain title for Government use. Forester had put the Ranch up as security for his debt. Forester deeded the land to Jules B. Bayerque in lieu of foreclosure. Bayerque sold the Rancho De La Nacion to his partner F.A.L. Pioche (a wealthy French banker) at a price of $20,000.00. The final ownership transaction, a week later, began the story of National City and the Kimball family. 13. A SHORT HISTORY AND CHAIN OF TITLE 940 E. 16T11 Street, National City In 1879 George, Warren & Levi Kimball sold San Franciscan Businessman Theron Parsons a five acre parcel of land that was since called Parsons Subdivision in National City.( Later to be addressed as 940 E 16th Street in National City, Calif. ). Theron Parsons gifted the land to his daughter Josephine who married a builder named Walker. In 1912 the home was built and sold to Judge Frederick Hertel and his wife Carrie. The National City directory shows that the Hertel's occupied the home until 1918. Judge Hertel served as the president of The Board of Trustees in National City and as National City Mayor for approximately 3 years. Carrie Hertel was socially very active in National City and together in1912 she and Mattie Gardner (A prominent community member) founded the Olivewood Women's Club located at 24 & F Streets). Carrie Hertel, Mattie Gardner and Hattie Kimball were all on the board from 1912- 1920. On June 14, 1920 Carrie Hertel (wife of Judge Hertel) put on the annual dinner for the Olivewood Women's Club. The Gardner family owned and operated "The Whiting & Meade" chain of stores that carried hardware, building supplies and groceries. The National City store was store #8 and Iocated at the corner of A Avenue and 9`h Streets. John and Margaret Gardner had a daughter named Virgina and a son named William (Bill) who in the 1930's served as National Cities Chief of Police. The Gardner's purchased the 2 story Italianate home built in 1888 located at 1941 Highland Avenue (known today as Casa De Novia). Hertel attempted to sell the property but due to incomplete legal property descriptions a law suit erupted and several parties tried to claim ownership of the property. In 1923 J.B. Liggett and his wife were awarded ownership. The court granted the property to Liggett.who later that year sold it to Alfred and Mabel Hawken who came to live in National City for health reasons. Alfred and Mabel Hawken originally came from England in 1892 and then to National City in 1923. The completed craftsman style home was a classic and the property extended from 16`h Street to 18`h Street and from Highland Avenue to J Avenue. The two story home sits on the corner ofJ Avenue and 16th Street. The property also had a dairy, a corn field, 200 chickens, lemon orchards and six cows for milking. Grandfather Alfred belonged to the Citrus Association in Chula Vista who furnished a packing house for the lemons. Alfred Hawken was a rancher and the couple had one son named Edward who was bom in 1914 and raised in the home. Edward graduated from Sweetwater High in 1932 and and San Diego State University in 1936. At the age of 25 Edward married Virginia Gardner thus merging the two prominent families. In 1939 Edward earned his Masters Degree in English and History also from San Diego State University. In 1940 Edward was hired to teach at night for The Sweetwater Adult School in National City (Which is 14. now called National City Adult School). Virginia remained at home as a homemaker and was active in The First Baptist Church where they met in 1938. During the great depression of the 1930's the Hawken family dairy provided free milk and eggs to the surrounding neighbors who needed it. In1941 Rent Control was established in National City due to the housing shortage caused by World War II. The Dairy was closed and converted to a legal residence by the United States Office of Price Administration. The kitchen and bathroom were the main part of the original milking area. In 1941 the main home was also granted a permit to rent individual rooms and the guests were served breakfast and had kitchen privileges (Much like today's Bed & Breakfast Inns). The last cow was sold in 1950. The Hawken family subdivided the acreage and sold off lots, mostly to the city for home construction. In 1951 Edward Hawken was on the founding committee for Thc National City Boys and Girls Club. In 1954 Edward founded the Adult Education Center in Imperial Beach Califomia and was recognized for many other community services. In 1965 the Hawkens received the beautification home improvement award for horticulture of the lathe house which adjoins the main residence and was built with the help of Warren Kimball. Warren brought in the beams by horse and buggy. Edward served as Principle of Chula Vista Adult School and also at Hilltop Adult School in Chula Vista, California. He eventually returned to National City until he retired at age of 62. Prior to his retirement he was named Superintendent of Sweetwater Adult School District. He was also President of The National City Kiwanis in 1979. After the death of Alfred and Mabel Hawken, Edward and his wife Virginia Gardner I lawken moved into the main residence at 940 E. 16`h Street. Edward and Virginia had three children. Robert (Bob) Hawken was born in April of 1941 and retired after 40 years working for Frazee Paint. Robert and his wife Jan still reside in National City today.William I1awken was born in June of 1943 and became a building contractor in National City and Chula Vista. He built many apartment buildings in National City and Chula Vista. William Hawken married Janice Morgan who then became Janice Morgan Hawken. Janice Hawken is the daughter of National Cities long time Community Member, City Official, Councilman and past Mayor of National City Kile Morgan (who served more than 28 years in National City). Mayor Morgan still lives in National City. In October of 2006 the Hawken family heirs put the Hawken home on the market. A developer made an offer to purchase the property. He had plans to tear down the main home, the dairy, and the single family homes on the property to build apartments. The Hawken family contacted Janice Martinelli (President of the National City Historical Society) and offered the property in lieu of it being torn down. Martinelli matched the offer from the developer and is working toward saving the home and preserving more history for National City. 15. --rsv-, Sy1r( • // rLr J.J=/e,r•.r K. .Ir. J/•./ �t -r/ .. / J1'` // r, a� r'.. ( r r /,r / /.r r r• f. •r.!r 'rrrlr G/ � rr4:.. • ........ , ern/ `l'(. 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A..rG i I .:J;r J••r r'.: •.� •i , r • '..r.' .J: ./. .':•.Krf•J. r' r /L/,,.•(rr�J itrr'• r// r rf •�wt� /r r r .l;; IHrC r-ve .-, rrf / 1 ' • ir., 4or.r/r f(LfNtar r••tr /!• • f,!r rlr•fr•r • J/CI r! 0:Perr - �. �• "re • tii Meier err. *. ,.;.•�.•r..:/ QJJr/ /GJ rr /r.Jar Jere,. re y r • y� ! ♦ / /�NJL //1.,%Ji llli ljyfj'i�r�r �is.••r... �rww�+ /-/t . ir.I JF..tu r 1/ N Co ti 0 k QJ jFor anl in consigerat.nn of the xr.ni of.• o 1 rt ' K. Gay -i::rie-' An II nt 3ieai *op: rig situated in Staff of rilifornia., hounder., and- described as fo/lorrst "" .mot„._t_r-r_ (vi,. 4 2. ct +fe%Z1 wn. f L,zel 42-«..444 0 o9�,,,..„,- .¢� r-H ,,E..._-.- --tee ..4r..-i.:: W - j8,f...) .- ; -flP.., 0 x .l2J +u �Ji, t6i-� ..r .�.�. o f cc�.e,�a...,C.a/. l%...��--4_ •i�-..�. _ -•:t... C�c;r�e _f....e , r�-r (/6/v�..ecYx.r •-x,a..u-lir..,se,;er _. ?ice+- ('- - -, el .e..t3..... 42-i�e,+-4 nala.-cu CO ..G i.. (2.1 so w d • •c.e,,, y - a [is) 4FLigw 61 .,-.� Ar'fi-t��£%( G..G1*I.Ca, heo'rw .e..D(a.4,.' 4u ( ---- - / �+.ae{ ...,... .r.•.-WIYi41Gl',=+t-....`):,,.+.d.C(F,—.,--^']4,)/1,- Ler/4.t�mil 9j...�...�y, .Ct[�0..Ky.ti3Gs•f .r--t 7/.4-* wJ�., ,= . -,v1•y'f-#XJ-~- ..-'-'—.-./-J.""' -'G .,., 1..J ,. :1,..[;G�2J� ,:al. a.✓ /71-4.....6 •4i+uJe^y.s.v/,u.uo.:4c, .-..q.4G• oii � ereir the abora _infedand rtenerilMet premixes, unto the-saiditrantee, �E,-,-` heirs ,. omit rrxxipns forever. iitlne. 7744y Mond Hurt sera this "%" .. day olr.-o"•'-c--'---'Cc. rli Rn rd. and r.rrcu terd i n the presence of STATE OF CALIFORNIA, 111..M. Cuanty of San Lirtro. Tom'--r�i County of -San I)i•rgo. �--�- 18.9 a M Y.AI..[ irEA L.4 s,aoJ on i#u,. _ day of ,!r$ Eep7itesif Aunfired aad Lf Ninelyv" o ore mr,J r �j-*- rc Jlolary Puhlee in anL for mid Caiaty, recrdrnd -� therein, dryly ooi rniesiaarrlanndd morn, personally_ appeared - - - ROWn to:tncto he".'j the )krena whose n amy 4'41 xrxoriheL to the rci/hin instrument, 4- acknowledged ` , t�Y ea'rne„irka executed the mane. 9n Witness 1110hereot, 1 hare hereunto Fat my tM na and a.r%,pit >r1 y v-'"' . .seal at.n .o -r � eur.nly of Saa Diego, State of CaleJ'ornta, the dtayand year in I thin certificate first rebore written. - 'ri[a.-e- -f = t` s• leota y Prrl.tio. Revel red for record -27'e4" 2" S1892 atf Jr:r:innl.a /.Y ' , part o oloarh'dJlf aLetipeext of ! Deprdy. . _ County Reeol'r?Ar. lktiril y. CALIFORNIA IRON WORKS INCORPORATED PHONES. HOME 1336, SUNSET 1336 FOOT OF SEVENTH STREET, SAN DIEGO, CALIFORNIA Fire Accident Liability Plate Glass A utomobile Live Stock Burglary Elevator Rent Surety Bonds 207 AMfRICAN MATT NANN BURUG'G Recorder Thos M Robinson. Marshal and Tax Collector---P H Evans. Chief of Fire Dept Geo E Miner. Superintendent of Streets- -Guy Hooker. Treasurer—S E Tinsman. JUSTICE COURTS. National Township—Thos M Robin- son 21 E Sth. CHAMBER OF COMMERCE. Dr C Gilchrist tires, Dr T F Johnson v-pres, E L Bulien sec-treas, meets the last Tuesday of each month at 807 National ay. ENGINEERS, FOUNDERS, MACHIN( STRUCTURAL IRON AND STEEL CONTRACT;; FREIGHT AND PASSENGER ELEYATDRt:>, 1915 City Hall, 4th sw cor 11 th. CITY OFFICE AI8 Attorney —Johnson W Puterbaugh;' Clerk and Assessor-0 A Mullen.'.- Engineer—Thos L Lawson. Health Officer --Will L Allen. Board of Trustees-0 E M Howard,' Pres, R E Miner, Frank Hall, -Wm. Cordingly, T J Evans. ._ PUBLIC SCHOOLS. National City Central School, F. 18t4, nw cor Highland. National City Grammar School, ESQ. Callaway prin, E av se cor E 9th;: National City High School, F F Mar. tin prin, E av se cor E 9th. • Highland Avenue School, Ilighland'' av nw cor 19th, Miss hlarY _F<. Clough prin. STEPNENSON & CODDINGTON Po bliAccountants �'(' • 312 Union Building Main 3154 ul ltant OASE I ROADWAY th St Scho prin, 16th FIRE DEP. ire Departn: of 1410, 4th tional ay. POSTO D. O'Connell nr National CHUB Baptist Chit `-'ay, Rev Wm 63Cay. Congregatiot Alcor A ay. IL 719 E ay. Methodist 1 13tIinw cor 1 st gaator, rv.San Di iist'.Presbyterian At; Spiritualist cor 12th. t3tatthew's Erpisc .yie cor F av, Re 'rector, h n s E `Anthony's Catl ith av bet 1St Father John R nth, av nw cor CA:3IE 1 1,.=yline.ista Cemeter) = Ott Kate, r H, Ihdgaard Wm I tit ay. lns Ernest W 003 E 2d_ Adams Spencer G 3Tst ay. pls S Walter Cbr.G ay. Minns Wm B (I :Paradise Valley Iddis Albt J (�1 ".8 ay. Idis Herbt G 1..` )34 E 8th. 40is John (Mar tth. he Thi PHont ►AIN 2350 REAL EST LOANS AND INSURAN DIRECTORY-1915. Gutridge Lena, phone opr .p T Co, 643, 1st ay. Gymer G Gordon, barber 1743' av, h 1256, loth. H. Hale Richard L, h 2140 Highlaiir Hale Sarni, lab, r Hotel San.Mr (HALL FRAXK City Trustee, hil P ay. Hall Helen R, tchr, r 1615 P av Hall Jas H (Mary F) gardener, rear 640 E 161h. Hall Shirley F (Leota) solr-=.RC Claytor Mere Co, h 513 NatiOnad< Hall Wm H (Dora) millmn Natl. Sr. Mi11 Co, h 1709 D av, Hallock Jas W, tmstr, h 19151i Ham Walter, asst sta agt S D Ry, r San Diego. Hamann Helmut, lab \V J Bus, rus Products Co, r 6th av and: Hamann Wm (Martha) prop' Hamann 1934, 6th ay. $, Hamill Rose, h 520 Highland ar Hamilton Edwd G (Mattie) -114), 1136, 1st ay. Hamilton Jas (Nellie), ranchers av, nr 13th. n Leila J. r 1136, 1st av Minnie Mrs, r 532 F ay. on Parker W (Anna S), h=1 3d ay. -larbison David F (Carrie) rancho h Paradise Valley. -larbison Ira, rancher, r Pacad Valley. iarbison Mary F, r Paradise Vail iarden Adel C Ella) clk S D 1ld1 Corp, h 1516, 1st ay. Iarknes Mae Mrs, r 1225, 3d &T: larris Ella M, student, r 232 E)iQ iarris Eunice H, student, r Harris. larris Evan H, cotton grower, E 2d. [arris H Roy, r 637 E 2d. larris Jean L, nurse, r 606 E-Prt larris Luther M, student, r 23 10th. ( r larris Myron (Lillian) clk, h-E,.,3, 1 0th. arris Wm H (Emily- A) cotton_gzn er, h 637 E 2d_ art Robt, eng, r 1934, 6th ay.:, athaway Flartha L (Huth) macb,"� 135 Laurel ay. VORK- i■ BRDLE i C®■ FAMILY TRADE A SPECIALTY TELS: HOME 1157, MAIN 157 Wholesale Wines and Liquors '- ,Free Delivery 1058 FOURTH ST. NATIONAL CITY DIRECTORY-1915. 1319 .i,j Vernon, millmn Natl Lmbr Co, r San Diego. -M Marie A (wid `V H), r i'7th ay. " aFd. Nellie F Mrs, r 1740, 7th iT.gD S GRANT (Nellie F) r ofal- hardware, stoves, building (g ial, Sherwin-Williams paints d (garnishes and sheet metal g, 1734-1710, 7th ay. (See g Elizabeth Mrs, h 1607 4th 'Ogg Tlii gs Emmet, lab W J Bush Cit- lu r2m)?roducts Co, r 1607, 4th av, "rfgg John, mach, r 1607, 4th av ,jtiine Elwyn, h 422 E 1st. Frank, mach, h 515 D ay. t%Jos 0 (Sue M), h 21 E 2d. ',Blanche, r W S Hel'lyer. ei)John W, student, r \V S ter. er)Wm S (Margt A) rancher, h se cor E 16th. pill Ovile R (Mattie E) auto plies, h 417 E 1st. d ekson Oliver. lab S D Land Grp, r Chula Vista_ !iiessy Anna, r 60G E Sth. tied Adam (Alberta L), h 305 i'tel Elmer J, student, r 940 E Stl -Fred Carrie), h 940 E 16th od Grace S, tchr 16t St Sch, 508, 2d ay. Chas, hoilermkr, r 1625, 8th John T, lab, r 2030 High- • 3ay. s Robt W, phys, h 2030 High- d•ay. iand Avenue School, Mrs. Bes- Robinson prin, Highland av or E 18th. Ir' Edwin S Rev, r 719 E ay. eo, lab S D Land Corp. , ymond (Ella G1 carp, h 1332 ay. Chas P (Lida 0) lab, h 624 E Irene, phone opr Pac T & T Co, $_`E 7th. t*ley Oscar S, h rear 832, 2d ay. e--Andw M (Martha) meatctr ed-Claytor Mere Co, h 621 E 8th Hirschmiller C, lab S D Land Corp. Hirt Agatha Mrs, h 504 F ay. Hirt Emma R, r 504 F ay. Hockey John (Mary) lab, h 1323, lth ay. Hodgman Louis H (Emma J), h 1929, 4th ay. Ilodgson Percy (Emily) stat eng, h 1120, 4th ay. Hoerning E, lab S D Land Corp. Hogarty Michl J (Sarah), h 925, E 8th. Hollister Geo E (Lanie) eng, h Para- dise Valley Sanitarium. Hollister Lorena P, student, r Para- dise Valley Sanitarium. Holmes Arthur L, agt, r rear 1114 E Sth. Holmes Robt K (Lillian) agt, h rear 1114 E 8th. Holt Clarence, painter, h 243, Sth. Holt Frank R (Blanche) 24th se cor N ay. HOMELAND BUILDING CO, D E Co- zier pres, John Gould v-pres, E L Sullen sec_treas, Lumber, Mill Work and Building Materials 25 E Sth, Tels Natl City 145-J, Home 541. (See avd.) Horne Telephone Co, 1017 National ay. Honahan Elizabeth, h 1504, 1st ay. Hood Tiros (Margt), h 1912, 6th ay. Hood Thos D (Susan T) mach, h 840 1st ay. Hooker Guy L (Ella) supt of streets, h 1041 E 6th. Hopkins Chas E (Margt P) rancher, h 341, 30th. Hopkins Jas, r 341, 30th. Hopping Jos, gem ctr, r 625 A ay. Hornby John, lab W J Bush Citrus Products Co, r 3879 Cottonwood. Horstman Adolph F (L A Weisser & Co). h 734 National ay. Horton Clifford B (Jessie), lab, h 1125, 1st ay. Hosmer Mabel C Mrs, r 715 High- land ay. Hotel Hamann, Wm Hamann propr 1934, 6th ay. Hotel Lamont, fur rrns, Ceo U Pfeif- fer prop 1704, 4th ay. Hotel San Miguel, Mrs A E Kuyken- dall prop, s s 22d 1 E of 6th ay. Houk Ethel A, r 1914, 5th ay. Insurance Bonds, Loans Liability Compensation PACIFIC MUTUAL LIFE INS. CO. f. P. RIECKER, Apt. Scripps Bldg. Rooms 207-209 The Universal Health Associa- lion preserves and restores health 1550 3rd ASTEN & KENDALL R8a'Money to Loan Estate —Insurance 919 Sixth Street, San Diego House Renting a_Specialty 1 1072 1918—SAN Thompson A E, lab. Thompson W J, truck Tonini Sino, dairymn. Trego R. Twelker Edwd B. DIEGO COUNTY DIRECTORY 19 Vasey Chas, rancher. driver. Vasey Elizabeth 14frs. Vasey John W, rancher. Walker Wm. Wible Thos B, farmer, NATIONAL CITY Location adjoining San Diego on the south along the eastern sliDre of the bay of San Diego, National City occupies a beautiful and heal�ti[ul site that in its present state of development is attractive alike to` -the" suburban homeseeker, the investor and the manufacturer. The presen4 population of National City is upwards of 3750_ Excellent high and grammar schools are found here; the pa6it library is unusually well selected and occupies a a10,000 buildink;,. churches of seven different denominations own their own houses of wo ship; there is a notable absence of crime and the residents are of a class. Nowhere can better suburban home conditions be found.�%,�, National City is only about twenty minutes ride from the business, center of San Diego on the San Diego electric line. Water supply fortbI$` city is conserved by the Sweetwater Dam. The capacity of the reservOi{ is 11,542,000,000 gallons. Mountain water from this reservoir is dehve;•0_2. under pressure in all parts of the city_ The irrigation rates are ,erg_fng� The city streets are well lighted. Gas is everywhere available and there; are two telephone systems_ Large areas along the bay of San Diego are here avaitabe for factors; sites at reasonable prices. National City fronts on the deep -water channel' for two and one-half miles. Three railroads furnish inland transportation. and National City is gaining recognition as the logical industrial center of the San Diego. Bay region Here are already located some of the large, industrial plants of the San Diego Region. Property in National City is the most reasonably- priced of any equaIly� advantageously located in Southern California. Thousands of acresfOLk land, both with and without water for irrigation, have recently beenr placed upon the market ad.iacent to National City_ San Francisco, President F. G. Silver, Vice-Presfdent; H. G. F,dwards, Cashier"s'lia National City State Bank Phone, National 144 I S U RAN`C E- 0.1RE'AND AUTOMOBILE,_; -0ITT GAGE,L'O:A'.NS National City, Cal:. N. L. CCLEMAN., 410 B STREET .r u PHONE, MAIN 999 SERVICE 1918- Pacific, NI meet Home, Na FLY. Pr{ eoj 'RENGTH MEMBI one, National II yht.Floors of Qu jgrniture, Carpi ens!, Office Equi • ilonographs. EASY PA' H SHOP Louts NI. STOCC. MANAGER R - ADDRESS!No TYPEWRITING F. ANY SIZE OR HIND'_ DIRECTORY-1918 -ench Ruella M, r 22, 6th. -itz Gilbert E, student, r -itz Helen F, student, r E 8th -itz Joseph A (Jennie 0), ra- h E 8th. ,itz Josephine S, tchr Central r E 8th. 'nth Wm, sorter, S D Fruit San Diego. ilton Chas I. (Nona P R),; E 7th. irlong Geo J (Magda), h 636 G i1lagher Thos C (Lillian Ej; mn h 138 E 9th. .1lup Perry C (Ethel S $); J ay. mmon Buela E, tehr Central& 114 E 4tht. .mmon Martha V Mrs, h 114. ndy Chester F (Dora M), h R av s e cor 7th. rcia Federico (Rosario) yd Santa Fe Camp No 4 rcia Liberato (Elizabeth) 1716, 8th ay. rdner John W (Marguer mn, h 130 E 17th. rdner Mattie J, tmstr,' Highland ay. rdn • Wm, tmstr. r 1941 High aml H, acct, r 826';Nat'l Robt, h 525. 1st av ss Theo F, carp, r 531 D Liss Richd E (Rebecca E),; E 8th. hrkens Rose, tchr High Sch, E 8th. orge Mary L (wid Jas) Division. )bs Paul J (Agnes I.), raiic B av sw cor E 28th. )son Frank C, r rear 171 >son Richd M (Bulah), tab, ith ay. ligan H, lab, S D Fruit Co, Diego. liland John C (Mildred E mn h 934 E 8th. son Chas, h 14th cor K son C D, gardener, h 625E mes Francisco (Juan), lab, ith ay. odheart Milton ft. odrich Roswell C (LeonOT siano finisher, h 605 Hrg})' ODYEAR SERVICE ST.ii (James P Laursen), llth co, let. Phone Main 853, San (See left side lines and P__ ;ANITA ,A L. POULTRY, BEES, GARDEN SUPPLIES `POULTRY 2V:649 G ST. STILES POULTRY SUPPLY CO. COR. SEVENTH s' $4, • Peleg T (L Jane), h 606 `8th. old Mary B, milliner, r &18 1 av , Frank, h 1539, 1st av_ dpdman Emma, r 2035 B ay. dman Geo G (Iva E), assemb- k_h 2035 B ay. Delbert P (Manita t, rancher, h practise Valley. 16r;Pete . 1918—NATIONAL CITY DIRECTORY-1918 1083 Geo, lab, h 8th av & 234. Harris Luther Mft, r 232 E 10th. is N E, r 405 G ay. Harris Myron (Lillian A), carp, h Lev Lillian, pkr S D Fruit Co, 232 E loth. $;:2d ay. HARRIS RAY M (Carrie Richd, gardener, h 1438 lligh-H Attorney, y, hh 415 E lst. ar oy Jennie F (wid J L), h 1041 Harris Wm H (Emily A), rancher. h 637 E 2d. Harrison Lotta B Mrs, r Paradise Valley. Haseltine Elwin W (Blanche M), h 424 F. 1st. Hastings Stephen G (Julia A), 2600 E 8th. Hatch Alex, sorter S I) Fruit Co, r 943, 4th. IIatz Anna (wid E E), h 615, 1st ay. Hatz Elsie S, tchr, r 615, 1st ay. Hayward Marie A (wid Wrn), r 1740 7th ay. Hayward Nellie F, hdw (wid S G), r 1740, 7th ay. lIazelrigg Elizabeth (wid G W), r 1540, 1st ay. Hazellrigg Emmett, lab, W J Bush C P Co Inc, h 1540, 1st ay. Heater Jos H, farmer Paradise Val- ley Sanitarium. ileath Cora, r 515 D ay. Heath Frank, mach, h 515 D ay. Hebert Jos O (Sue M). Heldin Jesse W (Luiie A), eng, h 1407, 2(1. ay. Heldin Mary J (wid J W), r 1407 2nd ay. Henson Bernice, nurse Paradise Val- ley Sanitarium. Herbert Alice E, telep opr Pac T & T -Co r 1044 C ay. II C ay. ilerbert Chas J (Jessie), h 1044 C. ead C Howard (Mabel I) , r Herbold Adam (Alberta L), h 305 1i�'.lst ay. E ay. �n Wm (Martha), Prop HotelIlernander Pedro (Secilia), ydmn, h ann, r 1934, 6th ay. ! Santa Fe Camp No. 17. en Edwd G (Marie D), bkprliernandez Delfina, r 2217, 7th. twater Water Co, h 1136, 1st. Hernandez Juan, lab, h 2217, 7th. 1ton J Hertel Elmer .J , r 940 E l6th. ton W Melvin (M Anna) \HERTEL FREI)K (Carrie), Pres Cher, h 41 E 2d. Board of Trustees, h 940 E 16th. ;.Gilbert (Ruth) , r 2425'.Herser John A (Marcella), mach Y hand ay. Santa Fe, h 34 E 2d. ford Mary B, r Paradise Val- Hick ley Mary A (wid A S), h rear Sanitarium. 2105 F ay. aford Rebecca, r Paradise Val-Iligbee Dwight C (Mertie A), h 808 Sanitarium. Highland ay. iit Parker W, lab, h 1516, 3d. Hicks Chas E (Margt), boiler mkr, r hs Albt B Santa Fe, h 906 A ay. Ella, student, r 232 E 1oth. a. Eunice H. student, r 637 E 2d Higgins Chas (Bertha E), rancher. Henry R ft, r 637 E 2d. 'Highland Ave School, Ida May Love- . H Evan, rancher, r 637 E 2d.i joy, prin, Highland av nr cor 18th. H 1-nlann Caroline L, tchr, High dol. "Richd L (Sabina J), rancher. 140 Highland ay. Sabina J Mrs, sec Olivewood lY: Edwin G, nurse Paradise Val - Sanitarium. ank, rancher, h 1615 P ay. Helen R, tchr( r 1615 P ay. Jas H (Mary F), rancher, h F bet 16th and 17th. Lucius C (Stella), chemist, h J ay. _Wm A, h 1817, 8th ay. =Wm H (Dora D), lab. r 1707 v. ett Jas AV (Jessie F), electr, h ETTTNER &SALMONS once Men SOUTHERN TITLE BLDG. PACIFIC 244 - HOME 1344 GEORGE N. PEPPER Can Save You 25 ', on Your Auto Insurance General Insurance Bonds 1027 first St. MAIN 1633 Nearpass' Seed Store The leading Seed Mouse in San Diego Established 1897 Agents for CYPHERS Incubators 522 SIXTH Street Both Phones WRITE —Life fire Burglary Health Bonds Automobiles Accident Liability Plate Glass Workmen's Compensation THE BACH CO ANY INsUR mC REAL ESTATE • BONDS • LOANS PHONE, Main 2165 614 ELECTRIC BLDG., 861 SIXTH ST. 1080 NATIONAL CITY DIRECTORY (1926) PULLMAN EXIDE BATTERIES AUTO ELECTRICIANS CAFETERIA NOW AT '40 i FTH STREET Bigger and Better But Xo Change in Prices GRAIN BROS. Auto Sheet Metal Works Auto Bodies Fenders Radiators BAKED ENAMELING PHONE 3-2871 CORNER INDIA AND A STS. PENNSYLVANIA U. S. TIRES VAN DERIPE Z6 BIRD RADIOS SUPER -SERVICE STATION Phone National 323 AND National City National City Directory 1926 ALPHABETICAL LIST OF NAMES Allen Alford J (Elizabeth) h 1720 D av A dist supt Nati City Abare Fred J carp r 1922 A av " Lewis h 1922 A av Abbott Chas W (Ladle A) foremn h 641 C av Abitia Leandro (Carmen) h 1722 3d av Abson John (Alice) h 1528 E av rear Acosta Joe (Josefina) lab h 1711 5th av Adams Anna W Mrs r 405 E 9th " Carrie F (wid S (1) h 1322 1st av " Geo r 607 7th " Harry G tchr Sweetwater High Sch " Myrtle Mrs h 1023 2d " Rex B (Isola I) truck driver r 206 E 18th Addis Albt J (Mary E) grocer 1640 7th av h 1532 E av " Albt R driver r 2325 Highland av " Donald W (Kathryn E) pharm Nati Drug Co Inc h 614 F. 4th " Herbt G (Nettie M) plastering contr h 2325 Highland av " John r 2325 Highland av " Mervin E cement wkr r 2325 Highland av Wm E r 2325 Highland av Adkison Elizabeth (wid Baxter K) h 243 E l6th Affleck Wattle G (Twin City Rendering Co) r 3674 Georgia. " W B (Twin City Rendering Co) r 3674 Georgia Aguiar Domingo (Alejandro.) lab Sweetwater Water Corp h 1408 7th av " Jesus M (Amparo) h 202E 4th av " Serafina Mrs r Santa Fe Ry Section Aguilar Leopoldo M (Mary) lab h 1912 6th av " Virginia (wid Fatrlcio) h 1630 3d av Ahlquist Roger H (Alice L) it S N h S31 C av Akins Romer M (Blanche) lab Amer Agar Co h 704 1st av Aldan Alvino (Felicitas) lab h 1635 7th av Aldrich Lewis R (Verna M) carp r 1101 A ay Alexander Ambrose P (Temperance A) foremn • Andw D (Amanda C) Schools h 2020 J av " Delle M (wid W L) h 614 G av " Geo (Anna G) printer S D Independent h 114 4th Harry (Susie H) carp h 1514 F av Ora carp r 2020 J av LaRay F slsldy F W Woolworth r 2020 J av Thos F (Lillian) emp P M Dairy Co h 234 4th Allender David H (Nellie) grader h 1705 4th " Dempsey (Georgia Myrtle) slsmn Lincoln Mkt h 1642 Grove Alley Arth H h 1430 24th • Mathilda r 1430 24th Allyn J Fenton store mgr Idelier's Inc r 423 W 13th Alsdorf Edwd (Marguerite) cashr S F Ry h 2105 J av Alton D W h 2340 5th Alverado Jose lab Santa Fe Treating Plant Alvis Clifford L sign painter Natl Sign & Adv Co r 1707 D av Ambron Edwd I (Hanle E) (c) housemover b 2040 8th av AMERICAN RAILWAY EXPRESS CO A 0 Williams agt 736 National av Amos Alberta A musician r S25 S Highland " Esther musician r 825 S highland av " Frances E Mrs h 825 S Highland av " Harry B (Gertrude) driver r 1215 3d av " Ray J. (Dorothy) firemn City r 1215 3d av Ruth musician r 825 S Highland av Andersen Feder h 14 National av Sanitarium Anderson Ada nurse Paradise Valley CO) " Geo C (Clara M) (Calif Co-opr Cigar (S D) h 2940 I av " Mary. (wid John) h 2817 Sth " Paul nurse W St " Stewart F (Lillian R) plmhr 22 2201 1Sth S D RY h 1624 7th av " Thos B carp h 1520 16 " Dorrisx M packer Bishop & Co r 6:. l a la " L r 1624 7th av 1540 1st av �; i, (wid C A) TILE ULTRY, E s Celia h 2015 f Edna nurse i r (Daisy G) sJohn D (Ethe` 19 h 241 E 4th IJt ptto V (Joseph' b l anoitan av a1 .g eY Sanitarilu F- } alley �4ate Frank E h ,da Refnglo (Carn bmbr Co h 1540 eea Jesus (Dolore plant h Santa F f,nls lab Santa Fe kila Cruz lab Santo III Antonio lab Sat ;�l Sih-ano (Juana) ando Ramon h 21'. Yong Glenn driv Lit Jos E (Franceo h314 3d �NOLD ALB ER 1 York Life Inc C 'Arthur M r The T dSOLD NANCY L (' nano Jesus (Franci -Aga *up: (Jesu $anuel (Viscente) rtia John G (Mayor_ ar brook Vernon B i D av key Walter H (Ka do Ramona Mr: Wellington B r Paradise Valle son Chas 1-1 (Ce- ' 623 3d Mhos L r 623 3d rood Fern M r 31 bry Paul (Clara) n Wm J (Lucy A) tin Jas h 704 E 1( JAr 2625 J Beni (Soledad) Acres) Dcock Chester A ( 2430 F av Louellon G (Belle - Saml L driver Wh h Jacob h 1765 30 [,,, Scary Mrs (Bach &Lafranz (Mrs IV Lafranz) art sl ders Ina lndywkr all Ralph B (E. Inch 520 J av Jley Florence (wid -.7 Clifford 0remn ( -- 'rd Otto r 1114 Sit itY Mason elen Lo er Jas O (Blanch Willard A (Emma hires Francisco h Corp r 1422 7th uin Chas E pit Co r 11"a1 4th a s E (Ida De) rr Prospect Jas C (Marie II) Dula Sri h Id min th 1 24 7th v Andrade Brenabe (Rosa) b Gas Co (S D) 1' e)t BRO CONSULT THE OPTICAL CO. 1011 FIFTH STREET Ground Floor, First National Bank Building Examined by Appointment ea. 53 tchr r 1� ARI MOD& 2330 LA .L PAPER ARNISHES PHONE, MAIN 26 on Martha C) mill wkr Se Lfg Co r 1540 E av ssie F) dap marshal h 1540 ,y A (Mary) carp h 38 W 11 OTEL (0 M WARD) 1934 6tirv, Coronado Sch r 2225 Nattotia 5 National av wd G (Deborah) h 1136 is e) rancher h L av nr 10th h 520 Highway av at clk r 324 3d tty Mrs (Ensign Quick Lune. av yd L (Beatrice I) reprma" •ner Prod Sery Sta h Fehto tn) L sub foremn Schiefer Fuca- 263 ary asst matron Paradise P, um C (Kate M) driver Whiting - Nine) jan Y W C A h 11434t 16 Grove av Ilya) lab Pub Wks Dept U rove av blatl Iron Wks D r 532 Fav lrs r 532 F av F (Stella) 2d hd gds 1807 7 ✓ M av F r 1925 F av rta maid Maryland Hotel )live V) gro 1206 18th h 18 n firemn S F Treating Plant (Alice G) vulc U S Grant AR h 725 W 22d �" la Mrs r 500 Arcadia Velma A) lab h 223 E 16th. mrss aradise Valley Sani 637 2d Ei 1) billiards 1804 7th., 17t T) rch hand h 8th nr city IN er Irwin & Co r 232 E 16th;= ship clk Hage's Ice Cream 0th t r 637 2d 7th av urrell) checker Maryland av oultry r 232 E loth an A) ship carp h 232 E i01 le A) atty 300 Granger blk Irwin & Co ily .A) rancher h 637 2d ' (Nellie M) clk Gas Co h 530; ✓ City Sch r 2910 E 8th :' s dom Paradise Valley.-Sahj$ • (Cora) brick lyr r 1337 vlarie M) lab r 2402 l6th:' terine) mach h 324 W 15t 7th av J (Ethel M) ydmn Wes E 10th Cleo V) U S N h 1700 Grov.P (Opal C) gro 2605 18th h Leg ranger and Van Ness (Linen, Mae W) U S N h 841 28t11-: W (Blanche M) h 424 N (Edith M) carp h 16r UMBING - HEATING - REPAIRING ED BROS. CO. `% Main 9775 SUCCESSORS TO C. MERRITT co. 7 7-733 Seventh St. San Diego NATIONAL CITY gs Geo W (Florence V) agt Metropolitan ire lns Co h 1527 2d av er Jos musician r 825 S Highland av Fay (Corzine & Hawes) r 1137 Na- tonal av ,Wm M (Mary E) horsemn h 1339 4th a ei Alfd F Mabel J) rancher i '40 16th Alvin A (Nannie) roofer h 1727 4th av rper E millmn Homeland Bldg Co r 127 W 7th ura 11 h 429 4th it Davy (Bernice) lab r 2112 6th av is A (Hazel J) U S N r 423 J av Albt (Angeline) r 1005 5th av Hteron D (Edna M) h 1705 B av 111 V lab h 1005 5th av (glas R studt r 721 G av _t[ D (Katie B) h 721 G av "Chas L (C Jeannette) carp h 315 Nor - (tin av Weland I agt March Life Ins Co d Nellie (wid S G) hdw 1740 7th h same kg Emmett (Eliz) lab Amer Agar Co h 04 W 15th ngton Harry L (Isabelle) cement finshr 826 D av Florence r 836 National av silt restr 22 E 8th r 836 National av A Chas (Lulu) clnr & dyer 1845 Island y (S D) -h 408 1st Jos H (Mae B) gardener h 1150 P av 'Cora A r 515 D av k h 515 D av g,S (Veda) bldg contr h 27 Alberta et 'C W (Elsie) gro 340 W 13th h same Horace A (R Belle) cafeteria h 642 F av ohn (Elsie) trans h 1834 K av Jobita press opr Sanitary Lndy Co r 041 4th av s roofer r 1641 4th `t'a Oscar F (Nadine A) pipeftr h 206 5th Arnold E driver Richfield Oil Co r 839 7th d C gardener h 839 7th 'Jesse driver r 1407 2d av h clk Hamilton Inc r 1407 2d av n Einer 0 h 605 F av Inc No 19 John Angius mgr gro 812 tional av ag.Florence (wid B J) r 1812 5th av >Alice (wid Geo) h 432 W 18th gT&on Bessie Mrs h 921 8th l R (Effie M) driver h 443 Fenton pl ,Lanoitan) W emp Spreck]es Savage Tire Co r 1926 F av Y Geo E (May F) driver h 1764 P av H Wm (Hazel) carp h 1820 P av ht (Ida) h 132 W l0th Adam h 305 E av dez Anselmo (Francisca) lab S F Treat- g Plant h 2012 Gth av 'nit) (Maria) lab S F Treating Plant h 11.6tl4 8th av nacio (Maria) lab r 320 W 18th (Juana) lab h 2032 5th av tin lab S F Treating Plant ✓ (Celia) lab S F Treating Plant h 1420 h av Beni F (Nettie) 17 S N h 1505 2d av Chas Freda E) h 235 4th `ornelia r 2529 D av ie 1/12 fro Highland av h me in W (Annie) sismn r 2529 D av IRECTORY (1926) 1091 " Nicholas sery sta 2803 Highland av r 2529 D av " Wm (Cornelia) painter h 2529 D av Heyler Cletus M (Catherine C) 'Treating Plant h 304 3d Heyser John A (Marcella) flremn S F Treating Plant h 817 2d av Hiatt Chas gang foremn Pac Tel & TeI Co r 1933 E av Hickey J A garage 1040 National av Hicks Chas E (Margt) h 1212 3d av Hida Louis (Juanita) lab h 1641 4th av Highland Avenue Elementary School Highland av bet 17th & 18th " Avenue Nursery (0 G Austin) S Highland av bet l6th & 17th " Nursery (Richd Grah) 1428 S Highland av " Service Station (T P & F A Gee) 807 Rth ^,Hilditch Isabel H v-prin Sweetwater High Sch r 724 B ay " Mary C (wid Hugh) h 724 B av Hiler Geo W h 910 7th Hill Eliza G Starr (wid E S) h 705 8th " Rachel E r 205 E 9th " Raymond (Ella G) bldg contr h 618 1st Hilee Chas P cement wkr h 921 8th Hi]ligas Louis P (A Ruby) r 621 A av " Louisa (wid F' P) h 621 A av Hillyer Theo F (Eliz) printer h 1443 18th Hines John A caddy r 423 J av N Riser Emma M (wid J L) h 333 8th " Laurah L tchr Sweetwater High Sch r 333 8th Hitchcock Harvey R h 435 Fenton pl (La- noitan ) Hite Thos II (Emma) carp h 2915 Highland av Hizon Henry J (Rose) baker Heller's Inc r 1627 W 17th Heaglan Geo W emp Gas Co r 1515 F av H OAGLAN JAMES L (Violettte) acetylene welding and brazing 421 National av h 1515 F av Hoekett Nellie nurse Paradise Valley Sani- tarium Hockey John (Mary J) h 1323 4th av Hodge Jas E (Jennie M) real est h 1018 D av " Walter F (Cora P) slsmn C E Anderson r 1018 D av Hodges Fred J (Mary M) foremn Sweetwater Water Corp h 1533 5th av " Wm F (Fannie) fruit picker h 723 W 15th Hofacre John (1 h 2302 I av Hogan Peter (Selma) tire hldr h 516 C av Hogarty M J r 925 E 8th Hokanson Gust (Hanna) lab S D Poultry Assn Inc h 1701 B av Holaday Geo W (Sarah I) (Roll In Mkt) r 108 National av " Leo W (Roll In Mkt) r 108 National av Holguin Aniceto (Refugio) h Rachael av (Lin- coln Acres) Holland Arth R studt r 37 E 21st " Winfield S (Helen B) poultry h 37 21st Hollands Chas A (Eleanor) slsmn Homeland Bldg Co h 2540 8th Holtenbeck Harry M (Kathryn C) (Dodge Shop) (S D) h 2101 Grove av Hollingshead Claude (Alta L) U S M C r 1I15 1st av Hollingsworth Albt barber 23 W 61h r same Holm Emil C (Vista) h W 19th nr Bay Holman John R r 1905 I av " Patsy Hughes steno r 1905 I av Holmden Cornie cook Paradise Val Sanitarium " Harry L chef Paradise Valley Sanitarium foremn S F Try us on your next bill. You might have saved on the last ! INDEPENDENT LUMBER CO. 3901 Main St. J.Qilfery J.L.Tillery PHONE MAIN 6355 D A V E R INSURE YOUR AUTO WITH Individual Underwriting Corp. PHONE MAIN 1350 431 Commdmreath Bldg. RCY H. GOODWIN COMPANY ENERAL INSURANCE and BONDS REAL ESTATE, RENTALS and MORTGAGES 202 FIRST NATIONAL BANK BLDG. PHONE, MAIN 3118 23. Pasade San Die LIN 420 o repr 1832 Ivanhoe ier av cy Pines rd ...�3 rd (Loma M) Plumb - Girard av, Phone — Say av, Phone La -_'_ side lines and La.� on- h 921 5 Coast Nett the 1�— are '7 of Iro- 'N- tial of ith de. in Wn em A St STATIONERS CORPORATION 52 SIXTH STREET SAN DIEGO. OS ANGELES HOLLYWOOD COMPLETE SOO COMMERCIAL AND SOCIAL STATIONERS OFFICE SUPPLIES Y.& E. FILING EQUIPMENT AND SUPPLIES THE MIMEOGRAPH LINE K nEPARTMENT NATIONAL CITY DIRECTORY (1928) National City Directory 1928 1335 Located adjoining San Diego on the south along the eastern shore of the bay of San Diego, 'atmonal City occupies a beautiful and healthful site that in its present slate of development is tractive alike to the suburban home -seeker. the investor and the manufacturer. The present opnlatlon of National City is-8500. National City is only twenty minutes ride from the business center of San Diego on the an Diego electric line. Water supply for this city is conserved by the Sweetwater Dam. The pacity of the reservoir is 11,542,000,000 gallons. Mountain water from this reservoir is deliv- ed under pressure in all parts oftthe city. The irrigation rates are very low. Thr city streets re well lighted. Excellent high and grammar schools are found here; the. public library is unusually avell ileeted and occupies a $10,000 building; churches of six different denominations own their own oases of worship. Nowhere can better suburban home conditions be found. n Y^R-"'J."i'v t.pMELANO 9�o�^�G.Ja HOMELAND BUILDING CO. NATIONAL CITY, CALIFORNIA Construction merchants since 1910. Completed homes at a moderate cost and on monthly pay- ents if desired. Building material, tools and home equipment at market rites, with a personal interest, called service, that costs you noth- g and makes you feel "At Home" with us. NSURANCE—RENTALS TRADES LOANS —REAL ESTATE Mortz Saunders, Incorporated Licensed Real Estate Brokers Phone, National 391 33 National Avenue National City, Calif. ROBBINS RUBBERCO, ll s DISTRIBUTORS Of NORWALK AND MICHELIN TIRES Retreading and Vulcanizing 1St and B Phone, Franklin 3379 CO 0) P1 0 0 0 0 FRED C. SILVERTHORN & SONS HAY .o GRAIN o SEEDS WOOD o COAL .o FERTILIZERS 501 MARKET STREET 24. TELEPHONE, MAIN 71a1 & co San Diego =` 2641 Highland av ..r resit' 804 National ar h 617 Arcadia pl ,r-erymn 1928 ilighland- et rancher h 710 E 18th. h mtlwkr 720 National av h 2509 J av .1) poultry h 1340 1st av ,,nal City News r 179 otog 421 F, av hiefer Furn Mfg Co r"-- :stun h 2221 Prospeet av 1 h 2715 Grove -eel) A. Taylor) h 15"" 738 Highland av 3( S Taylor) auto repr av shingler h 704 E av F) damn h 2858 Grove ,nta Fe r 1934 6th av Wholesale Fruits and n Diego, Phone Frank. hlksmth Otto Stang 2;25 D av ial shtmthvkr h 212 nt- " 11 E 4th 25 7th av .+ Setts r rt 1 201.8 1 av r h 841 Arcadia lil h 1209 E 18th 1123 E 7th Saunders r 2018 t av -1 h 2744 Highland av )a) h 1818 Newell 6th I V) r 628 J av h 910 Melrose 223 TV 13th tar chauf h 225 1st av h 225 1st av h as) lab h 1433 7th av eng h 2703 E 18th -Isms h 225 E 1st -1 auto mech h -1506 E Hawkins) General _cans and Insurance, ne National 344 Schiefer Furn Mfg '140 Highland av 1 d Club 306 E 2d 3TS AND =RYMEN f Main 0137 es in 0138 DIXIE LUMBER& SUPPLY COMPANY PHOog'63EST Wo Sell dEAything LUMBER, AND DOORS, ROOFING, CEMENT AND PLASTER Mill and Yard - University Ave. and Oh o St. NATIONAL CITY DIRECTORY (1928) 1347 Haering Nicholaus J (Geraldine) h 905 E 13th Harper Chas H (Marguerite) h 831 C av Haig C B miltmn Schiefer Furl) Mfg Co r San Harris Eunice r 637 E 2d Diego " Geo (Alice) h 2192 N av Haigh Rosario phone opr P T S T. Co r 1533 5th av " Walter R (Rosalie) h 1533 5th av Hale Josephine Mrs h 830 Pleasant 1a Halkins Chris (Essie) barber h 115 Laurel av Hall Chas H (Melvina P1 h 2911 Highland ay- " John meat ctr J T Bohnert h rear 1227 4th av " Geo 13' (Dorothy) br mgr Irwin iL Co h .81.2 E 4th " Henry K (Mayne) h 412 E ?lth " Herman 5 clk r 232 E 10th " Ida TY tchr r 637 E 2d " John r 1633 7th av Luther M poultrymn r 232 E 10th " John A (Dottie) lab h 1645 Far � Myron (Lillian A) carp h 232 E 10th Leon (Raze[) h 2632 J av " Ray ..‘r (Carrie) City attorney h 115 E 1st Louis C: r 2911 Highland av- " Wilbur N C br mgr Irwin & Co r 312 E 4[h " Richd chauf Natt Truck & Storage Co R m H (Emily A) rancher h 637 E 2d Richd H (Rose) ironwkr h 421 E 17th Harrison Bo , C (Nellie M) elk h 530 E 1st " Sam1 C (Della) USN h 501 E 1st " Emma D r 2620 K av " Wm H (Dora) lab h 1707 D av " Lem B barber L G Pullen Haller Arch 0 (Nelle B) rancher h 1820 E 16th " Reuben E (Charlotte R) h 2101 Grove " Fred (Leona) rancher h 1850 E 16th Harshrnan Jerry (Cora Et brklyr h 2124 22d Hallett Cora Mars ores Olivewood Club hart Cecil R (Marie) lab h 1927 Newell Frank (Nora) prsnrn h 516 B av " Hal H (Cora R: Kozy Apts) h 512 F av " Kenneth lino opr National City News h 122 E 10th Halioek Clinton (Martha) maehmn Schiefer Furn Mfg Co h 814 Melrose -- Helen H elk r 1540 E av Jas W (Jessie) jan h 1540 E av HAMANN HOTEL (Mrs Annabel Rush, Mrs Emma McCracken) 1934 6th ay. Phone Natl 537 \Vm (Martha) h 2225 National av Hamhlet Chas II (Mary) lab h 413 TT" 18th 'Hamilton Edw• G (Mary- D) cashr Sw eetwate_ Water Corp h 1136 1st av " Jas rancher h 1239 E 12th Hammer Carl F r 502 E 1st " Chris J (Minnie) h 506 E 1st " Clarence (Dorothy) USN h 502 E 1st Hammon Hubert slsrnn r 324 E 3d Harnmond Rebecca Mrs h 1212 2d av Han,pson Mary (wid Wm) r 640 E 19th Hanson Arth (Bessie) millmn Schiefer Furn Mfg Co h 527 E 3d Hancock John M (Corrinne) tchr h 1417 I av- Hanes W C crater Schiefer Fart] Mfg Co r San Diego Ilannaford Mary housekpr P V Sanitarium r 2709 E 7th llanschild Peter r 734 National av Hansen Alvin mech P T" Sanitarium r 2902 1: 6th Carl C (Katie M) chauf h 2116 Grove Carl P ?.1 (Jensine) auto mech h 1143 4th av " Chas L (Eva) jan h 2102 Grove " Danl (Anna) cement wkr h 325 E 2d Hanson John (Marta) auto meeh h 282G Grave " Minnie D (wid D S) r 532 F Wm A nurse PV Sanitarium 14arbert Wm F (Stella) cattle buyer It 1450-a E 30th Harbison David F (Carrie L) h 1915 F av- -- Ira F (Gladys A) h G13 E 18th Hard John B (Stella C) pub avet h 1225 E 3th Hardcastle Wm firemn Santa Fe Hardenburg Jas r 343 E 3d - Walter E (Mary) lawyer h 34S E 3,1 Hardesty Laura Mrs Ir 1523 5th av Harding Alice Mrs lndywkr r 910 A av- Asa C (Alice) garage 1040 National av h A av Hardy Fred G (Bernice E) cond h 90G 1i 5th Harkins John J (Mary A) h 1222 4th av Harlo Wm D1 (Velma) h 1625 B av Harmon Lela nurse P V Sanitarium 519 " II L mgr Bay City Oil CO r San Diego Harry 2d hd turn 1716 2d as Mary Mrs dry gds 1707 7th av " Robt r 1704 6th av Hartman Fredk J (Ethel AD lab h 116 W Sth Harvey Rowe V (Cleo) 'USN 11 1705 Gruve av Harviy C Albt (Opal C) gas sere sta and tern 2605 F. 13th Harville Ludie (wid H .1) h 308 E Sth Harwell Elzer (May) USN 11 341 E 23th llaseltine- Elwin TC (Blanche) h 424 16 1st llaskett B L elk Liberty Food Co r San Dirge Hastings Nathan L carp r 9:33 A av Hatfield Harriett -Mrs r 221E 1 av Hass-ke Wm H (Diary El horsernn " sv Hawken Alf E (Mabel) rancher It 940 16 13 avvkins Alvin A (Nannie) roofer h 1727 4th av die r 1727 4th av " Verner E Realt - '. r re-,r TV 7th Haworth J Clinton (Ca roline) da irynm b cor E 9th and R av Hayden David h 2112 6th av Hayes Alht (Angeline) lab h 1005 5th av Hayes Danl (Mary) h 2205 7th av Hays Chas L (Jeannette) patnmkr Naval Air Sta h 315 Norton av Hayward Nellie F (wid S G) hdw 1740 7th av Hazelrigg Eliz (wid C TV) r 1330 National av " Emmet h 1330 National av- Hazlip Beatric-.7 nurse r 1105 E 7th Robt A (Beatrice) tilesetter h 1105 E 7th Head Marguerita Mrs r 2325 E 7th Headlund Edw R (Frieda) carp h 1705 2d av Healey Chas A (Mary L) h 406 E 1st " Jas P meat ctr Young's Market r San Diego Heath Cora r 515 D av " Frank inventor h 515 D av Hebard Horace A (Belle) h 642 F av Heck John (Elsie) h 1834 K ar Hedger Frank (Irma) pasteurizer h 326 D av Heider Javitn lndywkr r 1641 4th av Heider Louis (Jovila) lab h 1641 4th.av HEILBRON FRED A, Plumbing and Heating, 1446 5th av, Phone Franklin 1168, San Diego Hein Wm J (Ernily B) h 35 F 13th Heine Henry (Lupe) chauf h 1124 1st av Heintz Arnold C (Mae) chauf it 339 E 71h Edw- C gdnr r 839 E 7th Heller's Inc J F James br mgr gro 812 Na- tional av Hemeon Alice (wid Geo) h 432 TV 18th BARNEY BARNEY INSURANCE (Every Form) BONDS (Surety) PRONE Main 2143 Scripps Bldg. (2nd Floor) ABOARD BUILDING & LOAN ASSOCIATION 1045 Seventh St. San Diego, Calif. PAID ON INVESTMENT CERTIFICATES Legal Investment For Executors Administrators Guardians and All Trust Funds PATENTS TRADE -MARKS A. B. BOWMAN ATTORNEY AT I,I —OFFICES.. SAN DIEGO, CAL, 51B Union Bldg. Phone, Oa 72OS' COPYRIGHTS LOS ANGELES, CAL,1015 Spring Arcade Bfdg.*• 25. fAdiM 194 D IGH fled ess o',FlJr' By Met um :rth vied rt own El 1600 BROADWAY Vail Da Ewa Ma Ike H Kim SINCE 1923 VA yaw ism - TEL. FRANKLIN 1234 (1952) R. L. POLK & CO.'S Harper Glen P (Janet L) USN h42r/a E 5th " Jos E (Dorothy A) meth HAS h336 E 4th Harr Richd L emp CVAC h2011 Grove Harrah ,Clarence ➢ (Blanch H) br mgr Rancho Meat Packing Co (SD) b1630 4th Harrell Herbert W (Ethel L) flshermn 111411 E 4th " Minerva E Mrs emp CVAC r1027 Hoover av " Rupert H (Clara) USN 4;1228 W 9th Harlington Edmond (Billie R) emp CVAC r4I8% E 30th Jerrold L (Nellie Si reprmn CVAC r305 High- land av Harris Abe lab r833 E I8th "' Betty Lou typ BofA r Chula Vista " 'Cecil P Mrs h1107 Natl av ." Chas C (Anna B) mgr Mayfair Chia & Dyers (SD) h5948 SanAIiguel rd " Clara Mrs cook Sportsman's Club (5D) r2120 Reo dr " Eunice business mgr Sweetwater Union High Sch r Bonita Eva Mrs r2201 E 78th Gerald (Joan C) real est 340 E 8th h1022 E 16th " Herman (S (Letitia B) cook h213 E 4th " Ida W dean Nat] City Jr High Sch r SanDiego " J H (Evelyn) emp CVAC h2838 Rancho dr " Jas L (Donna J) driver Ry Exp Agcy h3809 Acacia " Jean E Mrs baker r141 E 4th '' John (Della) shoe shiner Kenny's Barber Sh.. r1827 Wilson av " John R (Lorna J) reach CVAC h1334 0 av " Jos M (Helen) USN h5949 Edgewater Lawrence V (Mary) body shop mgr Fuller Motor Co r SanDiego " Lee A (Ida L) carp NAS h129c E 4th "' Lorna Mrs mgr Nati City Florists rI30 0 av " Lourie (Myrtle) car washer Nat] City Car Wash h112b W 26th Luther M huckster r232 E I0th " Mildred A Mrs cook h1619 Wilson ay " Myron h232 E l0th " Robt (Stella) lab Naval Sta h1827 Wilson av " Royce L (Helen) USN h507 Palm av Shirley R elk NSD 1.213 F. 4th " Stewart (Clara) USN h2420 Reo dr Harrison Betty J Mrs elk Bagnall Rexall Drugs r2341 Grove Bon C slema A W Stephens h530 E 1st " Henry G (Pearl E) h2411 I, av " John F' (Sarah A) mech NAS h427 G av '' Lloyd (Alice) h2341 Grove " Lynn R (Highland Avenue Barber Shop) b 1827 Highland av •' Noonan USN r2540 Fenton pl " Robt W (Frances; Bob's Market) h2820 Nati Herrman Anna (wid Jas) h1916 L av " Wilson W r1916 L av Harrold Richd J (Marian V) firemn h125b E 27th Harsch Geo J (Lois R) USN h24 Alberta ct Harshman Glenn W (Aurelia G; Home -Aide Bakery) h1492 Mariposa Hart Claude L -(Ethel V; Hart & Sons) bldg contrs h920 E 16th " Gerald W. (Hart & Sons) r Chula Vista Harold R millavkr Harrison-Riedy Grain Co r (SD) r375 W 29th " Sath C (wid Harry) nurse r1819 0 av " L Patk (Violet E; Hart &. Sons) h5920 Potomac " Milan B (Nellie T) custdn h1537 K av " Richd it (Ruby) USN h31 W 12th '' 'Hold L (Adeline P) insp CVAC h405 G av HART & SONS (Claude L, Gerald W and L Patk Hart), Building Contractors. "Distinctive Building at Low Cost," 1343 Highland ay. Tel Greeley 7-1194 ' Wm (Rath Ai) h1819 0 dartegan Marvin L custdn Sweetwater Union High Sch r SanDiego Harter Alice A Mrs emp Cormier's Custom Dry 'Gins )CV) r1432 1 as ." Jules C )Alice A) b1432 1 av Hartin Edw R blksmith 1,2024 Winton pl Hartman Leon J (Fit -Rite Auto Trim) r1098 " Robt L (Ora El pntr h541 Palm se " Wm (Fit -Rite Auto Trim) Ilertmann Paul .7 r2786 Vista way Hartung Ralph Al emp F & G Tool & Engi- neering r420 Highland av Hartwell Glen A (Vashti; Hartwell -Skinner Furniture Co; Hartwell's Top Shop) 11716 E 1st -Skinner Furniture Co (Glen A Hartwell, Hugh C Skinner) 243 Natl as Hartwell's Top Shop (Glen A Hartwell) auto trmrs 245 Natl av Hartzell Edna M Mrs 62901 E 8th Harvell Sami II r2320 L av Harvey Helen Mrs nurse Wilhelmine Home " Jas R (Cleo V) h1705 Grove " Joshua porter Ray City Mtrs r 0tay " Milton D (3I Diane) elk McBride Disir Co (SD) h1706 Prospect Verne K (Martha J) nhys 1.5781 Winchester Wilbert R (Helena) h"a611 Cumberland Harvick Arlie P (Lora) emp :NAS h1411 Cool- idge av Harvie Clifford A (C Opal) h2116 J av Harwell Dorothy J tchr Hamilton Sch (SDI 1-841 E 28th " Eizer (Mae W) elk 11841 E 28th Bashem Robt (Rosalie) lab Naval Sta 1.21( W 13th Hasley Frank W (Ella 0) h520 J av " John D (olive) h103 N Drexel av " Olive Mrs cook Twenty Club (SD) r103 N Drexel av Hass Donagey L carp Rile Morgan r615 23d la Hassler Chas I, (Rose) emp CVAC h1309 Cool- idge av Hastings Carlene Mrs hsekpr PVS&H r2411 E 7th Jesse T (Meta M) firemn h2104 Wilson av " Neil W (Carlene E) drug elk PVS&H 112411 E 7th " Ronald D (Shirley J) milk processor h229 G av " Thos J (Barbara) USN h125d E 27th Vashti L (wid Alf) rT15 R av Hatcher Chas (Goldie) emp Mohr A Corp h2105 Prospect Hatherill Jas R (Adele J) USN h2010 E 16th Hathaway Jack S (Juanita J) plmb 111 High- land av Flattery Edith M (wid Jas) tel opr PVS&H 1r804 Arcadia Hatton Clarence E (Annie) USN h217 W 8th Hatz John C mgr Sprouse Reitz Co Inc r Chula Vista Flaubert Wm (Essie; Haubert & Cook; SD) h 1112 E 2 rl 1 . ovens Morris N (Lois) slsmn 18th " Vernon D slsmn W E Adkins r405 G " Hawk Mary E (wid Wm M) h407 W 14th Hawken Alf E (Mabel J) 11940 E 16th " Edw J (Virginia) tchr h906 F. 16th Betty) opti Daniel aw ms (SD) h3109 F av '' Duane A (Dora B) poultry breeder 121417 1 av " Gordon S (Mary) USN h318 S Drexel av "' Letitia M (wid Elbert ➢) r2425 Grove " Orrin A (Aldean R) frt hndlr h940 Melrose " Perry L h626 E 16th " Ruth M 112425 Grove " Stella Mrs hill Roosevelt av " Verner E (Gladys M) real est 122 Nati av h 224 F av Hawks John B (Frances M) USN 112208 E 8th Hawley Wm H (Nan) mtce supvr 01Ivewood Hous- ing Project r Palm City Haworth Mary Mrs slsw❑ Kolb -McCormick Ap- parel (CV) r4I3 D av Hawthorn B Glen (Georgia) mech h.-a511 Bolivar Hawthorne Val conslnwkr r1330 E 8th Hay Laura D h429 E 4th Hayden Earl S (Maude L) 112745 Virginia dr " Wm F (Daisy A) h1307 E 8th Hayes Angeline (wid Albert) h2134 McKinley av " Barbara Mrs 113212 Alta dr " Edw (Connie) driver h1615 Coolidge av "' Fayette S (Hazel Nl) h2649 Virginia dr " H Duane (Beryl J) clo cl❑ 1113R E 2d " John H (Blanche 0) h141 W 1105 " Lily C Mrs Indrywkr r1726 Grove " Mary h2205 McKinley av " 31ary B Mrs r232R E 61h " Morna 0 slsven r1623 Newell " ()scar A (Morna 0) cabtmkr Hallman Wood- working Corp h1623 Newell Haynes Lottie Mrs sery opr Singer Sewing Mach Co (SD) r2OS D av °' Therrell C (Virginia 3I) lelev tech h6178 Cum- berland " Wm custdn Sweetwater Union High Seh r Chula Vista Hays Carl K fishernm r212 E Division " Earl R (Alma N) fisher -inn h212 E Division "' Wm E (Helen 31) with CVAC 115903 Schuyler Hayslip Chas (Velma) ems Rohr A Corp 11217b E 27th " Jack B (Balboa Battery -Co; SD) r1921 Cleve- land av Hayworth Helen r413 I) av "' Ai Eloise sten r413 D av " Mary K Mrs elk 11413 D av Hazen Alan W (Beverly) USN h2805c A av Hazzard Robt L (Donna R) USN r10 Highland Head Dant B (EHz A) fishermn h128 E 3d Heaney Marvin W (Regina) chair( h1737 Newell Heater Mae B (avid J H) h233 A av HEATH FUNERAL HOME (H H Heath), 24- Hour Ambulance Service. 611 Highland ay. Tel Greeley 7-4139 Howard H (Joan ; Heath Funeral Home) 11011 Highland av " Marbeth L Mrs r1200 Earle dr " Patricia R r1200 Earle dr " Ruth D (wid Grover Cl nurse h1636 Grove o Wm M (June) USN h 2138 C av Heathman Ivin C tchr Natl City Jr High S-ch r SanDiego Heaton Clyde W (Eloise N; Heaton's Grocery) h 2415 E 18th David L (Dora B) roofer Leo Delgado Roofing 11644c E 8th " Edgar C (Lucy B) carp h439 E 26th " Sarni A (Nettie) fishermn 112111 Highland av Heaton's Grocery (C W Heaton) 2415 E 18th Heck Chas 1) (Vera E) driver Heck Transfer & Stge Co (SD) h1901 K av " John R it )Alharline S; Heck Transfer & Stor- age Co; SD) h2808 K ur " John W & Johnson Service) r Chula Vista & Johnson Service (John W Heck, Lloyd E Johnson) gas sta 2501 Granger av Becker Jean C (wid Chas iorningside dr " Margt E Mrs nurse h24 ;side dr Heecx Eva D Mrs beaut E 5th Is do Hector Aida C (wid Get av 26 Hedges Georgianna (wid Geo) r2230 L av Hed h18h John C (Ova 11) parch agt Rohr A Corp Nancy J bkpr FNT&S Bank r1845 Prospect ct Hedlund Wells P (Ethel A) USN h1510 Harbison Hedquist Ernest L pntr Dick Haas Mutars r San Diego Hedrick Wm M (Blanche) photog 11704 Roose-' velt av Heflin Albert E (Velma L; National Plating & k'rocessing Co) h3145 D av - Hegel Jos A (Pear]) grainer Naval Sta h12{p $ 261h Heideman Alf IC (Ann M) USN h1404 Earle dr Heikkila Eliery G emp Rohr A Corp r2408 K as Heim Bernard C (Mary) USN 412821b A av " Dwight S (Loretta) USN h1420 Coolidge av Heimberg Eleanore studt nurse r2345 G av Heinzman Maria Mrs cannery wkr h1728 Hard- ing as Heitczman A E (Cleo) USN h1235 Earle dr Heater Wm emp Rohr A Corp h126d 5th Heifers Berhnard W (Esther L) mach .Rohr A Corp h2120 E 24th Helgesen Harry M (Mary E) USN 112803 Alta dr Helgeson Maurice S (Betty L) emp NAS h1515 $ 7th Helmer John J (K Marjorie) production supt b 2705 G av Helmick Jay D USMC rI040 A av " Jesse D (Leta L) carp NAS h1040 A av Helms Wade (Belinda 51) tire changer Dorman's h 5759 Shaw Helton Wm A (Oca) h2984 Ridgeway dr Hetzler Roy (Ferrel) emp NAS 112220 Morningside dr Hemma Thelma tebr SanDiego Union Academy it 841% Arcadia pl Hemmer Raymond E (Mary R) pntr h617 E 24th Hemphill Albert Al (Rath T) repr 13629 E 4th Render Alf F (Nancy) USN h1234 Coolidge av Henderson Alta B (wid John) r206 E 18th " Bessie R Mrs pkr h921b E 8th " Clarence W (Pearl) USN h21T W 8th " Edgar L (Helen) slsmn Wright Packing Co r San Diego " Jack W (Beatrice) custdn Pub Sch h5929 Cum- berland " Leslie J (Ruth A) USN h1216 Earle dr " Melton W (Thelma) USN h1527 E 18th " Milford G (Ruby V) mech CVAC h1R57 ltanoltan "' Pearl V Mrs h1429 Coolidge av " Robt W (Vivian) driver h830 Edgerton way Hendrick Leon h2609a Natl av Hendricks Wm T (Lillian A) USN 13114 N Hen - ton av Hendrickson Georgianna Mrs sten Harrington's Appliance Sera (SD) r322 E 4th " Jas G (Georgianna R) USN r322 E 4th Hendrix Jas E (Nadyne) slsmn h2245 N av " Mae D Mrs b25241) R av " Vera M Mrs r2639 E 16th Henijan Wm (Olene) steelwkr h311 22d la Henuum Richd H (Betty A1) with CVAC h718 22d la Henrichon Clarence L. (Mary J) guard NAS 11 2336 E av Henrickle Helen Mrs prsr Newberry Clnrs (NC) r SanDiego Henry Dale F (Frances) mgr Nat] Dry Kiln & Processing Co (NC) r SanDiego " Edwin C (Frances L) mach NAS h2402 Nor- folk Jas R h1938 E Sth Jahn (Alice) USN h315 Belmont Milton R h210 E Sth " Viola L (wid Robt W) h543 Nall av Henschel Arth 0 jr (Jean 11) mgr Laundromat Half -Hour Lndry h437 J av Hensley Jas C (Evangelina) wldr BACo h3307 Orange av Henson Chas S (Elva E) 121e,1s :VAS 61509 E 1 Evere4Ihtt M (Nadine T) opr eng h2042 McKinley "' Leen (Alma) emp Naval Sta h2613c Natl ar lienyan Jos C (Viola; Pete & Joe Repair) r Otay Troy A (Pete & Jae Repair) r Chula Vista Heredia Albert (Betty M; Custom Finishing Co% SD) h20Sc E 26th ' Mateo lemon picker rI216 Mckiolev aV Hereford Geo (Mary E) USN h530 Roosevelt av Hererra Arth S lConsuelo) 112129 E av Heflin Virginia S Mrs r905 Hoover av Hermansen Gus O (Mary J; Gus & Jack's Tire Shop) h587a Potomac " 'Haidnr A (Emma E) repr Gus & Jack's Tire Shop h2505 Ridgeway dr Hornde Leo D (Venepha) v-pres McCune Mtrs ElCajon Hernandez Andre. Mrs h2005 Wilson av Anseln-.o (Francisco P) h419 W 19th Cath 31 (wid Everett) elswn Delbert's Dept Store r3010E16th " Emma Mrs dom h1840 Harding av b h "' Felix (Maria V) lab h2231 Hoover av " Francisco M (Guadalupe G) la2233 Hoover " Frank (Beatrice) inspr CVAC h75P3 E 17th Jessie T Mrs cultnarywkr PVS&11 r SanDiego " Juan M(Lugarda G) h2013 McKinley av " Juan S h2139 Roosevelt ar "' Louis G (Anita G) USN h1932 Harding av " \lanoel C h2621d Nati av " Manuela Mrs h1928 Wilson av "' Manuela r325 W 14th Nati av " Sarni S (Clorinda) emp CVAC h2717a "' Sarah P. elk Sprouse'Re(Ls Co r Otay ,Herndon Arch E (Jessie L) USN h113 E 6th Her C " 1. " L .a. 'Her Her Her Her: Her, Her: Herl Here M n 7t. Hers Hess " L ". La " PI Hetr' " Te " W 'Hen. Hew Hear HelHeyl(` H!'s 1 /fiat Hi bh Haul " (Su Hick. Hicks Hick, Hick. Hick. ' Let. " Ro Ro TVo Hlgdc Higgi Ma " Rot Hight " Are Ave, ' Av9 14 " Avg la Are aa HIGH) ti I " Nur la Pat 29 Sch Hight Hi -La 3 Hilda 7i1Web Hil '3 lilies '' Hilger L r2 Hilt " Cha " Cha V ' 'Dea " Ear " Edna Edw. ' Ivan,, ' 3 F: 103 Zara " Mini dil 4sea hli "R P! Ra([{ Ra3O " 'Sylvl Win Hi LLG) Ba av, /Infest( Millar: Edward Hawken son of Alfred and Mabel in the 1930's. Edward performed with the Sweetwater High Orchestra and also played the Piccolo. 27_ !age 10 ot 1U CD-a-Jk t9 4<-uPL-'q 5 • I 28. )7" f 29_ Robert (Bob) and wife Jan Hawken in the 1970's 0 M +'s, Thursc JHBUa .29...19.8Z_ - time Ina home iS rare silly an historical home hth in a series of precursor of the City Council. As activities. )mes featured on such, Hertel's position was • • The house is spacious and well- Homes Tour in equivalent_t_o that of mayor_ . _preserved-.1.t—has-four-bedrooms Hawken and its parents moved and a large living room. ft- makes in 1923, the year liberal use of woodwork, 'in - arrived •from eluding paneling and sliding doors between the dining and liv- ingareas. M-rs. Hawkers said-that-- Alana Coons, a local historian and member of the historical homes tour committee, had visited the house and admired its craftsmanship. "She said it was the best exam- ple in National City. So man of. the houses haven't had their woodwork kept up," she said, adding that much of the attrac• live dark wood was painted white. Various antiques are also part of the decor-, including an upright piano which dates back _to.l8.%.5.. A door in front oYTeinstrument has a copper flower design on it. In the living room, there are two light fixtures which have handmade glass bells. The bells, which are made of pastel opaque glass and have a glass string pat- tern across them, are inscribed with Hertel's name. The Hawkens also have an extensive .nsient society, it nd an extended Iafiv one house n is one of those who has spent ne home. rmer principal of li Sctiool"s adult I much of his life 75-year-old white .treet. Since 1962, e, Virginia, have forma bungalow hat; Hawken hildhood and he four.,tdr-ertn. 1 nal of National homes, the Ice was not built of he century. built in 1912 for rtel, who ater lent -of the Boar__ which was the in!o the house after they Wyoming. .Hawke, said .that_ he house -us- ed to be surrounded by a large lemon orchard, which covered an area between J and Highland avenues, "My parents were farmers in Wyoming, and • we bought the house from a Mr. Lig- gett," he said. He said that his parents traded a • Wyoming ranch for their new home. Hawken's father grew lemons on the acreage until 1940, when pe began subdividing for single- family home construction. In the meanwhile, the younger Hawken had -married and moved, info a smaller house on 16th and 1 Avenue. Twenty-two years later, Hawken, his wife and their three children moved back into the house after his mother's death. Virginia Hawken noted that ail_ house had been an excellent k,ahering place or their The EVard Hawken home china collection, ,ncluding a 1904 plate with a hand -painted parridge. There is an open ath house on theside of the main h< was built in National City in 1912 bromeliads. cymbidium orchid., lath house,,,' Hawken He and staghorns grow. ''My mother. added -that his mother was a was a s ery intense gardener, and member 0 the now -defunct local one of her- interests . as taking garden club and would bring her use.'where care of flowers. —She had tT;TT ! e ..iants r0 the club exhibitions. tsman style of wood work in homes man mop meat Tend: greet td�, _U:f-f nL i5 wood �17111 L!ICi Y.1r{;IS. H�r+t?-+.}17��.1 d�dA>r �-�--` � F-r. stone, bract. 'oncrete ahinetk and i,n4,a r. said. Dire as to #8: right on 26th St.; right on L Ave.; left on 16th St one block. 8. HERTEL-HAWKEN HOUSE 940 E. 16th Street Owned by Edward and Virginia Qawken This well preserved Craftsman style home features original Art Glass light fixtures and woodwork. Clinton and Gilbert Kimball (nephews of Frank Kimball) built the lath house that is still in use. Edward and Virginia Hawken both descend from pioneer National City families, Edward Hawken is one of those rare individuals who has spent many years in one home. A former principal of Sweetwater High School's adult school, he has lived much of his life at his stately 81 year -old white house on 16th Street. Since 1962 he and his wife Virginia have called the California bungalow home. Before that, Hawken spent his childhood and adolescence at the four -bedroom residence. Judge Frederick Hertel, who later became president of the Board of Trustees which was the precursor of the City Council, lived in the house in 1915. Ha.wken said that the house used to be surrounded by a large lemon orchard, which covered an area between J and Highland Avenues, His parents were farmers in Wyoming, and traded their ranch for the home on 16th St. Hawken and his parents moved into the House in 1923, the year after they arrived from Wyoming. His father grew 32. lemons on the acreage until 1940, when he begai dividing for single-family homes. After the death of Hawken's mother, he and his young family moved back into the family home. The house is spacious and well preserved. It has four bedrooms and a large living room. It makes liberal use of woodwork, including paneling and sliding doors between the dining and living areas. Various antiques are also part of the decor, including an upright piano which dates back to 1875. A door in front of the instrument has a copper flower design on it. In the living room, there are two light fixtures which have hand- made glass bells. The bells, which are made of pastel opaque glass and have a glass string pattern across them, are inscribed with Hertel's . Directions to #9: west on 16th St.; left on Highland Ave; right on 18th St.; south 2 blocks. Please view from street. 9. HOME NOT OPEN Stein Fauuly Farm 1808 F Avenue This yellow, two story Victorian home with black trim is the last remaining example of a farm house with a barn. Back in 1890 it was 2 miles from the center of town, and surrounded by farmland. Charles Stein immigrated to the United States and obtained, American citizenship in 1888. He first homesteaded farm land in the Otay area, but in 1900 he moved his family to National City, purchasing this property, which at the time contained 10 acres. The property already had an existing small house on it, To enlarge the living quarters to accommodate his growing family, Charles moved his home from Otay up to National City and attached it to the existing building. Everything was hauled by horse drawn wagons. Later the barn was built next to the house, where you see it today. One memorable day in April 1926 occurred when a cyclone ripped down F Avenue and removed the barn roof. This event caused quite a stir. In order to preserve the property, the Community Development Commission purchased the farm in June 1992, and thankfully saved it from imminent destruction. Since then, a lot of hard work has been done by people cleaning, painting and general maintenance. The plan is to develop it into a community and educational asset which in the future will welcome school children and the public for a step back in Lime. �} 1 Amount $ 14,500.00 (ixarautnn Order No. 66231 29A/139 After a careful examination of the official records of the County of San Diego, State of California, except those hereinafter fnentioned, in relation to the record title to that certain tract of land hereinafter described, the tinntlIern Title (!narantg Qtnntpatt A Corporation, having Its principal place of business in the City of San Diego, County of San Diego, State of Calitorn1, hereby GUARANTEES in a sum not to exceed Fourteen Thousand Five Hundred -- DOLLARS that said title, as appears from said records, is vested in Alfred E. Hawken and Mabel J. Hawken, husband and wife, as joint tenants, by deed to them dated March 22, 1923. Free from all encumbrances. 33. DESCRIPTION The West half of the North half of twenty acre Lot One in Quarter Section One Hundred Thirty-three of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 166, filed in the office of the Recorder of said San Diego County, May 11, 1869. NOTE: No examination made for municipal taxes or assessments of the City of National City. This Guarantee does not include an examination of or report on: First: Any ordinance or action by any governmental or public agency for the purpose of regulating, restricting or controlling the occupancy or use of the land herein described, or any building thereon. Second: Municipal Records and Liens created by the act of any city, other than the City of San Diego. Third: Proceedings for municipal or district improvements by local assessment, unless such assessment has become a record lien. Fourth: Irrigation, Drainage, Reclamation, Protection, Sanitary and Levee District Records. Fifth: Mining Locations, Existing Roads, Reservoir Sites, Easements for Water Locations and Rights reserved in U. S. Patents. Sixth: The validity of any Easement, Lease, Declaration of Homestead, Attachment, Public Assessment, Tax Sale or Money Judgment mentioned herein. The Southern Title Guaranty Company shall not be liable for any defect of title shown of record and not noted herein, until the certified owner has suffered loss of the property or some part thereof, or interest therein by the final judgment of a court of competent jurisdiction, and said Company has been given full opportunity to defend such action. Written notice shall be given to said Southern Title Guaranty Company within thirty days after the discovery of any cloud on, or defect in the title, and said Company shall be given fall authority to prosecute or defend, at its own expense, any action necessary to remove such cloud or defect. IN TESTIMONY WHEREOF, the SOUTHERN TITLE GUARANTY COMPANY has caused these pres- ents to be duly signed by its President, and attested by its Secretary under its Corporate Seal this Twelfth' day of November, 1925, at Eight otclock A. M. 66231 295/310 34. SOUTHERN TITLE GUARANTY COMPANY By a. Alfred and Mabel Hawken with son Edward Hawken in front of 940 E. 16th Street in 1933 35 4.4 4V; V:; �, 1 -QV 447, ,40-41 1.41 4' tiltW Series._.: REVOLVING FUND AGREEIVIE OEM umber (Pula ut u ratan ssorta#t Dade of Issua 1. _ Qie. l }iQ s`�-►-__ 9 ` ' This ckno wledgeS that a member "of L F C VISTA MUTUAL. LEMON ASSOCIATION. has contributethe sumo - - t - Jr/-Dolars• ancL.U- Cents (_ • to the revolvingg""�`�fund of said Association dur ng the fiscal year ending __OB.t.ahax:...31. ma LA- VISTA.,1 UTUAL' LEMON AS$OCIATION agrees to refund to said member at thetimeand.. in: the Manner:nro r -- vided in the Articles of Incorporation,. B I regjilations c-a j n • which' sum, rules,. regulatlo er and minutes are herebyIrefeerr d: to incorporated and minutes' by9refer reference and imade�a part heran this Agreement? subject to - any future •amendments additions snd changes' to and lajsaid. document lations and mines.' -.. t - Dart hereof and �. - s, rules. regu-,} This Agi„e'ement Is non -assignable and non -transferable' without written` permission of -the Hoar of CHULA VIST:$ MUTUAL LEMON ASSOCIATION and it 18 agreed-_, that CHULA d of Direetora CTAT1ON Is .under". no obligation to refund- said contribution --to any -person other, than said "member and Othoa ony subject to the'-Umttations provisions and conditions=herein contained or incorporated herein by reference: Each year's deductions shall be considered. a'serlesr and shall- be designated by a letter commencing' withA and so on through the alphabet and each series`ehall be.auinberedstarting .withnumber' one. ._Refunds sha11•be..made - - of the oldest series each year if sutiicientfunds' are available, but: no refunds- shallbe made until sufficient funds are -available tcr,fetire the entire oldest series. Refunds shall be made in no other manner No refund" shall bet,made without said member first -relinquishes this. Agreement„- Which' 'Agreemen£ sha j be cancelled, by t$eg ecretary Immediately upon payment of thesamount,.: as herein. stipulated. Thet. refunding_ of ---this ahallingidfnits.Iassets' andied liabilities, d to rthe' paymn ent ofisall--debts of on or- liquidation oelation; a hataupoa, anyns ch 11y: other mar' _ tioln.>il quidatiors;ur"marshalling, all such' debts shall be paid; in' full, before any dtstritiution of the as eta of- said Association shaII .e made ben account of this. refunding agreement. _ - '-- This, Ag}' en t, shall not become_valid .until the -ave u ' ` _. ., and Secretary+ bf #o Association:.; Th ac l eptance - of. this Agreements releases .the- . sloe ai'�ion : from the thee refunding or p$yinedt of th . •Amoy'nt eoyered- hereby in any other manner; than as herein_ provided..; No refund shall - be made .ti4rcund�er so lo�n`g a.s saidlmember Is Indebted to said -:Association -_ aea.d toi'N IWI N Sl W1-tFRROF THE CHULA VISTA MUTUAL LEMON ASS -mpt •herepnr /tend this' Agreement to be execn Orr - b,y I s caused' (bl f i-„ % tad in Mr:corporate n rporae. )�I attnatuf¢iiliapdi li a sig� ure of_ the Secretary, this f 4 r_7 by-lta President (his facsimile !!t r' y f=: 19 �- 0 By_ ---_President CHULA VISTA MUTUAL ASSOCIATION - dcrcfary itettgatittglAMitiOtlig *t l,1AZ tZ4Z C..).-tuk5 ettokt_ c_ii, '4)4 4ictv ‘I-.1(14-1,0ks_ 92p.rv10p,SScr.±ct)'Zr-i, ill 1el33 �` k4G, A-42—i)a)1/411t] JJsti ibe__J_Qc9 .).A iu) (4)6t4-- 0-f- :--(aupli ,1;;LS-trAte) 4.4 04. !/1, -14 t.1 • )Cx3r) 7.7 , 9 A 1`. S6.\ N n) ki/rry,),_ TJA-- INA c,, ,ves, Adams, Ida —Mrs. Ida Ball, Marie —Mrs. J. C. 13auer, Sylvia —Mrs. Phil C. Burnham. Carrie C.—Mrs. John Burnham, Marie —Mrs. James Clowes, Alice —Mrs. 1-I. C. Crow, Victorine—Mrs. H. T. Clark, Jessie —Miss Jessie Dahle, Anna —Mrs, T. K. Darling, Marcella —Mrs. Chas, W Follette, Delta —Mrs. H. W. Gardener, Mattie—Mrs, Mattie Guthridge, Roxana—Mrs. B. P. Goundie, Roxy—Mrs Boxy \.9 flLocoD d_u_?) MEMBERS. Hale, Bina—Mrs. Richard Harbison, Carrie F.—Mrs. D. L. Hebert, Sue M.—Mrs. Joseph Hill, Ella S.—Mrs. Raymond Kellogg, Florence —Mrs. F. R. Lozier, Ona—Mrs. D. E. Leffert, Thresa—Mrs. Henry McGrew, Louise —Mrs. Louise Merritt, K. B.—Mrs. K. 13. • Mowry, Clara French —Mrs. G. L. Noble, Elizabeth —Mrs. A. J. Noyes, Ione—Mrs. Oliver W. Noyes, Mary J.—Mrs. O. H. Nicholson, Sue M.—Mrs. I. C. JUNE 14th. Annual Supper. Mrs. R. L. Hale Mrs. M. D. Bryant Mrs. Fred Hertel Mrs. Mattie Gardner Mrs. John Gilliland Mrs. Guy Raymond JUNE 28th. Elections of Officer:, Yearly Reports —Musical Program. Annual Rose Show. Chairman Music: Mrs. Willis C. Corey Arts and Crafts; Chairman - - - - - - Mrs. Guy Raymond MEMBERS —Continued Osborn, Elizabeth —Mrs. E. T. Reed, Mabel —Mrs. J. M. Owen, Anna —Mrs. C. S. Snook, Edna W.—Mrs. J. C. Orcutt, Olive —Mrs. C. R. Post, Maude E.—Mrs. A. H. Praul, Eliza A. —Mrs. G. L. Praul, Hattie —Mrs. Hattie Platt, Nancy —Mrs. Nancy Pitman, Deborah —Mrs. Charles Raymond, Ada M.—Mrs. Guy A. Raymond, Mabel —Miss Mabel Strong, Annie —Mrs. M. L. Seymour, Marian Heil —Mrs, M. H. Thomas, Harriett —Mrs. Geo. W. Van DeRripe,Emma—Mrs. C. C. Warren, Alice —Miss Alice Winship, Mary J.—Mrs. Geo, B. Williams, Elsie —Mrs. J. R. club tilt -ram Arnold, Nancy Bagnall, Eva Smith Barlow, Jessie Bascom, Belle Belt, Nina Victoria Berkey, Esther Boling, Mrs. Mary Boulette, Grace Boulette, Louise Bullen Lorena Burnham, Carrie Bryant, Alice L. Bowman, Rose Chew, Emma Coburn, Flora May Confer, Harriet Corey, Mary Peabody Crandall, Sarah Crosby, Kate Crow, Mrs. Victorine Campbell, Claudia Mrs. A. G. Mrs. R. B. Mrs. Henry Mrs. D. S. Mrs.. J. A. Mrs. Wood Mrs. Harry Mrs. G. A. Mrs. E. L. Mrs. John Mrs. M. D. Mrs. J. A. Mrs. John Mrs. E. S. Mrs.. N. N. Mrs. Willis C. Mrs. F. A. Mrs. Philip C. Mrs. Georee Circulating Library Mrs. John Burnham Mrs. E. W. Haseltine 'tnuDitt} UIi mmittrrs PROGRAM Mrs. John Burnham Mrs. Joseph Hebert Mrs. J. E. Place 0 0 q Mrs. Irvine Nicholson Mrs. B. F. Moss Mrs. J. G. Shadbolt Cub program SEPTEMBER 5 Reception Musie American Archaeology Mr. Bradfield Hostesses Retiring Officers OCTOBER 3 Legislation. AUDITING Mrs. Irving Nicholson Mrs. Hattie Gardner Hostesses Mrs. J. C. Ball ROUSE Mrs. Geo. Dossing Mrs. Fred Eaton Mrs. Charles Van Deripe Mrs. J. G. Shadbolt Mrs. William Hunt OCTOBER 31 PRESS Mrs. Elsie Williams 57 47 0 I}Tlarntrr ]rel;ibrnts SJ 41 0 1910-1911 Mrs. John Burnham 1913 Mrs. J. C. Snook 1913 Mrs. Guy Raymond 1911 Mrs. A. F. Post 1915 Mrs. H. T. Crow Page Four Guest Day. Musk. Hostesses Mrs. W. H. Hunt Mrs. J. R. Williams Mrs. J. E. Place NOVEMBER 7 Evolution of Culture Mr. Edgar L. Hewitt Hostesses Mrs. henry Leffert Mrs. Guy Raymond Mrs. Arthur Eich Page Five Gil-OD/W=0- obs (9A-74-1 (9/VriiMliblIAP4 go. v (1-l o i 1 t-I e kt4_ (9.-covk 39. 40. tryl pc7r( cc pn co 5602t) (1) (7) • (1<r)L 0 • yf'*',61 4, ;t,44o,# Ch tI 45. • t LendedQient HAWKEN FAMILY TRUST 01-27-88 11 (�1,1 51Ru-T 2 22' LR BR KIT BA *930 22' BR LR BA KIT *932 44' _ Address 940 EAST 16TH STREET NATIONAL CITY CA 91950 36 3.30 v BR BR 1111 OR BR BA *940 — 2ND FLOOR 2b' 1 13'I 20' 19' COV PAT I0 12' 14' 2 CAR GAR 29' *940 — 1ST FLOOR DET GAR 23' 19• 14 2 12' 1<-ILV CR �� BA --)j• BR BR 23' 23 -. -BR 13R 3 BA K Y'T LR ,i#1G3 26• 14 • 20' 2' Say F� 14' 4• 12' so GE:kFORMS R&M EstM,, Appraisal Sabo» by Sr+dtonl Twsladogrs 000) 022-0727 48. 9 04 1 s c v --*e \-v Vs&ISid ,lc GENERAL INSTRUCTIONS The landlord is required to register separately each rental dwelling unit, whether occupied or vacant. A dwelling unit is a room or a group of rooms for which a single rent is paid. Complete this Re�tstration Statement in triplicate, remove carbons, and mail or bring the three copses to the Area Rent Office. Use 'beets, in triplicate, for sections -D.' & "E" if necessary. e dwelling unit was not rented at any time during the period between ber 1, 1940 and June I. 1942, an application to establish the Maxi- mum Legal Rent must be made on Form DD-I 12. UNITED STATES OF AMERICA OFFICE OF PRICE ADMINISTRATION k.S.' - Form DD 1-A, REGISTRATION OF RENTAL DWELLINGS LANDLORD'S (TYPE OR PRINT PLAINLY - DO NOT FOLD) COPY (Do Not Use This Form for Hotels and Rooming Houses) SECTION A. MAILING ADDRESS_ OF DLO Name of I Andlord(_ 1, � : t _ i L Cam, Name of Agent Address Mail to: gtrb. (3.4„ E' �z�M Idreia_! .ty and States t LCl- ti t.' 4_ N9 lJ rrl rt l ) f IDENTIFICATION. 1 I/ 0 G fr_ f- .( i Address of this rental dwelling unit r 2. I tL d MYY -L`i. .+ Lit l CAL_ Apartment number or location 3. Number of Rooms in this dwelling unit 4. Total Number of dwelling units in this structure SECTION B. MAILING ADDRESS OF TENANT SECTION C. MAXIMUMa.,EgiAL RENT Read carefully and fill in every item which applies to this dwelliritg unit 1. Rent on January 1, 1941- $ 5 • CT %_) per week (x) per month ( ) 2. Not rented on January 1, 1941, but rented at any time between November 1, 1940 and December 31, 1940 Date last rented during that two -month period: 1940. Rent on that date- $ per week ( ) per month ( ) 3. - Not rented at any time between November 1. 1940 and January 1, 1941, but rented before June 1, 1942. Check one box: ( ) (a) Owner occupied or vacant between November 1, 1940 and January 1, 1941. ( ) (b) Newly constructed without priority rating. ) (c) Newly constructed with priority rating. (If checked, item 6 must also be filled in.) to first rented after January 1, 1941 • , 194 rent on that date: $ per week ( ) per month ( ) 4. Dwelling unit made available by a change in the structure which resulted in an increase or decrease in the number of dwelling units and first rented after January 1, 1941, but before June I, 1942. Date first rented after such change• 194 Renton that date- $ per week ( ) per month ( ) 5. Substantially changed after January 1, 1941, but before June 1, 1942. Check one box: ( ) (a) From unfurnished to fully furnished. ( ) (b) From fully furnished to unfurnished. ( ) (c) By a MAJOR CAPITAL IMPROVEMENT as distinguished from ordinary repair, replace- ment and maintenance. S - Date first rented after such change: 194__. Rent on that date- $ pe week ( ) per month ( ) 6. Dwelling unit newly constructed with a pro ty rating from the United States or any agency thereof_ Rent appror it by agency granting priority: -.$ per wt ( ) per month ( ) 7. THE MAXIMUM LEGAL ANT FOR THIS DWELLING UNIT IS: $ per week ( ) per month ( ) Enter Maximum Legal Rent in accordance with the following instructions: (a) If only one of the above Items applies to this dwelling unit the Maximum Legal Rent is the rent entered for that Item. (6) If more than one of the above Items apply to this dwelling unit the Maximum Legal Rent is the rent reported for the most recent date-, except io the case of Item 6. (c) If Item 6 applies to this dwelling unit the Maximum Legal Rent is the lower of the two rents entered in Item 3 and Item 6. * Note: If any one of the Items 3(b), 4 or 5 applies to this dwelling unit you must also fill in the information required in Section "E'_ The Administrator may at any time order a decrease in the Maximum Legal Rent determined under Items 3(a), 3(h), 4, or 5, ou the grounds that the rent is higher than the rent generally prevailing for comparable housing accommodations on January 1, 1941. SECTI i D. EQUI • ENT AND SERVICES INCLUDED IN THE RENT ON JANUARY 1, 1941 (If any one of the items 2 to 5 of Section C apply to this dwelling unit check Equipment and Services included in the rent on the moat recent date you entered in Section C. I. EQUIPMENT Yea No Furniture (X)~ Running Water (x) ( ) 11ot Water (A) (__ ) Flush Toilet (() ( ) Bathroom ( ) ( ) Central Heating ( ) ( ) Heating Stove ( ) ( ) Mech. Refrigerator ( ) ( ) Electricity Installed ( ) ( ) Cooking Stove ( ) ( ) If any equipment is shared, explain below: - 2. SERVICES Yes No Garage ( )� l ) Heat or Heating Fuel ( ) ( ) Cooking Fuel ( ) Cold Water ( ) Hot Water ( ) Light ( Ice or Refrigeration ( ) Janitor Service Garbage Disposal ( ) Painting tr Decorating ( Interior Repairs ( ) Exterior Repairs List any other services: Section E - See Note Section C. 7 * If Item 3(b). 4 or 5 of Section C was filled in, set forth in specific detail the type and cost of: (a) New construction (c) A change from unfurnished to fully furnished (b) A change in the number of dwelling units (d) A major capital improvement 49. Are all equipment and services indicated abov now included in the rent? Yes ( ) No ( ) WARNING The rent or this dwelling unit on and after can be no more than the Maximum Legal R Section C, Item 7. A false statement on this form or an evasion evasion of the Maximum Rent Regulation may to a $5,000 fine or imprisonment for one year. I HEREBY REPRESENT that all statements and entries given hereon are true and correct. MOM C �. GENERA NSTRUCTIONS The landlord is required to register separately each renlgl; dwelling unit, whether occupied or vacant A dwelling unit is room or a group of rooms for which a single rent is paid. Complet>s this Registration Statement in triplicate, remove carbons, and mail or bring the three copies to the Area Rent Office. Use ;beets. in triplicate. for sections "D" 8g" E" if necessary. to dwelling unit was not rented at any time during the period between rber I, 1940 and June I. 1942, an application to establish the Maxi- mum Legal Rent must be made on Fo w.,oli..,,, SECTION A. MAILING ADDRESS OF LANDLORD UNITED STATES Or AMERICA, Form n>} OFFICE OF PRICE 'A MINISTRATION =' REGISTRATION $ OF RE AL DW LLINGS (TYPE OR PRINT PLAINLY - DO NOT FOLD) COPY (Do Not Use This Form for Hotels and Rooming Houses) Name of Landlor � } t y V t' Name of Agent Address Mail to: LANDLORD'S IDENTIFICATION 1. `i j � 444DDDD ltv.� Dom. a`t Is •�-y* "3_58 { y L Ad esa of ti. rental dwefling unit 2. Apartment number or location 3. Number of Rooms in this dwelling unit 4. Total Number of dwelling units in this stru ture SECTION B. MAILING ADDRESS OF TENANT SECTION C. MAX UM LEGAL RENT Read carefully and fill in every item which applies to this dwelling unit. 1. Rent on January i, 1941: $ per week ( ) per month ( ) 2. Not rented on January 1. 1941, but rented at any time between November 1, 1940 and December 31. 1940 Date last ren during that two -month period: 1940 ti Rent on te: $ per week lr) per month ( ) 3. Not at any time between November 1, 1940 and January 1, 1941, but rented before June 1. 1942. C e box: ( : (a) Owner occupied or vacant between November 1. 1940 and January 1, 1941. (4 (b) Newly constructed without priority rating. ' ) (c) Newly constructed with priority rating. of checked. item 6 must also be filled in.) re first rented after January), 1941- 4,-; 194 Went on that date $ . 3- V' per week ( ) per month 4. Dwelling unit made available by a change in the structure which resulted in an increase or`decrease in the number of dwelling units and first rented after January I, 1941. but before June 1, 1942. Date first rented after such change• 194_. Rent on that date: Is - per week ( ) per month ( ) 5. Substantially4 fanged after January 1. 1941, but before June 1, 1942. Check one box: ( ) (a)":"From unfurnished to fully furnished. ( ) (b) From fully furnished to unfurnished. ( ) (c) By a MAJOR CAPITAL IMIjROVEMI .NT as distinguished from ordinary repair, replace- meet and maintenance. e- Date first rented after such change- - 194�_, Rent on that date. $ per week ( ) per month ( ) 1 / 6. Dwelling unit newly constructed with a priority rating from the United States or any agency thereof. Rent approved by agency granting priority $ per week ( ) per month ( ) 7. THE -MAXIMUM LEGAL FOR THIS DWELLING UNIT I"S�• $ per week ( ) per montk' Enter Maximum Legal Rent in accordance with the following instructions: (a) If -only one of the above l tams applies to this dwelling unit the Maximum Legal Rent is the rent entered for that Item. (b) If more than one of the above Items apply to this dwelling unit the Maximum Legal Rent is the rent reported for the most recent date; except in the case of Item 6. (e) 1f Item 6 applies to this dwelling unit the Maximum Legal Rent is the lower of the two rents entered hi Item 3 and Item 6. * Note: If any one of the Items 3(b), 4 or 5 applies to this dwelling unit you must also fill in the information required in Section "E". The Administrator may at any time order a decrease in the Maximum Legal Rent determined under Items 3(a), 3(b), 4. or 5. on the grounds that the rent is higher than the rent generally prevailing for comparable housing accommodations on January 1. 1941. SECTIO' D. EQUIPMENT AND SERVICES' INCLUDED IN THE RENT ON _ (If any of Ibe r 2 to 5 of Section, ap ..n;.: . unit of tared in la C 1. EQUIPMENT Yes No Furniture Running Water Hot Water Flush Toilet Bathroom Central Heating 9C1 ( ) 0() () ( ) ( ()() ( ) (•) ( ) ( ) ( ) Heating Stove ( ) ( ) Mech. Refrigerator ( ) ( ) ElectneityInstalled (i/) ( ) Cooking Stove (V) ( ) If any equipment is shared. explain below: 2. SERVICES Yes No Garage (r-)^ I Ieat or Heating Fuel ( ) ) Cooking Fuel ( x ( ) Cold Water ('Q ( ) Hot Water (.) ( ) Light (I() ( ); Ice or Refrigeration ( ) ( ) Janitor Service ( ) ( ) Garbage Disposal ( ) ( ) Painting&Decorating (j) ( ) Interior Repairs (/) ( ) Exterior Repairs +� (x) ( ) List any other services: Sectionl - See Note Section C. 7 * If Item 3(b), 4 or 5 of Section C was filled in, set forth in specific detail the type and cost of: (a) New construction (c) A change from unfurnished to fully furnished (b) A change in the number of dwelling units r, (d) A major capital improvement 6 ea 1 50. Are all equipment and services indicated above now included in the rent? Yes (() No ( ) WARNING The rent or this dwelling unit on and after can be no more than the Maximum Legal Re Section C. Item 7. A false statement on this form or an evasion or evasion of the Maximum Rent Regulation may subject you to a $5,000 fine or imprisonment for one year. I HEREBY REPRESENT that all statements and entries given hereon are true and correct. „.,COUN_ ASSESSOR IEC ).CALIFORNIA RESIDENTIAL BUILDING REC""7 SHEET JOFG•SHEET$ PARCEL s��' ()AO s 1 33-•SS) —I I? �yo Err+ AOORESS +J R I , ( 11PE-E-T~ V MV Y.,•• • •r• CONSTRUCTION STRUCTURAL EXTERIOR ROOF .LIGHTING AIR CONDITION ROOM AND FINISH DETAIL CLASS a SNAP PNeh Heati • Coolin• FLOORS FLOOR FINISH INTERIOR FINISH LI•ht Frame is e•)! ROOMS TRIM Ceilin• 1) • J ••+• G- D Sub-Stohde, ” x ' - III Goble 4-� Conduit Forced C/ean.'q 8 l 2 Material Geode Nolte s ARCHITECTURE Standard Sheathing B.X. Coble Gravity Humid. All X 4 5 -T Above•Slandord Concrete Block. Shed luilli Fixtures Wall Unit 1 Stories S•ecio/ a aB. r46. Cut Up Few Ent Hall TYPE• Brick Shin•le Dormers ranMed. F/001Unit Liven• Use DeSi n FOUNDATION Adobe Shoke Fait, i = � 3 ccio/ ZoneUnit Din; • X le •X - B b B. Y b. 6. Gutters Central Sin. Double PLUMBING Bed 0 Brick 2, a = Brick Shingle '� ��lY'.�eWM= - Bed •lec Wood Sub -Floor Stone Stroke Oil Burner A•or{men,' Flat blEffillireffEDIEM WINDOWS Tile 13=110101 -Court Mole/ Att Comment Tile Trim Laundry M-B.T. ll las:doledCollin,: WaterHti-Aata. Firt•Ioce Kitchen I Units Light Heov /nsu/oted Woll., Water -Softner Drain Bd. Material: Leh o Lgth: Ft Slash+ EFFEC. YEAR APPR. YEAR NORMAL % GOOD RATING (E,G,A,F,P) BATN DETAIL CONSTRUCTION RECORD A4e mlatn9 Teb/t % Arch. Con- Fl ISH S S finish Permit For Aoroun,' Dote Cond. pje^' m Cupb'dCbset> 1h•.Fl. No. Floors Wolls We. to.rubFIX • Grade St. Q as No. EiM '� IMAM 2- .20 6 A -I- Il \ I V OGD : ie . , Tar IMMIIIMINIMIIIMIIIIIIIIMi --- AP t 1111111111111111•111111111111c SPECIAL FEATURES Book Cases Gur/f in Qefr:4. Venetian Blinds 4.11111.111111111111111101111.. 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" / I...NUISMOMMlUMWMMMUMOMw ��]i rMEM t UMM MUM t HUM! il■ ■MammammMr r■N■ ■M■ ■ MMN■.MO■lMwNM MMMM■■.. Mrr!■MMMN■UM■■ EOM MN -NNM..M..UU.■MMU •_..■Mww arII.■,,�MMQwr•.w 1 ism U N.R.U..NMU■*Nrl.Mwlr•NMM U MMM,.NMN..N w + � ..MU.MMMM. ■ N.NUM.N..M U■M■M•..NM■UMM■ ■■MMl•■ MM�{ rwMMM■.MMM ■■■ MMMM■• MMM MOM■..MM. ■M MM.N■..M■■■NNIIMMI ■■rM FM MNM■MORI/■M■M MUMS/.}M■MMMMM■MMMMMMM MMM MO MEMMMMNMMaaa:UMMMIUUMM MUMilrliira�UIMMMMMI wMMwM ■■MISS NaM■■ ■.r.UUM■r■1MI■ ■ ■■ [ MM M.. MUM M. B M SE _ M. . 1.... . /G7 •, IPtIQ. I4. 7GVV`7 Jr 11 vv. vn 4J .1 Structure ound Cons. Ext. Roof Floor ill. Size; etc. COMPUTATIONS J".za -H (4i/6 �r �l0 . /z -r i -r -, • 1- -r -f -1- 'i Remorks: ()?e,,.2" Uh 'Fi,1t2.N, �G, Re ' Gs-(SRf PL �a/4/• 64 !/ f.'L.,U• 7 /G76r Maybeyou can't pack a rifle or pilot a plane, but you can. have a part a VITAL part in th'e battle to save our boys who give their blood on the battlefield.- Yes;: make a date at your Blood Bank and share in the glory.; of America's;; . VICTORY 53. ellauccev, "tad! Meet tie « Qa„ at National edit &tyre Ne. 8 Leh Shown inside the South Bay Store of National City ore the Whiting -Mead old-timers who will toff the store. Left to right they are Marce Jouregui, Sue Grau ,Ohn Gurdner�nd Marguerite Gardner.' South Bay Ripples By JOHN GARDNER Store No. 8, located at National City, was opened officially for business on Monday, July 9, which was within just a few. days of the first anniversary of the Whiting -Mead Co of San Diego achieving 100% local ownership. The attractive modern building is located on the corner of Ninth and A Avenue. It has six large display windows, and its white stucco walls and blue trim make the building one of the most attractive stores in NationalCity. The in- terior colors of soft green and white on the showcases and walls have been greatly admired by those who have seen them. John Gardner is in charge, and he is assisted by Mrs. Mar- guerite- Gardner, Mrs. Sue Cray, and Marce Jauregui. The people of National City South Bay Area (and some even from as faraway as San Diego) gave us a very cordial welcome;' and the general expression was "We are so glad that you knave opened a -store in our community. 'It is certainly going to fill a long felt need." Many good wishes were conveyed by the beautiful, flowers rich were received front El Rey Products Co., Percy H,=Good " win Co 1= W James and Sohn,, National- Barber Shop; Severity. Home and Auto Supplies, Everts and: Esenoff Postmaster. ; Thomas Cosby,. Thatcher: and King, .Dawson "Funeral" ".Home; Bechtol. Electric Co National City News, and the Sweetwater Florists These flowers were greatly appreciated for theirbeaul ty and attractiveness% as: well as forthe expression of" well wishes and c-000eration which they conveyed We a€ Stcs No 8 express' our heartfelt_. thanks to the' members` of the-Whitinjz Mead •.Family at 14th _& K for; therr,y splendid"; help and cooperation =Arthur Zinn, who installed our splendid electrical :fixture'` display_ Cart - Jonsson and Harley .Nei!,foe their',advice and assistance in the arrange." ment"and, stocking of the Paint Department. Henry Stahl. heber for getting the merchandise and store fixtures down to Page 13 55. SOME SUGGESTIONS FROM THE BRANCH STORES ALONG THESE LINES WOULD BE APPRECIATED: 1. Methods for keeping stock on hand of available mer- chandise. 2. Method for keeping oldest paint stock on front of shelving. 3. Method for keeping sales organization posted on sell- ing features (in all departments/ of new merchandise and reg- ular stock. "Sidelights from Fourteenth & K Store" By BERTHA ZINN Marce Jauregui and Sue Gray have been transferred to the new National City Store. We miss you folks very much. ✓ v v Marguerite Gardner is back on the job again, but at Store No. 8. She made a hurried trip to l4th & K Store a day or two before the official opening to select some stock they needed down there, and she certainly does know our plumb- ing stock as well as any of us down here. ✓ v v On June 23, Virginia Campbell not only had a happy birth- day, but she and Gage Campbell celebrated their 19th wed- ding anniversary. Congratulations to both of you, even if we are a little late. ✓ v v Cigars were passed out by Pedro Tellez who became the father of another fine son, Rubin, born at home on June 28. Mr. and Mrs. Tellez are the proud parents of eleven children. Four of them are married, two are in the Service, and five youngsters are at home_ Both mother and son are doing well. Congratulations to these fine folks. ✓ v v On Saturday afternoon, June 30, a number of the people from 14th & K gave a lift at Store No. 8 to help get the stock in shape for the grand opening. Arthur Zinn and Harley Neil both spent several days in National City, and helped them a great deal, we understand. 56. avr, n-1 I➢t 0-14 1, 0ltapi tl l3IAT DEED Alfred iiewken t+nd M9he1 J. Hawken._hn band and wife.ae. Joint Terante For and in consideration of T� and no11u0 ............................... Do hereby grant to DOLARS;: rdward J. Haw'en and Jireina M. Hawken husband bnd wife ee Joint Tenants All that Real Property sit*rated in the City of Vat tong". City... County of San Di St..te of California, bounded .and described as follows: WITNESS Tha Southerly 47 feet of the Northerly 187 feet of the ":astorly 130 feet of the Weeterly 490.33 feet of the Westerly Half of the northerly Half of 20 .sere Lot ?, in ^carter Section 133 of Rancho de la Naoion, in the City of National City, County of San Diego, State of aiziforr fa, a,.cording to the Map thereof No. 166 file in t;?e office 3f the Recorder of said San Diego County, 11, :)C. our hand F this Signed and executed in presence of 7th atuaattrtrtn nta - 57. February stwomAkOmi 6uarnntrrit frrtifttW nf iti In &urn of 14,500j,00 To Wi of Ni of 20_ acre_Lot_14 Auarter Section 1334 Rancho de la liadions wik 66231 pix\azario ei/M..12._ sley2452ae.A. '00 • ort Mrs. Mattie Gardner Hostess at Luncheon Mrs. Mattie Gardner, assisted by her daughter-in-law, Mrs. Will Gardner, entertained with a 1 o'clock luncheon Wednesday. Cov- ers were laid for Miss Dorothy Ivlosely- of Arkansas, who was the guest of honor, Mrs. A. A. Crane and Miss Dorothy Crane of Calex1- co;Mrs, Henry Seobey, Miss Agnes Scobey, • Mrs. John Gardner, Miss Virginia and Master Jack Gardner, Mrs, Will Gardner and Mrs. Mattie Gardner. On - Wednesday evening Mrs., Gardner was hostess at an informal dinner party, the following guests being invited:• Miss Dorothy Mose-. A. A. Crane and daugh- ter Dorothy, Mr. and Mrs. John Gardner and children and Mr. and Mrs. :Will Gardner. kz/ 1-Victims :lett) 1NGTO1\T SoUth ?,(fwners, non-prof-f, zations and flood damage mayt ✓ federal help: Lione I V an D7S-an i go)in- t-itar-News rester • .0ouraty h-ad dosastiter arta, thus!: Small =1111$1rttl$1,-:L-.A.:441. ion disaater finds in of pa-opert*. DriERLIN $ad 0114 be available at 3 `ro' for up tO3O yeart—on ital. the renalof-; Sari Diejo SIIA reetOr :II by, who sought 'the; d for -the Will akt vcaiteige to 111.1 Vn-eta COneernX, 'the rships and • gron $ such aia 5 O r (+14 rtbk Ira aid reguter SBA loans" Rita -hie only in bu Far DutsTcinding—Seivice n Set for On Nc The Chola Cummisiiion Tararitexon - avenac tion of Thir horth end (4 tneraiiai IC- , vith archite, 14) _.-erties on e -, to a depth 0 The prop ,except for - yc tt oorna !the interAE4 xteinsiOn Two ofiit plus city -- -,, vbich IiAre R EC 1.4.0- CERTIFICATES of 104tri+ from iv S'cllool J. awl,icm i rd ....." . * 0" iiais 1.4.tx, f , D. parby woo. i or out- •if ) They 044 peesemi Miyoe' pick . .. stereiirtg--ser-ii'e.-- . in Givil drtionse education .. Seefereax before ,CifY COVIKIL H.i ar• gafito144 City F i r • litspectoc Lest. teught CD courses Filree years. Hsu fr....4•4_ encl__S_efetetweter jf_n_ ----- ---_-7—:------- - • -- - - ---- - -- — - - — - 60. --''-- — .... _ ebrua t 18, 1972 FLT- Err ctieV- fetA.i.; . what can you say? The Sweeettm water basketball team ly won one game, the varsity wri.ng teaseemed to a off year despite some good in dividual performances, soccer team missed the playoffs by only the closest of Bat there have been some bright spo ts. Junior Varsity and sophomore baskoetts1;a11 teams have d their share of thri.11s with the JV s g 6-8 record g fourth in the Metro standings. Ledby. a junior Dave 7oach Gary Zarecky's cagers have averaged 56 points me with some outstanding individual- performances through. twise, Sapp is pumping in 1 per game and along with Nelson, shares the title as high point man. Albert da is averaging 15 points per game. important thing to remember is that these players will ing against the same opposition next year and they reaUY got blown out this year. For example, they lost rtime 46-44 to Marian and lost in double overtime to Park. the Junior Varsity struggled for the top, Coach Jerry sophomores compiled a 15-2 record good for second L "•- metro League, with their two losses coming at the sir sophomore counterparts frod the island of lt copped the league crown. • seem to be some stars of the future- on the team. • the players showing-inuch potential are_Fandy ...Trueblood. Yap, Tommy Monzon, and Vincent 1?•lancet.:'- TWO "real hat have emerged from the. team, are Jason Dunn and ogan. Jason wws sort of the team leader,coming through a important baskets, rebound's. anti stolen balls whehthe- eeded them.; Hugh provided tife' height and rebounding for: Coach Hombs. flugh was rrnlved up to the JV for a of the season:. and Jatil.bitYarsiti(06aehi Gary ZarecIty e has fantastic' potential if his.Progreasr continues. It like the sophomore elass- has some" fine athletes and improve our basketball program imniensely MAKES WAY FOR SPRING SPORTS whileas the winter sports schedule approaches its ion, the focus of attention is shifted to the upcoming ports. There are three sports in particular which didn't Nil Schaal; 1914 basketball champs: Those. the the attention they deserved last year, namely the 777 thedays! the c. rimming. and tennis teams. Su -Hi News L. La Red Park with Devil T1 the ' late a qui. their Th Peckt and 1 the D zon v Murpt 61. Th the S• night left t back Th start the fi Devil span awaythe g ,.( .1'orty led tt t point: who doubt zon 4_41.1allia211101111M "NM= t......: (,) ) kvi '-, . . s,.. „ f . . , . • , • ..,...„ , ._./ hit-Vx2.; ti it (1) 1D\i V7t4e) N Vow the /ato,Ae, J lash is o'er; flow the haul: clay is pail; /ow /upon the larder Shore .Lands the vorfayer at last. 7alher, in thy yracioue heepiny, .Ceave me now thy servant Bleeping. "&girthto earth and Lit to o " L-iml/®y now the words/we ,ay,c//fae/t behinds we wait in tru3t cJar, the resurrection day. 77 . ather, in thy gracious heepipn$, .[Leave me now; thr� servant iCeepins JOHN ELLERTON IN MEMORY of JOHN WHEELER GARDNER, SR. October 3, 1895 June 25, 1982 63. SERVICES Humphrey Mortuary Chapel June 30, 1982 10:00 a.m. AUSPICES OF Southwest Lodge 283 F.& A. M. OFFICIATING Reverend Hugh Reiner ORGANIST Carolyn Reopelle. SOLOIST ,--, Steve Save INTERMENT Glen Abbey Memorial .Park RECEIVE HARBISON TROPHY Hawkens Win Home Beauty Contest Winners of the Ira Harbison •ram by r: a recent home trn- osement and beautification - ,•hest sponsored by the Na- sl C;ty Garden Club and K'war.is Club were fir. d Mrs- Edward Hawker; of F. 16th St-, National City- sweepstakea trophy was en ;in. niemork o1_` T u -8 e I-tarbisen '`or his service the cprnmunity in horticul -'- rat work. THE. WINNERS names will engrgved on the trophy, t AS a perpetual award iii trophy 'case at the Civic' ter. Mayor Rile Morgan,_; week presented a replica the trQPhY to the €-weep- kes winners. Iorgan:said,'Zrr\etJudge l is rblson when I came to this c=tY as a -YES mnao. He it - one of the moat, oUtstanding r,t aehe fl'ria to*h has ewer had I agent to him. as I'm other men did, for advice on probtemL. And he gave me good advice, Judge Harbison was a btt influexree for good.," Mrs. Rerblsact, the judge's *Mow, pr Sent at the rneeting, wept AS Ylle moving tribute to htishfx O ,; TR.OI'HY award . inntra Were Mr. and Mrs. Al- ,- fre,i $toerrveli., is 0 Aoe., y l tl pert. 715 Stconii EDW ARD °RA\ St,: Mr. .1sd Mrs, J. W_ Tut- ftapiw ;leg, 704E Send St, and - r. and Mrs. Agri Al; -new. EN PARA(iISE L Aver Tit NatipPal City Pet'arils *ere preset' {g Mrs. Elam Tlale,3 itr3$-ate 3+irtt.t J i €1 84�li la Ave : qqM� �r neon, , 7320 L A aLif ., John o v-ej {sos TRO tPHY MAYOR: impf0vemen# cer+l11d-6y t#a it err WIA TAO Th• a.r••twit t -� � i..,i. L "rtak t nl I water Iv.Dtot t r 141-41 _ L 1t tfa3oair n� th4ai;-'vaster. wettest aPs Iytpaleat r .r 64. Owlet d; i,laa ts:l ]Malatt eee a: - MAXIMUM CAPACITY MINN 200 DANCE 222 ASSEMStY 327 9,6---sa- 6 C X)cAlNipv- 1\-uoic(2 \Le=-/ T-0e� I�(� � ✓� �i o2 �'IbJ�UN t�' � laic 65. stay '- many of his took it easy f them." he ground right .rk at age 80 y- • -e you 1 e it easy and that old age is me," he said. eel that way:" ,ins .due ograms are slated Vista Library. All rn•, the On the Road iSe viewers to the 'The Problem with ry willpresent a ,e deaf and hearing ley classic "Peter tlp.m• feature film .is the at hi ShooC the Nicol ' as if for? P,rn- ;rs board vision of the California Assn. will havean meeting at 9:30 a.m. .004 at 240 Woodlawn, being held a week early it Grace Agard will at- ncil meeting in Ventura apter topa ic m on s for Gamma Alpha Zeta Sigma Phi. The grouP will Tuesday at Lee Patterson's rer Ave., Chula Vista. ill plan a service project to en with cystic fibrosis who :came. Morning classes are y_JO • " " a.m. and classesafternoon E12: you to 2:30 p.m. They and Recreation Center Tuesday Thursday and at Kimball Recreation Center Wednesday and Friday. Fee for the nine -month semester is es, . begin this. hors to meet rk Seniors will meet for p.m. Wednesday at the Chula s Building, 11603rd Ave. arr i follow the meeting, yr 0 nd Anna Edman ill ,hmeuw. !3tar•I4ttos preschoolers, uano„ for ages 3to5. Baton meets Saturday at El Toynn Recreation Center moms 1. to noon. Tap dancing Monday Dr. Collins on board Dr. James R. Collins, a Vista, radiologist elected ula Vista, to a new two-year term on the board Cafhe ncer American Diego Society, San County unit. He is the board's vice president in charge of programs. He also will represent the county- on the society's California Division Board of Directors. Dwight Gove of Chula Vista was elected chairman of the ancer Society's Chula Vista branch. NEW KIWANI GETS A KISS Vir•i. ndEdHawken and Gene-VV ita-- Sier-Nows pho, Hawken to lead NC Kiwanis Cl Incoming president Ed Hawken has Club a Club President's Conference Day for sday ring the noon luncheon meet National City ornmunity Building. Kiwams ••"' Hawken will outline some of the goals and ob- jectives he has in mind for the coming Kiwanis year, and, committee chairmen- will report on project plans andactivities. Hawken was installed as president of the club by Gene DeWitt of Southeast K orICl bs the 54th and the new District 11 lieutenant govern. annual installation. Hawken were;: Dave Officers installed with Sheldon and Del Redding, first and second vice president, respectively; Roy Selby, treasurer; George James, installed for his sib ed a as past treasurer; and Bob -Knight president. Directors installed were Dick Lee,Tom McCabe, Bob GeYer and Bob Perdue, h D1' direk tors;, and Bob Cruzan, Fred Hlawatsc, utson and Bruce Love for one-year terms. David and Vicki soma Eton. Court, Caine Vh 11 Sr.''il National City Mrs. irca residents have a hitehead. enlisted in the Marines under its delayed entry program- They are Gloria Gomez, daughter of Gstcr Renteria, Cesar Loeza Jr., son of Salvador Locza: Antonio Martinez; Roger Sanchez, son of Mr. and Mrs. Pantalio Sanchez; Marco va, son of Mr. and Mrs. Jose menu im Silva; and Charles Walker, son of Mr- and Senior M Two Nal have fini^ recruit tc, Diego. Aquilino of Be Es peranz. John F. Maria KO South with ne• Patoka reunion j Former crew members of USS Patoka, AO-9, are Organizing a reunion of shipmates. Anyone who served aboard the ship from 1939 to 1995 and helped put it back into commis attend. For person "Steve retire( mate c \20 to 25 .ardo and Ana LII ionel . 66- r, 1eL ,d„ plc+tt>d fyin ,,.,d4 t0i4 fuMf6 5iC:14. . custom draperies Modern? Traditional? Early American? Whatever JCPenney has beautiful custom draperies to suit yot your budget. Choose from a select assortment of weaves, sheers and more. Call today, get in on the CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 13 EM TITLE: Resolution of the City Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for 940 East 16th Street (Applicant: Janice Martinelli) (Case File 2010-28 M) PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: DEPARTMENT: Developme vcs/Planning. APPROVED BY. This is a companion item to Case File 2010-28 HL, which requested this property be added to the City's Historic Properties List. The property owner of 940 East 16th Street (the Judge Frederick Hertel-Hawken House) is requesting a Mills Act contract. The Hertel-Hawken House is a two-story classic Craftsman home located on a 0.3-acre lot. The property is within the RM-1-PD (Multi -Family Residential -Planned Development) zone and an active redevelopment project area. Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for a commitment to maintain and/or restore a historic structure. This property is eligible since it is on the City Historic Properties List. The property has received $80,000 worth of restoration work since 2005 and the owner proposes to maintain the structure as required by the contract. The Mills Act contract is valid for 10 years and automatically extends for one year on the anniversary date. The City may cancel the contract if breached or opt not to renew it if proper notice is provided. There are currently twelve properties in the City in the Mills Act Program. According to the San Diego County Assessor, there will be an approximate tax reduction of 34%, or $1,155 annually. As the property is within a redevelopment area, the $1,155 would be entirely tax increment money and an annual loss to the City's Redevelopment Agency. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The action will result in a reduction in annual Redevelopment property tax revenue of approximately $1,155 ENVIRONMENTAL REVIEW: Not subject to CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A, ATTACHMENTS: Location Map 4. Site Photos Mills Act Contract 5. List of current Mills Act properties 3. Application 6. Resolution RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 940 EAST 16TH STREET APPLICANT: JANICE MARTINELLI CASE FILE NO. 2010-28 M BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 940 East 16th Street. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney \� 1604 1622 Subject Parcel 160Street Eas 1625 1621 / 1104 1ip5 1110 1105 1 1 1 0 50 100 15 I Feet 200 APN: 561-060-37 Planning Commission Location Map 2010-28 M 1 09. 22. 1 0 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 563-150-27 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 940 East 16th Street THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Edward and Marilyn Zubov ("OWNERS"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owners possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 561-060-47, and located at the street address 940 East 16th Street, National City, California, (the "Historic Site"). A legal description of the Historic Site is attached hereto as "Exhibit A", and incorporated herein by this reference. WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owners, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). 2 AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owners agree as follows: 1. Compliance with Council Resolution. Owners shall comply with City Council Resolution No. 2010-xx incorporated herein by this reference. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall remain eligible for listing in the "List of identified Historic Sites in National City." Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a Owners shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of California State Parks, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owners (Attachment A). b. Owners shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. Owners shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owners compliance with the Contract. 2 Mills Act Contract 2010-28 M 3 d Owners shall allow visibility of the exterior of the structure from the public right-of-way. Owners shall not block the view to the exterior of structure with any new structure, such as as walls, fences, or shrubbery. e_ Should Owners apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owners shalt attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee City's historic resources prior to the issuance of such permit. City will endeavor to schedule such hearing within three (3) weeks after owners submit such application to City. f. Notwithstanding the foregoing subparagraph 2.e, should Owners apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owners shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owners hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owners have breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property_ In addition, City may cancel this Contract if it determines that Owners have failed .to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site_ In the event of cancellation, Owners shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owners, City will give written notice to Owners by registered or certified mail of the default, and provide if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owners, then City may, without further notice, declare a default under the terms of this Contract and may pursue any remedy available under local, state or federal law. City does not waive any claim of default by Owners if City does not enforce or cancel this Contract. No waiver by City of any breach or default under this Contract shall be 3 Mills Act Contract 2010-28 M 4 deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owners hereby subject the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owners hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owners' successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument City and Owners hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owners legal interest in the Historic Site is rendered less valuable thereby. City and Owners hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owners. Processing Fee. Owners shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on October 5, 2010, and shall remain in effect for a term of ten (10) years thereafter. 10. Automatic Renewal and Notice of Non -Renewal. a_ Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. b. Non -renewal. If either Owners or City desires, in any year, not to renew this Contract, Owners or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owners to City, in writing to the City Council, at least ninety (90) days prior to the annual renewal date, or served by City to Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein_ If either City or Owners serve notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or 4 Mills Act Contract 2010-28 M 5 from the last renewal of the Contract, whichever may apply. Protest. Upon receipt by Owners of a notice of non -renewal from City, Owners may make a written protest of the notice to the City Council. Any protest must be received by the City no later that 15 days from the date of the notice of non -renewal. ii. Withdrawal of non -renewal. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non - renewal. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party_ To City: City of National City Development Services Director 1243 National City Boulevard National City, CA 91950-4301 To Owners: Edward and Marilyn Zubov c/o: Janice Martinelli 940 East 16th Street National City, CA 91950 12_ Indemnity and Hold Harmless of City. Owners shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or administrative action of any federal, state, or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Site by Owners or any contractor, subcontractor, agent, lessee, licensee, invitee, or any other person; (ii) Owners' activities in connection with the Historic Site; and (iii) any restrictions on the use or development of the Historic Site, from application or enforcement of the National City Municipal Code or from enforcement of this Contract. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owners' obligation to indemnify shall survive the termination, cancellation, or expiration of this Contract and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents_ 13_ General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. 5 Mills Act Contract 2010-28 M 6 b. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever_ c_ in the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. d. This Contract shall not take effect unless and until Owners' signature is notarized by a notary public_ Furthermore, if an agent or representative of Owners signs this Contract on behalf of Owners, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owners' behalf. e. This Contract shall be construed and governed in accordance with the laws of the State of California. The venue for any action shall be in the County of San Diego, State of California. Owners or an agent of Owners shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 14_ Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 15_ Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. 6 Mills Act Contract 2010-28 M 7 CITY OF NATIONAL CITY Date: OWNERS OF RECORD Date: By: By. Ron Morrison, Mayor Q, (Nota d Signat Date: Attest: By: Michael R. Dalla, City Clerk Date: Approved as to form: By: Claudia G_ Silva, City Attorney Title: Date: "Y473 f / 0 (Notarized Sig riza f ure) Title: OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 7 Mills Act Contract 2010-28 M 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .:'Ne-i 7ir _cam On 9 --a3 - Za 1 Ci before me, Date personally appeared 7US3o\! MMCAEt_ P Yk L \ JCCD Here Insert Name and NM of the Officer ZvWs./ M YK) V10LN Namefs1 of Signer(s) es�����r���s��� MICAELA POLANCO COMM.it1697128 NOTARY PUBLIC-CALIFORNIA SAN DiEGO COUNTY My Cann. EX':r;e lid'_.2 010 Place Notary Seat Above L. 0 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature OPTIONAL Though the information below is not required by law, it may prove and could prevent fraudulent removal and reatfachmentrof this form to another document Description of Attached Document Title or Type of Document: M f LLB Document Date: `2. 10 Signer(s) Other Than Named Above: NO able to persons relying on the document PAC r COL\r t 1.-2-P\C i Number of Pages: O t t�r2_ SN Eta c12S Capacity(ies) Claimed by Signer(s) Signer's Name: SjWe'42-0 ZO \f Individual ❑ Corporate Officer - Title(s): Cl Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ri Guardian or Conservator ❑ Other: Signer Is Representing: 5E F RIGHTI OF UMBPRINT GNER Top of thumb here Signer's Name: MP-12-11—' '3 li3l._F3, individual L=: Corporate Officer —Title(s): ❑ Partner — LI Limited ❑ General l Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: L I� ©2007 Natrona) Notary Association- 9350 De Soto Ave -,PO. Box 2402-Chatsvrxih, CA 913t3-2402• www Nationar4rrLrryorg Item 115907 Reorder Cal Toil -Free 1-800-876-6827 9 3 C ry J ? 4 gglI2kW fl'- NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 FOR DEPARTMENT USE ONLY Case Number O—Z (VU Filing Fee $ 3' C Receipt No. Date Received 5 t 22(t 0 By fv7• - -[ - Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: Assessors Parcel Number(s): 1.;*) u SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities inay be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e_ A copy of a deed verifying property ownership f. Processing tee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INF MATION: Name: Address: CI RA- ' vatt c Phone: itO e (L/4 flC2 1) 9 z) Property owner's signatur Owl L/ Lokq L-p L gg Date:(( 6 9. 10 MILLS ACT REQUEST WORK PLAN for 940 EAST SIXTEENTH STREET NATIONAL CITY, CALIF 91950 My agreement is to keep the Judge Hertel/Hawken Home in excellent condition for my life time. I have already spent in excess of sixty thousand dollars to bring the interior of the home back to it's original superb condition. I have spent more than twenty thousand correcting the outside to match the original home that was built in 1910. The Tribune wrote in an article back in the late 1970's, "The Judge Hertel Craftsman home in National City is one of the finest representations of a classic Craftsman that we have in San Diego County." The home was sold to the Hawken family in 1917 and they kept it in the family as a ranch house home that grew citrus and also maintained a dairy on the property until the 1940's during the war. Kile Morgan remembered coming to the ranch and buying eggs and chickens in his younger days. As written in the attached book Mayor Morgan writes "I with my father George would buy our dinner chickens there." The Hertel/Hawken home was sold to Janice Martinelli over another offer that would tear down the home to build apartments in 2005. The yard, roof, plumbing, electrical, woodwork and the interior will be repaired or replaced as needed. 5-16-09 11 2010-28 CUP — 940 E. 16th St. — Mills Act — Site Photos Hertel-Hawken house looking south Hertel-Hawken house looking southwest 12 NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership M-2002-2 926 A Avenue Janice Martinelli M-2002-3 1941 Highland Avenue Celia, Josefina Hernandez M-2003-1 916 A Avenue Jeannette Salazar M-2003-2 928 A Avenue Jeannette Salazar M-2003-3 1433 E. 24th Street Jim Ladd M-2003-4 45 East Plaza Blvd. Janice Martinelli M-2003-5 907 A Avenue Louise Branch M-2005-1 906 A Avenue Janice Martinelli M-2006-1 910 A Avenue Janice Martinelli M-2006-2 934 A Avenue Janice Martinelli 2007-44 M 2824 L Avenue Sherri Steliga 13 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 14 EM TITLE: Resolution of the City Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for 2525 N Avenue (Applicant: International Community Foundation Center) (Case File 2010-09 M) PREPARED BY: MarReeder DEPARTMENT: Develo ent cs/Planning. PHONE: 336-4313 APPROVED BY- EXPLANATION: The property owner of 2525 N Avenue (the Walton House) is requesting a Mills Act contract. The Walton House is a two-story Princess Anne era Victorian home located on a 4.85-acre lot. The property is in the IP-PD (Private Institutional -Planned Development) zone as well as within an active redevelopment project area. Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for a commitment to maintain and/or restore a historic structure. This property is eligible since it is on the City Historic Properties List. The property received $50,000 worth of restoration work in 2005 and the owner proposes to maintain the structure as required by the contract. Pending work includes interpretive signage to highlight the historical significance of the property. The Mills Act contract is valid for 10 years and automatically extends for one year on the anniversary date. The City may cancel the contract if breached or opt not to renew it if proper notice is provided. There are currently twelve properties in the City in the Mills Act Program. According to the San Diego County Assessor, there will be an approximate tax reduction of 48%, or $3,817 annually. As the property is within a redevelopment area, the $3,817 would be entirely tax increment money and an annual loss to the City's Redevelopment Agency. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The action will result in a reduction in annual Redevelopment property tax revenue of approximately $3,817 ENVIRONMENTAL REVIEW: Not subject to CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A, ATTACHMENTS: Location Map 4. Site Photos Mills Act Contract 5. List of current Mills Act properties 3 Application 6. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 2525 N AVENUE APPLICANT: INTERNATIONAL COMMUNITY FOUNDATION CENTER CASE FILE NO. 2010-09 M BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 2525 N Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Subject Parcel Zone Boundary National City Golf Course 1 1 1 0 175 350 I Feet 700 APN: 563-150-27 Planning Commission Location Map 2010-09 M 06. 30.10 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 563-150-27 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 2525 N Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and International Community Foundation Center ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 563-150-27, and located at the street address 2525 N Avenue, National City, California, (the "Historic Site"). A legal description of the Historic Site is attached hereto as "Exhibit A", and incorporated herein by this reference. WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). 2 AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Resolution. Owner shall comply with City Council Resolution No. 2010-xx incorporated herein by this reference. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall remain eligible for listing in the "List of Identified Historic Sites in National City." Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of California State Parks, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. 2 Mills Act Contract 2010-09 M 3 Owner shall allow visibility of the exterior of the structure from the public right-of-way. Owner shall not block the view to the exterior of structure with any new structure, such as as walls, fences, or shrubbery. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee City's historic resources prior to the issuance of such permit. City will endeavor to schedule such hearing within three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract_ 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail of the default, and provide if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may pursue any remedy available under local, state or federal law_ City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. No waiver by City of any breach or default under this Contract shall be 3 Mills Act Contract 2010-09 M 4 deemed to be a waiver of any other subsequent breach thereof or default hereunder. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered Tess valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on October 5, 2010, and shall remain in effect for a term of ten (10) years thereafter. 10. Automatic Renewal and Notice of Non -Renewal. a. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. b. Non -renewal. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City, in writing to the City Council, at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal 4 Mills Act Contract 2010-09 M 5 of the Contract, whichever may apply. i. Protest. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice to the City Council. Any protest must be received by the City no later that 15 days from the date of the notice of non -renewal. ii. Withdrawal of non -renewal. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non - renewal. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of National City Development Services Director 1243 National City Boulevard National City, CA 91950-4301 To Owner(s): International Community Foundation Ctr. 2525 N Avenue National City, CA 91950 12. Indemnity and Hold Harmless of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or administrative action of any federal, state, or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Site by Owner or any contractor, subcontractor, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Site; and (iii) any restrictions on the use or development of the Historic Site, from application or enforcement of the National City Municipal Code or from enforcement of this Contract. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Contract and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 13. General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. 5 Mills Act Contract 2010-09 M 6 b. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. c. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. d. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. e. This Contract shall be construed and govemed in accordance with the laws of the State of California. The venue for any action shall be in the County of San Diego, State of California. f. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 14. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 15. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. Er2N4-7-N c' ' �\,^► - c1O'Nj CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: Date: - . 6-4\ 22_ Lo\(=> By: By: Ron Morrison, Mayor 6 (Nota Title: Sign to e �\ ft-c *>•C_F� .111`4' Mills Act Contract 2010-09 M rs.1t Date: Attest: By: Michael R. Della, City Clerk Date: Approved as to form: By: Claudia G_ Silva, City Attorney Date: By: v (Notarized Signature) Title: /1/ety �ct.�clr� OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Staled California caityd San, b' ��i,� On `rfi/zb/o befn&'me, =aH choi Notary Public, personally appeared lli'e 4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaraatPoscribed to the within instrument and admovaedged 10 me that helsheAhey executed the same in his/her/their authorized capaaty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 cettfy under PENALTY t7F PERJURY under the laws of the State o1 Caliomia that the foregoing paragraph Is true and correct WITNESS my hand and official seal. J GYU$N CHOI Commission # 1809780 Notary Public - California g San Diego County My Comm. Expires Aug 16, 2012 E 7 Mills Act Contract 2010-09 M 8 NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 FOR DEPARTMENT USE ONLY Case Number — 0 Filing Fee $ 'S ©O Receipt No. 2-t`136, Date Received Li tll 10 By Vkil < A C� ji✓7 Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: Assessors Parcel Number(s): a5a5 N PCve,nve 563 - 50— a7 SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: q Name: 1 Commu vzl Can Get^ { ter Phone: ((en) 1) 3 . - a a 50 Address: g 5a5 J five r-iue_ Property owner's signature: Date: ?)/ /10 9 2525 N Avenue, National City, CA 91950 a.) A general maintenance/restoration plan for the structure (any prior restoration activities may be included): The International Community Foundation acquired the Noyes House located at 2525 N Avenue in 2006. This Princess Anne era Victorian was gifted after undergoing repairs which included re -roofing in 2005. The cost of repairs in 2006 was estimated at $50,000. Annually the International Community Foundation has invested $20,000 to maintain the Noyes House. The International Community Foundation has made a commitment to on -going maintenance of the Noyes House and surrounding properties. It is also the intention of the foundation to invest in interpretative signage to highlight the historical significance of the property. b.) Description of the structure & land and its historic value: 2525 N Avenue sits on a 4.85 acre lot in National City, California which was originally part of Rancho La Nacion. The original owner of the property was Frank A. Kimball which formed what was known as Rancho la Nacion. Kimball subsequently sold the land to Alfred Huntington !sham in 1888. Isham lived at the site of the current Noyes House from 1887-1889. As there are no title records stating that the property was owned by !sham water records confirm that the lived at he lived at the location characterized as "A.H. Isham. South of J.S. Gordon. [sham was a colorful and controversial character in National City and San Diego local history. lsham's was known for establishing the Isham Water Company which marketed "Isham's California Water for Life." Due, in large part, to the misrepresentations made by Isham, the U.S. Congress passed the U.S. Food & Drug Act of 1906. According to historical records Frank A. Kimball sold the land where Isham formally lived to Oliver H. Noyes in 1895. In 1896 Mr. Noyes constructed a Queen Anne style Victorian home which has been fully restored. The Noyes House is a locally listed historical property with the City of National City. It remains among the best preserved Queen Anne style Victorian homes in National City and the South Bay of San Diego County. From a historical perspective, Oliver H. Noyes is an important figure in National City history. He was the city's first full time postmaster and a personal family friend of the Kimball family from New Hampshire. In 1989 John T. Walton, the son of Sam Walton, the former of WalMart, purchased the Noyes House. He lived there with his wife, Christy, and son Lukas until 2002. In 2006, Christy Walton donated the property to the International Community Foundation, a public foundation. 10 Noyes House at 2525 N Avenue, National City, CA 91950 Noyes House at 2525 N Avenue, National City, CA 91950 (View from Inside 11 Noyes House at 2525 N Avenue, National City, CA 91950 Noyes House at 2525 N Avenue, National City, CA 91950 12 Noyes House, 2525 N Avenue Photo by Ralph P. Stineman, ca. 1911-15 Source: San Diego Historical Society NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership M-2002-2 926 A Avenue Janice Martinelli M-2002-3 1941 Highland Avenue Celia, Josefma Hernandez M-2003-1 916 A Avenue Jeannette Salazar M-2003-2 928 A Avenue Jeannette Salazar M-2003-3 1433 E. 24th Street Jim Ladd M-2003-4 45 East Plaza Blvd. Janice Martinelli M-2003-5 907 A Avenue Louise Branch M-2005-1 906 A Avenue Janice Martinelli M-2006-1 910 A Avenue Janice Martinelli M-2006-2 934 A Avenue Janice Martinelli 2007-44 M 2824 L Avenue Sherri Steliga 14 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 15 TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems, in an amount not to exceed $46,509.00, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services a other projects as needed. PREPARED BY: Ronni Zengota, Operations Assistant DEPARTMENT: Police /Fire PHONE: Ext. 4516 3 APPROVED BY: EXPLANATION: On December 1, 2009, the City Council of the City of National City approved the Agreement with Day Wireless Systems and allows the parties to extend the agreement for three (3) additional one year terms Day Wireless has maintained and serviced the City's 2-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables and provided preventative maintenance on City radios and also public safety radios since approximately 1999. Day Wireless is the certified Motorola vendor for the Regional Communications System (RCS) of which the City of National City is a member. This amendment in the amount not -to exceed $46,509.00, through June 30, 2011, allows the parties to end the agreement for three (3) additional one-year terms. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Amounts are budgeted in respective departments and cannot exceed the following: Police Dept - $33,600.00 Fire Department - $12,909.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Wireless Amendment and attachments RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH DAY WIRELESS SYSTEMS IN AN AMOUNT NOT TO EXCEED $46,509 TO PROVIDE MAINTENANCE, SERVICE, AND INSTALLATION OF THE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS AND ON -CALL SERVICES, AND OTHER PROJECTS AS NEEDED WHEREAS, on December 1, 2009, the City Council adopted Resolution No. 2009-285, approving an Agreement with Day Wireless Systems for an amount not to exceed $57,005.04 to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010; and WHEREAS, the City and Day Wireless Systems desire to exercise the option provided in the Agreement to extend the term for an additional one-year term, and amend the scope of services to include additional work for the Police Department and Fire Department for the not -to -exceed amount of $46,509. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Day Wireless Systems in the not -to -exceed amount of $46,509 to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios and on -call services, and other projects as needed for an additional one-year term, expiring on June 30, 2011. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS This FIRST Amendment to Agreement By and Between the City of National City and U.S. Mobile Wireless Communications, Inc., dba Day Wireless Systems ("Amendment") is entered into this 1st day of July 2010, by and between the City of National City, a municipal corporation ("the CITY"), and U.S. MOBILE WIRELESS COMMUNICATIONS, INC., a corporation, dba DAY WIRELESS SYSTEMS, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into the Agreement By and Between the City of National City and U.S. Mobile Wireless Communications, Inc., DBA Day Wireless Systems dated November 9, 2009, ("Agreement") wherein the CONTRACTOR agreed to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, the Fire Department and Neighborhood Services of the City of National City, for the period of July 1, 2009 through June 30, 2010. WHEREAS, the parties now seek to continue the maintenance of the two-way radio communications, provide for additional services, and extend the length of the Agreement for one-year, expiring on June 30, 2011. NOW, THEREFORE, the parties agree as follows: 1. The length of the agreement, stated in Section 5 of the Agreement, is amended by extending the term for one year. The new term is through June 30, 2011. 2. The scope of services, stated in Section 2 of the Agreement, is increased by adding the work described in Exhibits A and B. The specific subsections of the Agreement are amended by adding the following: 2.A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibit B for the Police Department during the extended one-year term through June 30, 2011. 2.B. SCOPE OF SERVICES — FIRE DEPARTMENT, Contractor shall perform the services set forth in Exhibit A for the Fire Department during the extended one-year term through June 30, 2011 3. The compensation and payment, stated in Section 4 of the Agreement is amended by adding the following: 4. COMPENSATION AND PAYMENT. The total amount for all work performed under this Amendment shall not exceed forty-six thousand five -hundred nine dollars ($46,509.00). This total amount includes the following limits on the amounts payable based on the scope of services identified above, in this Amendment. 4.A. POLICE DEPARTMENT. The total cost for all work performed for the Police Department pursuant to this Amendment shall not exceed thirty-three thousand six -hundred dollars ($33,600.00). This not to exceed amount includes the specific scope of services set forth in Exhibit B totaling eighteen -thousand six -hundred ($18,600.00) for the term of this Amendment, and up to the remaining balance for additional as -needed work during the term of this Amendment, as allowed and set forth in Section 2:D. of the Agreement. 4.B. FIRE DEPARTMENT. The total cost for all work performed for the Fire Department pursuant to this Amendment shall not exceed twelve -thousand nine -hundred nine dollars ($12,909.00) for the term of this Amendment, as detailed in Exhibit A. 4. Each and every term and provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney U.S. MOBILE WIRELSS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS INC. Company/Contractor) (corporation — signatures of two corporate officers) By: (insert name) (insert title) By: (insert name) (insert title) AUOtKLM CERTIFICATE OF LIABILITY INSURANCE ioi2i2oo PRODUCER (503) 241-0154 FAX: (503) 542-0625 Durham and Bates Agencies Inc 720 SW Washington 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. Suite 250 Portland OR 97205-3554 INSURERS AFFORDING COVERAGE NAICII INSURED INSURER OneBeacon America - Ins . Co US Mobile Wireless Communications, Inc. INSURER B:Navigators Insurance DBA: Day Wireless Systems INSURER C: 4700 SE International Way INSURER Milwaukie OR 97222 INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN' REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 'BY PAID CLAIMS.. INSR LTR ADD't INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DWYY) POLICY EXPIRATION DATE (MMIDDIYY). LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000, 00_ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1 000; PREMISES (Es occurrence) . $ , 00 A X I CLAIMS MADE X/ OCCUR 7110099180003 10/1/2009 10 1/ 2010 10,001 X $121M Umbrella MEDEXP(Anyone person) PERSONAL $ 1,000, 001 &ADV INJURY GENERAL $ 2,-000, 001 GEN'L AGGREGATE LIMIT APPLIES PER: AGGREGATE PRODUCTS - COMP/OP AGG $ $ 2-, 000, 00f 7 POLICY II JE X LOC AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT . (Ea accident) $ 1, 000 , 00( A X A ALLOWNED AUTOS. 71100991801103 10/1/2009 10/1/2010 BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per acadentj - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY, - AUTO ONLY:- EA ACCIDENT $ - 7I f ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B - EXCESS/UMBRELLA LIABILITY SF09EXC161165NV - 7/1/2009 10/1/2010 EACH OCCURRENCE $ 8,000, 000 X I OCCUR CLAIMS MADE - - AGGREGATE - $ 8., 000 , 000 $ DEDUCTIBLE RETENTION $ - A. WORKERS COMPENSATION AND S EMPLOYERS• UABIUN 7110099180003 10/1/2009 10/1/2010 TInn Q YEIAMR'S X. O TH OR ANY PROPRIETOR/PARTNER/EXECUTIVE WASIIINGTON STOP GAP E.L EACH ACCIDENT $ - 500, D00 OFFICER/MEMBER EXCLUDED? if yes, describe under EMPLOYERS LIABILITY E.L DISEASE- FA EMPLOYEE $ 500., 000 . SPECIAL PROVISIONS below E.LDISEASE- POLICYLIMIT $ 500,000' A _ OTHER GARILGEKEEPEf3S 7110099180003 10/1/2009- 10/1/2010- - COMPRERENSIVE AND COLLISION' LIMITS $250, 000 DEDUCTIBLE:. $ 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Continuing Maintenance Projects throughout National City. The City of National city its elected•officials, officers, agents, and employees are Additional Insured per attached VCG 205 02 05 as respects General Liability only and VCA 201 01 09 as respects Automobile Liability only when required by written contract, subject to the terms, conditions, limitations and exclusions of the policy.. *Except 10 days notice -for non-payment of premium. Mail Original cert to: City of National City Attn: Ronni Zengota;1200 National City Blvd, national City, CA 91950-4301. IFICATE.HOLDER CANCELLATION (619)336-4525 l� rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 ACORD 25 (2001/08) INS025 (0108).08a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS.AGENTS OR- REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (cm me) co. Page 2 of 2 Policy 4711009918-0003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY This endorsement modifies insurance provided under the following:: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors 2. Additional Insured — by Contract, Agreement or Permit relating to: o Work performed by you o Premises you own, rent, lease or occupy o Equipment you lease 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined- Mental Anguish 6. Broadened Named Insured 7_ Broadened Property Damage o Borrowed Equipment o Customers' Goods o Use of Elevators B. Broadened Property Damage Rented Premises 9: Coverage Territory— Worldwide 10. Duties In Event of Occurrence, Claim or Suit 11. Expected or Intended injury (PD) 12. Incidental Medical Malpractice 13. Medical Payments 14. Mobile Equipment Redefined 15. Newly Acquired or Formed Organizations 16. Non -Owned Aircraft 17. Non -Owned Watercraft 18. Personal and Advertising Injury 19. Product Recall Expense 20. Supplementary Payments Increased Limits 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section II -Who Is An Insured is amended to include as an additional insured any persons) or organization(s) (referred to below as vendor) with whom you agreed In a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. Thls provision 1. does not apples: (1) "Bodily injury" or "property damage" for which the vendor Is obligated to pay damages by reason of the assumption of liability in a contract or agreement: This exclusion does not apply to liability for damages that the vendor would have in theabsence of the contract or agreement (2) Any express warranty unauthorizedby you; (3) Any physical or chemical change Inthe product made intentionally by the vendor; (4) Repackaging; except when unpacked solelyy for the purposo of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, Installation, servicing or repair operations, except such, operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, pan or ingredient of any other thing or substance by or for the vendor-; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for Its own acts or omissions or these of its employees or anyone else acting on its behalf.. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally un- dertakes to make In the usual course of business, in connection with the distribution or sale of the prod- ucts. VCG 206 02 06 Irctudes copyrighted material of Insurame Services Office, Inc. Page of 7 Copyright 2064, OneBeacon Insurance Group (9) Any person or organization if the "products -completed operations hazard" is excluded either by the pro- visions of the Coverage Form or by endorsement. b. This insurance does not apply, to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED, CONTRACT, AGREEMENT OR PERMIT a. Section If - Who Is An Insured is. amended to include as an additional insured any persons) or organiza- tions) with whom you agreed In a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily Injury", 'property dam- - age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work" for the additional insured(s) atthe location designated In the contract, agreement or permit; or 2. In the maintenance, operation oruse of equipment leased to you by such person(s) or orgahization(s),. or 3. In connection with premises you own, rent, lease or occupy. This Insurance applies on a primary or primary and non-contributory basis if that Ls required in writing by the contract, agreement or permit. b. The insurance provided to the additional Insured herein Is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property dam- age", or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Ven- dors provision of this endorsement; 3. To any person or organization included as an Insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury', "property damage, or "personal and advertising in- jury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities, 5. To any: (a) Lessor of equipment after the equipment lease expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1). The "occurrence" takes place after you cease to bea tenant in !hat premises;. or (2) The "bodily Injury", "property damage", "personal and advertising Injury` arises out of structural alterations, new construction or demolition operations performed by or on behalf of the man- ager or lessor. 6. To "bodily Injury, or "property damage" occurring after; (a) All work on the project (other than service; maintenance or repairs) to be performed by or on be- half of the additional Insured at the site ofthe:covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by anyperson or organization other than another contractor or subcontractor engaged In per- forming: operations for a principal as part of the same project. c. Limits of Insurance applicable tothe additional insured are those specified In the contract, agreement or permit or in the Declarations of this policy, whichever Is less, and fix the most we will pay regardless of the number of: 1. Insureds; Page2of7 Includes copyrighted material of Insurance services office, Ino. VCG 20502 06 Copyright 2004, OneBeacon Insurance Group 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are Inclusiveof and not in addition to the Umits of Insurance shown In the Decla- rations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section Itt — Limits of Insurance, the General Aggregate Llmit.applies separately to each of your. "locations" owned by or rentedor leased to you. b. Under Section V — Definitions, the following definition is added: "Location" means premisesinvolving the same or connecting tots, or premises whose connection is in- terrupted only by a street, roadway, waterway or right-of-way.of a railroad. 4. BLANKET WAIVER OF SUBROGATION - Section IV -Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization -because of payments we make forinjury or damage arising out of your ongoing. operations done under. a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written -contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights, of recovery. 5. BODILY INJURY REDEFINED — MENTAL ANGUISH UnderSection V.the definition of "bodily injury" Is replaced by the following: "Bodily injury' means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at anytime. 6. BROADENED NAMEDINSURED Section 1I - Who Is An Insured is amended to include as an Insured the following; Any organization which Is a legally Incorporated entity in which you own a .financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will. be a Named Insured until the 180"i day or the end of the policy period; whichever comes first, provided there is no 'other similar insurance available to that organization: The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of limits of insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "propertydamage" liability's subject.to the following: a. The Damage To Property exclusion under Section' Coverage A is amended as follows: 1. The exclusion for personal- property in the care, custody or.contro' of -the Insured does not apply to "property damage to equipment you borrow while at.a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The.exciusions for (a) Property loaned to you; (b) Personal property in the care, custody.or control of the insured; and (c) That.particular part of any :property that must be restored , repaired or replaced because "your work" was incorrectly performed tint do not apply to "property damage 'to "customers' goods„ -while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit the most we will pay for "property damage" to "Customers' Goods" is $25,000 per "occurrence. b. Under Section V - Definitions, the following definition Is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1.. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including_ any deductible) available to the insured whether such insurance isprimary, excess, contingent or VCG2060206 includes copyrighted r i2leial of insurance Sambas Office, Inc. Page 3 of.7 Copnighl 2004, Oneeeacon Insurance Group on any other basis. Any payments by us will follow the Other Insurance — Excess provisions In the COM- MERCIAL GENERAL LIABIUTY CONDITIONS. 8. BROADENED PROPERTY DAMAGE — RENTED PREMISES a, In the Damage To Property exclusion under Section 1 Coverage A, the exclusion for "property damage" to: Property you own, rent or occupy; does not apply to real property you rent or temporarily occupy with permission of the owner. b. In Section le - Limits Of Insurance, the Damage To Premises Rented To You Limit is amended as follows: Subject to the Each Occurrence Limit, $500,000 Is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or occupied by you with permission of the owner. It any amount other than $500,000 Is shown In the Declarations as the Damage To Premises Rented To You Limit, the amount shown In the Declarations MI replace $500,000 as the Umlt of Insurance provided for this coverage. c. The insurance afforded by this Provision 8.1s excess over any other valid and collectible property Insurance (including any deductible) available to the insured whether such Insurance Is primary; excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 9, COVERAGE TERRITORY-- WORLDWIDE The definition of "coverage territory" is replaced by the following: . "Coverage territory" means anywhere. However, the insured's responsibility to pay damages must be determined in a settlement we agree to or In a "suit' on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada: 10. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence"offense, claim or "suit" and 2. send us documents concerninga claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; . 3. An executive officer of the corporation or insurance manager, if you are a corporation; or 4. A manager, d you are a limited liabilitycompany: b. The requirement that you must notify us as soon as practicable of an-"occurrence"'or an offense that may result in a claim does not apply if you report an "occurrence" to your workerscompensation insurer which later develops into a liability claim for whichcoverage is provided by this policy; However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather theme workers compensa- tion claim, you must comply with the Duties In The Event Of Occurrence; Offense, Claim Or Suit Condi- tion. 11. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) _ The Expected Or Intended Injury exclusion under. Coverage A Bodily injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of: the insured: This exclusion does not apply to"bodily injury" or "properly damage" resulting. from the use of reasonabie force to protect persons or property, 12. INCIDENTAL MEDICAL MALPRACTICE— EMPLOYED PHYSICIANS,NURSES,.EMT'S AND PARAMEDICS a. Under Section II — Who Is An insured the paragraph that excludes an enrpfoyee or volunteer worker as in- sured for "bodily injury" or"personal and advertising Injury" arising out of his -or her providing or failing to provide professional health care services does not apply to a physician, dentist; nurse, emergency medical teohnician or paramedic employed by you if you are not engaged In the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. Page 4 of Includes copyrighted material of insurance Servbee Office. Inc. VCG 205 02 05 Copyright 2004, One5eacon Insurance Group b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance Is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL. LIABILITY CONDITIONS. 13. MEDICAL PAYMENTS - INCREASED UNITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are in- curred and reported to us within one year of the date of the accident is changed to threeyears. b. The Medical Expense Limit is $10,000 per person or the amount shown in the Declarations as the Medical Expense Limit, whichever is greater. c. This provision 13. does not apply if Coverage C - Medical Payments Is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 14. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of .permanently attached equipment will be considered "mobile equipment": a. snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 15. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section f1- Who is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period_ 16. NON -OWNED AIRCRAFT a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned -with a paid crew, and 2. Not owned by any insured. b: The insurance afforded by thisprovision16. is excess over any other valid and cotlectibie insurance (Including any deductible or Self insured.Retention) availabieto the insured, whether such insurance is prl- Mary, excess, contingent or on any other basis. Any payments by us will Follow the Other Insurance - Ex- cess InsuranceprovisionsIn the COMMERCIAL GENERAL LiAB►LITY CONDITIONS. 17. NON -OWNED WATERCRAFT a. Section 1I - Who Is An insuredis amended to include as'en insuredfor any watercraft that is covered by this policy, any person who, with your expressed or implied consent;, either uses or Is responsible for the use of a watercraft However, no person or organization, Is an insured with respect to: 1. "Bodily injury" to a co -"employee" of the parson operating the watercraft; or 2. "Property damage" to property owned by, rented'to, in the charge of oroccupied byyou or the em- ployer of any person who is an insuredunder this provision. b. In the exception to the Aircraft, Auto Ot Watercraft exclusion under Coverage A Bodily injury And Prop- erty Damage Liability, the limitation on the lehgth of a watercraft is increased to 51 feet. c. The insurance afforded by this provision 17. is excess over any other valid and collectible insurance (including any deducilble or Self Insured: Retention) available to the insured, whether such insurance is pri- mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Ex- cess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 18. PERSONAL AND ADVERTISING INJURY The following is added to the definition of `'personal and advertising; injury": Discrimination because: of race, color, creed, national origin,'age, sex or physical disability; where insurance therefore is not prohibited by law, but only if such discrimination IS: VCG 205 02 05 Includes copyrighted material of Insurance Services Office, Ina Page & of 7 Ccpirlght 2004, OneBeacon Insurance: Group a. not done intentionally by or atthe direction of: .(1) the insured; or (2) any executive officer, director, stockholder, partner or member of the insured staff; and b. not directly or indirectly related to the employment, prospective employment or termination of employment of anyperson or persons by any insured. The insurance afforded under this provision does not apply to fines or penalties, or that portion of any award or judgment caused by trebling or multiplication of actual damages under state or federal law. This provision does not apply if Coverage B — Personal and Advertising Injury Liability is otherwise excluded either by the provisions of this Coverage Form or byy any endorsement. 19. PRODUCT RECALL EXPENSE a. With respect to this Provision 19., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily injury And Property Damage Liability is deleted. b. The following is added to Section tit. -Limits Of Insurance section: 1. The Limits of insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls" initiated; or (c) Number of "your products" recalled. 2. The Product Recall Aggregate Limit is the mostwe will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. Products Recall Schedule Lirnits of insurance Product Recall Aggregate $50,000 Limit Each Product Recall Limit $25,000 The Limits of insurance for this coverage apply separately to each consecutive annualperiod and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Decla- rations, unless the policy period is extended after issuance for an additional period of less than 12 months, In that case, the additional period will be deemed part of the last preceding period for the purposes of de- termining the Limits of Insurance. c. The following. Is added to the Duties In The Event Of Occurrence,Offense, Claim Or Suit provision under Section IV Conditions; You must see to it that the following are done In the event of an actual or anticipated "covered recall" that may result in "product recall expense" 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. In- clude a description of your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any ,other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance 3. As often as may be reasonably required, permit us to inspect 'your product"' that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of *your products" for inspection, testing and analysis; and .permit us to make copies from your books and records; 4. Send us a signed, swom, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any insured under oath, while not in the presence of any other Insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insureds answers must be signed. Page6of7 Includes copyrighted material of Insurance Services Office, Inc. VCG 205 02 0b Copyright 2504, Orretleacon Insurance Group d. The following definitions are added to the Definitions -Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has deter- mined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury" or "property damage". 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1) For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular "employees"; (5) Incurred by "employees", including transportation end'accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily Injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense" does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substi- tutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; and (7). Recall of "your products" that have no known or suspected defect solely because a known or sus- pecteddefect in another of "your products" has been found 20. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS - In the SUPPLEMENTARY PAYMENTS - Covorages A and B provision: a. The limit for the cost of bail bonds is amended to $2,500; and b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. VCG 206 02 06 Includes copyrighted material of Insurance Services Office, Inc- Page 7017 Copyright 2g04, OneBeacon Insurance Group Policy #711009918, )3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The followingschedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined - Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment 8. Diminution in Value 9. Drive Other Car — Executive Officers 10. Duties In. The Event of Accident, Claim, Suit or Loss 11. Employees As Insureds 12. 13. 14. 15. 16. 17. 18. 19. 20. 21, Employee Hired Autos Fellow Employee Exclusion Glass Repair —Waiver of Deductible Hired Auto Physical Damage Coverage Lease Gap Coverage Liability Coverage - Supplementary Payments Newly Formed or Acquired Organizations Physical Damage — Transportation Expenses Rental Reimbursement Private Passenger Vehicles Towing — Any Covered Auto t. ADDITIONAL INSURED BY CONTRACT The Who is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include as an additional "insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whore or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or"property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of `autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE if you purchased physical damage coverage for a covered "auto" under thispolicy, we will payto reset or re place an airbag that accidentally discharges without the vehicle being involved in an accident. Na deductible applies to this additional coverage. However, this coverageonly applies if the airbag is not covered under a manufacturers warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of acovered loss, for information leading to the arrest and con- viction of anyone stealing a covered "auto". A reward will not be paid to you, a.tamily member, employee or any publio.offielal while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the fallowing: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is In writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED — MENTAL ANGUISH The definition of "bodily injury" under SECTION V— DEFINITIONS is replaced by the following: "Bodily injury" means bodily Injury, sickness, or disease sustained by a person, including mental anguishor death resulting from any of these atany time. VOA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004; 6. BROAD FORM NAMED INSURED. a. The Who Is An Insured provision under SECTION It — LIABILITY COVERAGE is amended to include the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% o1 the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180'" day or the end of the policy period whichever comes first, provided there Is no other similar insurance avail- able to that organization. b. Paragraph a. of this provision 6. does not apply to "bodily injury" or "property damage" for which an "insured" is also an "insured" under any other automobile policy or would be an "insured" under such a pol- icy, but for its termination or the exhaustion of its Limit ottnsurance, 7. COMMUNICATIONS EQUIPMENT a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVER- AGE does not apply to loss of any permanently installed, non -removable communications equipment de- signed for use as a: 1. Citizen's band radio; 2. Two-way mobile radio or telephone; 3. Scanning monitor receiver; or 4. GPS Navigation System, including its antenna and other accessories. b. No Deductible applies to this additional coverage. c. The most we will pay for this coverage is $5,000 per occurrence. 8. DIMINUTION 11V VALUE The "diminution in value" exclusion under SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered "auto" is a private passenger "auto" and is leased, rented, hired or borrowed with- out a driver for a period of 30 days or less and is used in the conduct of the insured's business: The most we will pay for "loss" arising out of an "accident" Is the lesser of 57,500 or 20% of the actual cash value of the "auto" as determined by Kelley Blue Book or other independent valuation sources. 9. DRIVE OTHER CAR — EXECUTIVE OFFICERS a. The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include: If you are designated in the Declarations as: 1. An individual; you and your spouse. 2. A partnership; your partners and their spouses. 3. An organization other than an individual or a partnership; your "executive otftcers". and their spouses. b. SECTION II LIABILITY COVERAGE and SECTION III- PHYSICAL DAMAGE COVERAGE are extended to include "autos" you don't own, hire, lease or borrow while in the care, custody or control of an "insured" listed in 9.a_ This does not include any "auto"_ 1. Owned by any 'insured" listed in 9-.a., or any member atoll- household, including any such "auto" that is owned but not insured; 2. Used by an "insured' listed in 9.a. while working in the businessof selling, servicing, repairing or parking autos; or 3. insured under another policy of insurance. If Medieaf Payments, Uninsured/Underinsured Motorist, Personal injury Protection or other compulsory coverages required by the governing: jurisdiction are covered on this, policy, then insureds listed in 9.a. above and family members residing in the same households are insureds" while: 1. Occupying as a passenger; or 2. A pedestrian when struck by, any "auto" you do not own, hire, lease or borrow, except. any "auto" owned by that "insured" listedin 9.a, their family members or an "auto" Insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for the specific insurance. Page 2 of 5 includes copyrighted material of Insurance Services Office, Inc. VCA 201 01 09 Copyright 2004. I d. The following definition is added to the DEFINITIONS section of the policy: "Executive officer" means a person holding any of the officer positions created by your charter, constitu- tion, by-laws or any similar governing document. e. The Other Insurance Condition, under Section IV - BUSIN.ESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no "other insurance" applicable- to this en- dorsement. 10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV - BUSINESS AUTO CONDITIONS - the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows: The requirements that you must: a. Notify us of an 'accident", claim, "suit" or "loss'; and b. Send us documents concerning a claim or "suit", apply only when such "accident", claim, "suit" ar 'loss" is known to: a. You. if you are an individual; b. A partner, if you are a partnership; c. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company. 11. EMPLOYEES ASINSUREDS The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is changed by adding the fol- lowing: Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. This coverage is excessover any other collectible insurance. 12. EMPLOYEE HIRED AUTOS The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contact or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. For purposes of this coverage grant, paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow, and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, white performing duties related to the conduct of your business. However, any "auto" that is teased, hired, rented or borrowed with a driver Is not a covered "auto". This coverage is excess over any other oolloctible insurance. 13. FELLOWEMPLOYEEEXCLUSION The Fellow Employee exclusion under SECTION ll - LIABILITY COVERAGE does not apply if the "bodily in- jury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other insur- ance. 14. GLASS REPAIR- WAIVER OF DEDUCTIBLE Under paragraph D. - Deductible - ofSECTION III- PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage ifthe glass is repaired rather than replaced. 15. HIRED AUTO - PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" under SECTION II - LIABILITY COVERAGE and If Comprehensive, Specified Causes of Loss, or Collision coverages are provided. under this policy for any "auto" you own, then SECTION III =PHYSICAL DAMAGE COVERAGE is extended to"autos" you hire, subject to the following limit: The most we will pay for "loss" to any hired"auto" is the lesser of: a. $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; VCA 201 0109 Includes copyrighted material of -Insurance SeMces Office, trio. Page 3 of 5 Copyrlght 2004, b. The actual cash value; or c. The cost of repairing or replacing it with other property of like kind or quality. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No de- ductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own.. We will also cover loss of use of the hired "auto" if the following conditions are met: a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial loss. The most we will pay for this loss of use coverage is $1,000 per "accident". 16. LEASE GAP COVERAGE Under paragraph C. Limit of Insurance — of SECTION 11l - PHYSICAL DAMAGE COVERAGE, the following is added: If a covered "auto" is leased, we will also pay the difference between the actual cash -value of a covered "auto" at the time of "loss" and the remaining balance on your lease if the following conditions are met: a. The "auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional insured in a written lease agreement. c. You are legally obligated for the remaining balance. VVe will not pay for any amounts representlng excess wear and tear charges; additional mileage charges; taxes; •overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees. 17. LIABILITY COVERAGE -EXTENSIONS —SUPPLEMENTARY PAYMENTS Under SECTION II — LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised asfollows: a. The limit for the cost of bail bonds is amended to $3,500. b. The limit for reasonable expenses incurred by the `insured" is amended to $500 a day. 18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS a. The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is amended to include as an "insured" any organization that is formed or acquired by you and over which you maintain majority own- ership: b. Paragraph a. of this provision 18. does not apply to any organization: 1. That is a joint venture or partnership; 2. That is an "insured` under any other policy; 3. That has exhausted its Umit of insurance under any other policy; or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acqu'I- sition.or formation. - c. Paragraph a. of this provision 18. does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. 19. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES COVERAGE Under SECTION III — PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses- is amended to $75 per day and the maximum is amended to $2;250. 20. RENTAL REIMBURSEMENT We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" of the private passen- ger type because of "loss" to a "covered auto" of the private passenger type. Payment applies in addition to the otherwise applicable amount of each coverageyou have on a "covered auto". No deductibles apply to this coverage. We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, six (6) days. after the "foss". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 201 01 09 Copyright 2004, Payment is limited to the lesser of the following- amounts: 1. Necessary and actual expenses incurred. 2. The maximum daily payment of $25 far any one day. Thiscoverage does not apply while there are spare or reserve "autos" available to you. If "loss" results from the total theft of the private passenger "auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAM- AGE COVERAGE Extension. 21. TOWING — COVERED AUTOS Under SECTION III — PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows: a. This coverage applies to any covered "auto' for which a premium charge for towing and labor is shown in the Schedule or in the Declarations. b. The limitis $100. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of Copyright 2004, ACORU® CERTI( SATE OF LIABILITY INS RANCE DATE (MM/DD/YYYY) 10/6/2009 PRODUCER (503)241-0154 FAX: (503)542-0625 Durham and Bates Agencies Inc 720 SW Washington Suite 250 Portland OR 97205-3554 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way. Milwaukife OR 97222 COVERAGES INSURER A: OneBeacon Insurance (CL) INSURER B: INSURER C: INSURER IT: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDIYYYYI POUCY EXPIRATION DATE IMM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ GENERAL LIABILITY PRS [ RENTED TCOMMERCIAL PREEMIMI E SES (Ea occurrence) 3 CLAIMS MADE OCCUR MED EXP (Any one person) $. PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO - PRO- LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accidenp $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ - — I BRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR l J CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE - $ RETENTION $ $ WORKERS COMPENSATION' AND EMPLOYERS LIABILITY - - WC. STATU- II 0TH- TORY LIMITS 1 I ER ANY PROPRIETOR/PARTNERIEXECUTIVE YI N EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below - _ E.L. DISEASE -POLICY LIMIT $ A OTHER Technology. E&O 7110113880001 10/1/2009 10/1/2010 Liability Claims -Made Each Claim/Aggregate $2,000,000 SIR/Ded-Each Claim $ 10,000 Rat rn Bare June- 7, 2006 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS RE: Continuing Maintenance Projects throughout National City. Evidence of insurance provided. subject to the terms,. conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium. Mail orig cert to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. CERTIFICATE HOLDER (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENCOTA. 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES -BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER- WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE.LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES: AUTHORIZED REPRESENTATIVE Joanna Brown/MIK ©1988-2009 ACORD CORPORATION. AR rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2009/01) INS025 (200901) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) INS025 (200901) PRODUCER (503) 241-0154 FAX: (503) 542-0625 Durham and Bates Agencies Inc 720 SW Washington Suite 250 Portland OR 97205-3554 INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukee OR 97222 COVERAGES ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD[YYYY 10/1/2009 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: See Below For • Vrs Cos . INSURER B: NAIC # 3747B INSURER C: INSURER D. INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED: NOTWITHSTANDING AN) REQUIREMENT, TERM OR CONDITION OF ANYCONTRACTOR 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 BEE N (SEDUCED -BY PAID CLAIMS. L INSR . LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE .DATE (MM!DD/YY) POLICY EXPIRATION DATE (MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS MADE OCCUR - MED EXP (Any one person) $ PERSONAL B. ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES —1 PR O- PER: PRODUCTS - COMP/OP AGG $ POLICY JECT LOC AUTOMOBILE LIABILITY - - COMBINED SINGLE LIMIT (Ea accident) $ A ALL OWNED AUTOS BODILY INJURY /Per person) $ HIRED AUTOS NON -OWNED AUTOS - - BODILY INJURY (Per accident) $ _ - PROPERTY DAMAGE - (Per accident) $ - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ _ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I I CLAIMS MADE AGGREGATE $ - DEDUCTIBLE $ RETENTION $ - $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 52WELN9641 1-0/1/2009 10/1/2010 WCSTATU- "-Was OTH ER . ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER. EXCLUDED? OR -Hartford of Midwest EL EACH ACCIDENT $ 1,000,000 If yes, describe under -Hartford Accident Ind E.L DISEASE -EA EMPLOYEE $ 1,000,000. - SPECIAL PROVISIONS below NV -Hartford Casualty E.L: DISEASE- POLICY LIMIT $- - 1, 000, 000 - DESCRIPTION OTHER OF OPERATIONS/LOeATIONSNEHIC - ESIEXCLUSIONS Auue� BY ENL UKSEMENTISPECIAL PROVISIONS - RE: Continuing Maintenance Projects throughout National City. Waiver of Subrogation in favor. of The City of National City is attached per form WC 00 03 13, subject to all policy terms, conditions, limitations and exclusions. Mail orig cert to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. i CERTIFICATE HOLDER - - (619)336-4525 rzengota@nationalcityca..go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES: . AU TH ORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2001/08) INS025 (BIOR) DRe ©ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such. endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (0108) 03a Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Countersigned by Form WC 00 03 13 Printed in U.S.A. Authorized Representative DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 5/12/2010 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: ATTN: BILLING ADDRESS: CITY: CONTRACT START DATE: 7/1/2010 National City Fire Department Brenda Hodges 619-336-4570 1243 National City Blvd National City ZIP 91950 YES AUTO.RENEWAL: NO CUSTOMER#: NAT130 CUSTOMER/AGREEMENT: 634-00 CUSTOMER CONTACT: Capt. Mark Gundert/Judy Wilkins 619-336-4550 TELEPHONE / FAX #: 619-336-4550/619-336-4562 JWilkins@nationalcityca.gov EXPIRATION DATE: 6/30/2011 PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEPTED VT VS MQSItE WIRELESS, THE COUIRNENT ON THE CUSTOMERIACREEMEHT ORDER REFERENCED ABW E. WILL EE SERVICED BY U.S. NOBLE WIRELESS IN ACCORDANCE WIN THE TERNS AND CONDITIONS PRINTED ON ATTACHMENT. THIS SCREENEN} DOES NOT INCLUDE REFLACEMENT OF ANTENNAS. BATTERIES, OR SERVICE OF ANTTRANSINSSION LINE. ANTENNA TONER OR TOWER ucHTIN8 UNLESS PLACE 0 SERVICE MONTHLY SVC AMUUN I SPECIALINSTRUCT10NS: OTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION CUSTOMER LIXATIoN SVCCTR DRNEAN SVC TER NAIIAN HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excludingweekends and PER UNIT EXTENDED holidays. 4 Astro XTL5000 Mobile Control Station x 15,00 60.00 24 Astro XTL5000 Mobiles 1 W/Dual CH x 15.00 360.00 An annual preventive maintenance inspection is included in this contract and is to be 33 XTS5000 Portables x 9.00 297.00 schedules by a representative of the Fire Dept. 6 XTS3000 Portables x 9.00 54.00 30 Vehicular Tri-chem charger x 7.50 225.00 This contract includes all parts and labor with the exception of antennas, batteries, cables 2 Battery Maint Systems x 3.00 6.00 programming, physical abuse and water/chemical damage, 4 Impress Rapid Rate Chargers x 3.00 12.00 17 Speaker Mics x 2.00 34,00 5 Desktop Chargers Model AA1670 x 3.75 18.75 1 Batt Maint System Model WPLN4079BR x 9.00 9.00 [ X] NEW [ ]ADJUSTMENT AGREEMENT AGREEMENT# Additional terms, ...one and condlions o/ INis SERVICE AGREEMENT are printed on page 2. PURCHASE NUMBER PAYMENT CYCLE: TAX EXEMPT: ( ] ANNUALLY [ 1 YES ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY [ x ] NO 1 x 1 MONTHLY [ 1 OTHER (SPECIFY IN. SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,075.75 TAXES $0.00 TOTAL $1,075.75 AUTHORIZED CUSTOMER (SIGNATURE) DATE: THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE A LOCAL TAJNG JURISDICTIONS. TD BE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (SIGNATURE) neTC. OA 1 ...RELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: BILLING ADDRESS: CITY: CONTRACT START DATE 7/1/2010 Accounts Payable 1243 National City Blvd. National City YES ZIP 91950 AUTO RENEWAL: NO SERVICE AGREEMENT DATE 6/18/2010 W1pEl.ESS SY'ST M.s CUSTOMER #. NAT140 CUSTOMER/AGREEMENT: 565-00 CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE / FAX*: 619-336-4509 Fax: 619-336-4525 EXPIRATION DATE: 6/30/2011 OTT 3 3 1 1 1 1 9 3 15 MODEL NUMBER/SERIAL NUMBER/DESCRIPTION Mobile Control Stations` Reomote Op Positions* PLACE OF SERVICE CUSTOMER LCCATRM Spectra Consolette Existing" Ethernet Router* Ethernet Switch" Tensor Channel Bank* XTL5000 Consolettes" BDA Astro Mobiles X X X X X X X 17 67 20 6 56 3 XTS3000 Portables XTS5000 Portables XT52500 (warranty) XTS5000 Portables (Warranty Astro Mobiles (Warranty) Moto Astros (Warranty) X X X X X X X X SVC CTR DRIVE.IN SVC CTR MAIL -Iry MONTHLY SVC AMOUNT PER UNIT 9.00 EXTENDED 27.00 PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEPTED BY VS MOBILE WIRELESS THE EQUIPMENT GN THE CNSTOMER,AGREEMENT ORDER REFERENCED 'SCVE WILL Elf SERIACEO BY U.S. MOBILE WIR ELFSS IN ACCORDANCE WITH THE TERMS AND CONOITW NS PRINTED ON ATTACHMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES, OR SERVICE OF ANY TRANSMISSION LINE. ANTENNA TOWER OR TOWER LIGHTING UNLESS SUCH WORE IS DESCRIBED BELOW' SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends and holidays. 74.00 25.00 15.00 222.00 25.00 15.00 An annual preventative maintenance inspection is included in this contract and is to be scheduled by a representative of National City Police Department. 15.00 25.00 9.00 20.00 8.00 15.00 25.00 81.00 60.00 This contract includes at parts and labor with the exception of antennas, batteries, cables programming, physical abuse and waterlchecmical damage. Contract also does not cover gooseneck mics. foot pedals or headset jacks. 120.00 8.00 8.00 2.00 2.00 4.00 4,00 136.00 536.00 40.00 12.00 224.00 12.00 "Denotes that this equ pment is covered under 2477/365. Contract included pick up and delivery of portables. [ X 1 NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# Addtianel terra, definitions and conditions of this SERVICE AGREEMENT ere printed on page 2. Continued on page 2 of 3 PAYMENT CYCLE: [ ] ANNUALLY [ ) SEMI-ANNUALLY [ ) QUARTERLY [xj MONTHLY [ J OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: [ ] YES, ATTACH EXEMPT CERTIFICATE [X]NO Totals for page 1 TOTAL PER MONTH $1,550.00 TAXES $0.00 PURCHASE NUMBER TOTAL $1,550.00 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE G LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS AUTHORIZED CUSTOMER (SIGNATURE) DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5th, 2010 AGENDA ITEM NO. 16 .. EM TITLE: Warrant Register #9 for the period of 08/25/10 through 8/31/10 in the amount of $539,789.52 PREPARED BY: K. Apalategul DEPARTMENT: F PHONE: 619-336-433f APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/24/10 through 08/31/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Dixieline Builders 237985 57,000.81 Construction Svcs / Casa Familiar Health net 238024 67,480.05 Health Ins H0067A Sep 2010 '" riser Foundation 238032 141,254.62 Ins Active Sep 2010 Project Design Consultant 238066 58,593.56 Consulter Services FINANCIAL STATEMENT: ACCOUNT NO. NIP ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $539,789,52 BOARD / COMMISSION RECOMMENDATION: N/A, ATTACHMENTS: arrant Register #9 Warrant Register #9 8/31/2010 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 208 SUPP. LAW ENFORCEMENT SVCS FUND (SLESF) 212 PERSONNEL COMPENSATION FUND 253 RECREATIONAL ACTIVITIES 290 POLICE DEPT GRANTS 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 631 TELECOMMUNICATIONS REVOLVING 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 261,736.55 605.57 922.00 27,011.60 66,516.06 8,588.55 2,057.82 6,203.64 200.97 27, 595.67 3,901.91 16,207.24 2,349.27 184.19 57,014.23 6,598.83 599.38 31,849.93 4,105.86 2,778.19 8,340.09 4,421.97 539,789.52 PAYEE VONS BIG 5 SPORTING GOODS PENNYSAVER PORT OF SAN DIEGO PARK ART D NIELSEN PAINTING INC BOOT WORLD CALIFORNIA HIGHWAY ADOPTION CO CARQUEST AUTO PARTS COMMERCIAL AQUATIC SERVICES D-MAX ENGINEERING DAPPER TIRE COMPANY DOKKEN ENGINEERING FERGUSON ENTERPRISES INC FLEET SERVICES INC GRAINGER JOHN DEERE LANDSCAPES MASON'S SAW & NAPA AUTO PARTS NATIONAL CITY TROPHY PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RPM WELDING INC SDG&E SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE THE LIGHTHOUSE INC WESTFLEX INDUSTRIAL DESROCHERS DIXIELINE BUILDERS FEDEX GEOSYNTEC CONSULTANTS KEYSER MARSTON ASSOC KOA CORPORATION PACIFIC BUSINESS CAPITAL CORP RAULSTON SDG&E STRATACOM ULI URBAN LAND INSTITUTE ACEDO ADAMSON POLICE PRODUCTS AIRGAS-WEST ALL FRESH PRODUCTS ALLEN ANDERSON BONSUISSE INC WARRANT REGISTER # 9 8/31/2010 DESCR►PTION FLOWERS / STATE OF THE CITY ADDRESS CANOPY / STATE OF THE CITY ADDRESS ADVERTISING/STATE OF THE CITY ADDRESS DEPOSIT/PEPPER PARK CONCERT 9/18/10 CITY-WIDE PAINTING MOP 64096 WEARING APPAREL PARADISE CREEK LITER REMOVAL MOP 47557 AUTO PARTS MUNICIPAL POOL EMERGENCY REPAIRS JULY 2010 SERVICES TIRES FOR CITY FLEET JULY 2010 SERVICES MOP 45723 PLUMBING MATERIAL MOP 67804 AUTO PARTS MOP 65179 ELECTRICAL MATERIAL MOP 69277 PLANTING MATERIAL MOP 45729 MATERIAL & SUPPLIES MOP 45735 OIL MOP 66556 BUILDING MATERIALS MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE MOP 45749 R&M AUTO EQUIP FACILITIES GAS & ELECTRIC MOP 45758 GAS MOP 45704 OFFICE SUPPLIES MOP 45726 MATERIALS & SUPPLIES MOP 63850 AUTO PARTS RETIREMENT BENEFIT SEP 2010 CONSTRUCTION SVCS - CASA FAMILIAR EXPRESS MAIL COURIER SERVICES ENVIRONMENTAL CONSULTING SERVICES ECONOMIC CONSULTING AGREEMENT CIVIL ENGINEERING AGREEMENT EQUIPMENT RENTAL HUD TIERRA WEST ADVISORS GAS AND ELECTRIC UTILITIES FOR CDC MOP# 63845. BUSINESS CARDS ULI MEMBERSHIP RENEWAL RETIREE HEALTH BENEFITS SEP'10 EXTERNAL ASSAULT SHELL MOP#45714. HELIUM FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 DAIRY DELIVERY FOR NUTRITION 1/3 CHK NO DATE AMOUNT 237955 8/26/10 374.83 237956 8/30/10 2,892.54 237957 8/30/10 622.97 237958 8/31/10 1,500.00 237959 8/31/10 1,670.00 237960 8/31/10 347.86 237961 8/31/10 432.00 237962 8/31/10 349.60 237963 8/31/10 1,240.44 237964 8/31/10 26,324.97 237965 8/31/10 223.21 237966 8/31/10 5,669.62 237967 8/31/10 45.17 237968 8/31/10 162.68 237969 8/31/10 170.80 237970 8/31/10 49.92 237971 8/31/10 293. 237972 8/31/10 501.. 237973 8/31/10 188.55 237974 8/31/10 380.63 237975 8/31/10 163.53 237976 8/31/10 320.79 237977 8/31/10 431.16 237978 8/31/10 229.18 237979 8/31/10 30,265.36 237980 8/31/10 128.29 237981 8/31/10 16.66 237982 8/31/10 187.44 237983 8/31/10 117.84 237984 8/31/10 110.00 237985 8/31/10 57,000.81 237986 8/31/10 40.85 237987 8/31/10 2,425.19 237988 8/31/10 879.38 237989 8/31/10 2,670.00 237990 8/31/10 195.00 237991 8/31/10 142.44 237992 8/31/10 312.40 237993 8/31/10 31.83 237994 8/31/10 525.00 237995 8/31/10 160.1 237996 8/31/10 2,057 237997 8/31/10 60.9r 237998 8/31/10 2,147.01 237999 8/31/10 125.00 238000 8/31/10 110.00 238001 8/31/10 703.89 PAYEE BOYD BROWN MARKETING STRATEGIES BROWN MARKETING STRATEGIES CAPE CALIFORNIA BAKING CO. CALIFORNIA LAW ENFORCEMENT CDC CEB CHILDREN'S HOSPITAL CISSEL CITY OF NATIONAL CITY CNOA COMMCINEMA INC. CONDON DEFRATIS DICERCHIO LEDGE SER III EWERT, PHILLIP FLORES-CLARK HAMILTON MEATS & PROVISIONS HANSON HEALTH NET HEALTH NET HEALTH NET HEALTH NET HOLLIS III HOLLOWAY ICC SAN DIEGO CHAPTER JAMES KAISER FOUNDATION HEALTH PLANS KIMBLE KOLANDA LASER SAVER INC LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH ' "W OFFICES OF DON DETISCH W OFFICES OF DON DETISCH LINCOLN EQUIPMENT INC. LOPEZ LOPEZ MAN K-9 INC. WARRANT REGISTER # 9 8/31/2010 DESCRIPTION RETIREE HEALTH BENEFITS SEP'10 MARKETING, ENTERTAINMENT & RADIO 2010 BAY FRONT CONCERT FIRE / LTD SEPTEMBER 2010 BREAD DELIVERY FOR NUTRITION CENTER PD/LTD SEPTEMBER 2010 ENG REQUEST OF T&A DEPOSITS DEBT COLLECTION PRACTICE CHILD ABUSE EXAMS REIMBURSEMENT FOR SUMMER CAMP PETTY CASH JULY 2010 DRUG RECOGNITION EVALUATOR MOVIES IN THE PARK / JUNE 2010 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 SUPPLIES/STATE OF THE CITY ADDRESS MEAT DELIVERY FOR NUTRITION CENTER RETIREE HEALTH BENEFITS SEP'10 HEALTH INS H0067A SEP 2010 HEALTH INS SEP 2010 57135J HEALTH -FULL NETWORK 57135A HEALTH NET - 57135F SEP 2010 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 2010 CALIFORNIA BUILDING CODE TITLE RETIREE HEALTH BENEFITS SEP'10 KAISER INS ACTIVE SEP 2010 RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 MOP# 45725. INK CARTRIDGE THRIFTY OIL KALESA WALK 557-420-35 & 36 BAYATI APN 557-410-30 THRIFTY APN 557-410-15 PUEDAN APN 557-410-05 BOOGARD APN 557-410-17 NAGRAJ APN 557-410-19 PLAZA BLVD MISC MATTERS REFUND / 4 WEEKS OF SUMMER CAMP POOL SUPPLIES TRANSLATION SERVICES FOR CITY TRANSLATION SERVICES FOR CDC MAINTENANCE TRAINING FOR MAN K-9 2/3 CHK NO DATE AMOUNT 238002 8/31/10 145.00 238003 8/31/10 7,200.00 238004 8/31/10 1,000.00 238005 8/31/10 640.00 238006 8/31/10 288.00 238007 8/31/10 1,735.50 238008 8/31/10 4,421.97 238009 8/31/10 329.96 238010 8/31/10 3,708.00 238011 8/31/10 98.78 238012 8/31/10 546.89 238013 8/31/10 1,300.00 238014 8/31/10 950.00 238015 8/31/10 280.00 238016 8/31/10 120.00 238017 8/31/10 70.00 238018 8/31/10 250.00 238019 8/31/10 250.00 238020 8/31/10 160.00 238021 8/31/10 64.16 238022 8/31/10 489.47 238023 8/31/10 135.00 238024 8/31/10 67,480.05 238025 8/31/10 1,192.62 238026 6/31/10 7,722.32 238027 8/31/10 7,147.47 238028 8/31/10 185.00 238029 8/31/10 150.00 238030 8/31/10 985.08 238031 8/31/10 140.00 238032 8/31/10 141,254.62 238033 8/31/10 300.00 238034 8/31/10 135.00 238035 8/31/10 82.26 238036 8/31/10 3,304.17 238037 8/31/10 1,675.50 238038 8/31/10 2,015.00 238039 8/31/10 1,587.09 238040 8/31/10 1,423.50 238041 8/31/10 1,195.75 238042 8/31/10 1,184.00 238043 8/31/10 2,054.52 238044 8/31/10 140.00 238045 8/31/10 4,531.24 238046 8/31/10 140.00 238047 8/31/10 70.00 238048 8/31/10 600.00 PAYEE MARIN CONSULTING ASSOCIATES MATIENZO MATTHEW BENDER & CO INC MCCABE MORE DIRECT MURRAY MYERS NEXUS IS INC NOSAL WILLIAM A PADRE JANITORIAL SUPPLIES INC PARTY PRODUCTIONS RENTALS PAUU PENNYSAVER PESI POST POTTER PRO -EDGE KNIFE PROJECT DESIGN CONSULTANTS RAY RELIANCE STANDARD RUIZ SAN DIEGO MIRAMAR COLLEGE SANTILLAN SEWARD SHORT, CRAIG SOUTH BAY COMMUNITY SERVICES STAPLES ADVANTAGE STRATACOM SYSCO SAN DIEGO THE LINCOLN NATIONAL LIFE INS THE SOHAGI LAW GROUP PLC U S BANK CORPORATE PAYMT SYS VERIZON WIRELESS VERMEER PACIFIC ZIETLOW, DAVID SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 9 8/31/2010 DESCRIPTION ASSERTIVE SUPERVISION COURSE RETIREE HEALTH BENEFITS SEP'10 CA DAMAGES LAW & PROOF RETIREE HEALTH BENEFITS SEP'10 DVD/CD FLASH TOWER MEMORY RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 NEXUS PHONE SYSTEM RETIREMENT SETTLEMENT SEP 2010 JANITORIAL SUPPLIES FOR NUTRITION TABLE RENTAL/2010 STATE OF THE CITY RETIREE HEALTH BENEFITS SEP'10 ADVERTISEMENT/STATE OF THE CITY TOXIC ANGER TRAINING DIVISION RETIREE HEALTH BENEFITS SEP'10 RETIREE HEALTH BENEFITS SEP'10 KNIFE SHARPENING SVCS / NUTRITION CONSULTATION SERVICES AGREEMENT RETIREE HEALTH BENEFITS SEP'10 VTL SEP 2010 RETIREE HEALTH BENEFITS SEP'10 REGIONAL OFFICERS TRAINING REFUND -CANCELLED REGISTRATION TRAVEL REIMBURSEMENT RETIREE HEALTH BENEFITS SEP'10 PERSONNEL SERVICES SUBCONTRACT MOP# 45704. OFFICE SUPPLIES MOP# 63845. BUSINESS CARDS CONSUMABLES/NUTRITION CENTER LIFE & AD&D STD LTD SEP 2010 PROFESSIONAL SERVICES CREDIT CARD EXPENSES / POLICE VERIZON WIRELESS SERVICE ELEMENT PRIMARY #274255001 RETIREE HEALTH BENEFITS SEP'10 Start Date End Date 8/25/2010 8/31/2010 3/3 CHK NO DATE AMOUNT 238049 8/31/10 550.00 238050 8/31/10 100.00 238051 8/31/10 198.14 238052 8/31/10 280.00 238053 8/31/10 3,398.96 238054 8/31/10 150.00 238055 8/31/10 140.00 238056 8/31/10 405.00 238057 8/31/10 1,098.64 238058 8/31/10 792.27 238059 8/31/10 273.75 238060 8/31/10 340.00 238061 8/31/10 445.03 238062 8/31/10 759.96 238063 8/31/10 280.00 238064 8/31/10 150.00 238065 8/31/10 4E 238066 8/31/10 58,59: 238067 8/31/10 190.00 238068 8/31/10 2,627.18 238069 8/31/10 310.00 238070 8/31/10 195.00 238071 8/31/10 10.00 238072 8/31/10 372.00 238073 8/31/10 300.00 238074 8/31/10 23,738.71 238075 8/31/10 48.62 238076 8/31/10 95.49 238077 8/31/10 4,121.91 238078 8/31/10 9,385.91 238079 8/31/10 7,842.50 238080 8/31/10 254.50 238081 8/31/10 3,700.86 238082 8/31/10 244.54 238083 8/31/10 150.00 A/P Total 537,465.22 2,324 - - GRAND TOTAL $ 539,789.52 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5th, 2010 AGENDA ITEM NO.117 EM TITLE: [Warrant Register #10 for the period of 09/01/10 through 9/07/10 in the amount of $2,063,127.79 PREPARED BY: K. Apalategui DEPARTMENT: F PHONE: I619-336-4331! APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/01/10 through 09/07/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Retirement 238153 272,308.44 Service Period 8-10-4 I FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,063,127.79 BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: rrant Register #10 Warrant Register #10 9/7/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 261 CDC DEBT SERVICE FUND 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAUTRANSNET HIGHWAY 320 LIBRARY GRANTS 346 PROP 1 B 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 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 965,781.75 28,715.44 20,329.86 2,678.51 668.36 6,705.20 36,275.78 4,460.33 196.21 1,203.41 15,073.52 2,117.39 487.06 1,418.37 746.20 1,148.89 40,055.96 21,388.68 36.00 6,563.88 5,562.54 21,651.63 3,894.10 392.43 1,034.50 679,248.28 2,086.51 65,559.11 3,733.68 26,968.06 6,460.09 2,486.60 30,798.42 843.55 1,419.56 19,969.79 12,124.10 19,919.47 2,924.57 2,063,127.79 PAYEE ARTS WINDOW & CARPET SUPPLIES BAUTISTA BLUE HOUSE FAMILY CHILD CARE DAVEY TREE EXPERT CO KENTUCKY FRIED CHICKEN WALMART CLAIMS MANAGEMENT ASSOCIATES DE LA CUADRA GEORGE WATERS NUTRITION CENTER STAPLES ADVANTAGE DIXIELINE LUMBER CO. HARRIS & ASSOCIATES INC NINYO & MOORE PROJECT PARTNERS INC WADE & ASSOCIATES CITY OF ESCONDIDO CITY OF NATIONAL CITY COUNTY OF SAN DIEGO DELTACARE (PMI) HERRERA KAISER FOUNDATION HEALTH PLANS LA PRENSA SAN DIEGO LAW OFFICES OF DON DETISCH LOPEZ LORONA MACIAS METRO WASTEWATER JPA METROPOLITAN WATER DISTRICT PRO BUILD REYNOSO SASI STAPLES ADVANTAGE VCA EMERGENCY ANIMAL HOSPITAL ALL FRESH PRODUCTS ASSI SECURITY BANC OF AMERICA PUBLIC & BEARD BECK BRENNTAG PACIFIC INC CALIFORNIA BAKING CO. CARQUEST AUTO PARTS CONSTRUCTION ELECTRONICS INC COUNTY CLERK COUNTY OF S D COUNTY OF SAN DIEGO D-MAX ENGINEERING WARRANT REGISTER # 10 9/7/2010 DESCRIPTION BL ADMIN REFUND BL ADMIN REFUND BL ADMIN REFUND BL ADMIN REFUND BL ADMIN REFUND SUPPLIES/STATE OF THE CITY ADDRESS LIABILITY CLAIM COSTS / JULY 2010 FINANCIAL REPORT WORKSHOPS REFRESHMENTS FOR WESTSIDE INFILL MOP 45704 OFFICE SUPPLIES WHITE STRIPING SPRAY T AVE SIDEWALK SPECS ESTIMATE GEOTECH MAT TEST - MARINA GATEWAY PAVEMENT OVERLAY PROGRAM RESURFACING MARKOUT 10-11 - PROJECT FIREARMS ARMORER SCHOOL HARBOR DISTRICT REDEVELOPMT FINAL AB1290 FY 09 DENTAL INS PMI SEPTEMBER 2010 REFUND DIRECT DEP RETURNED KAISER RETIREES INS SEP 2010 NOTICE OF CANDIDATES PLAZA BLVD/KALESA LIABILITY CLAIM COSTS REFUND DIRECT DEP RETURNED REFUND DIRECT DEP RETURNED ANNUAL BUDGET FISCAL YEAR 10-11 HARBOR DISTRICT REDEVELOP MOP 45707 SOFT CASE THERAPY MASTER'S PROGRAM PROCESSING CHGS 8/01 - 10/31/10 MOP 45704 OFFICE SUPPLIES EMERGENCY VET CARE FOOD FOR NUTRITION CENTER CITY-WIDE CARD ACCESS PROJECT CAT LOADER LEASE PMT #18 /9/24/10 125 PLAN REIMBURSEMENT / SEPT 2010 125 PLAN REIMBURSEMENT / SEPT 2010 POOL CHEMICALS BREAD DELIVERY/ NUTRITION CENTER MOP 47557 AUTO PARTS SECURITY / FIRE ALARM T AVE NOTICE OF EXEMPTION REGIONAL COMM MAINTENANCE DEPOSIT#1374 STORM WATER SVCS 1/3 CHK NO DATE AMOUNT 238084 9/2/10 10.50 238085 9/2/10 10.50 238086 9/2/10 21.50 238087 9/2/10 10.50 238088 9/2/10 21.00 238089 9/2/10 256.27 238090 9/7/10 5,645.00 238091 9/7/10 281.80 238092 9/7/10 40.00 238093 9/7/10 4.28 238094 9/7/10 65.61 238095 9/7/10 1,140.00 238096 9/7/10 3,093.00 238097 9/7/10 91.50 238098 9/7/10 23,738.50 238099 9/7/10 400.00 238100 9/7/10 16.( 238101 9/7/10 19. 238102 9/7/10 3,398.43 238103 9/7/10 122.59 238104 9/7/10 19,919.47 238105 9/7/10 126.00 238106 9/7/10 4,738.52 238107 9/7/10 252.10 238108 9/7/10 50.00 238109 9/7/10 100.00 238110 9/7/10 15,864.00 238111 9/7/10 1.00 238112 9/7/10 25.61 238113 9/7/10 1,200.00 236114 9/7/10 243.00 238115 9/7/10 787.22 238116 9/7/10 531.19 238117 9/7/10 1,571.86 238118 9/7/10 17,006.25 238119 9/7/10 3,077.02 238120 9/7/10 104.06 238121 9/7/10 1,448.86 238122 9/7/10 935.29 238123 9/7/10 72.00 238124 9/7/10 24.cR 238125 9/7/10 84? 238126 9/7/10 50._ 238127 9/7/10 9,063.00 238128 9/7/10 2,924.57 PAYEE DAPPER TIRE COMPANY DELTA DENTAL (PMI) DOUCETTE FEDEX G & A AUTO AIR CONDITIONING HAMILTON MEATS & PROVISIONS HD SUPPLY PLUMBING HERNANDEZ HINDERLITER DE LLAMAS & ASSOC IAPMO ICC J & L JANITORIAL SUPPLY JOSSE JUDD ELECTRIC KILLACKY, KEVIN MAINTEX INC ILLER APA AUTO PARTS NATIONAL CITY CHAMBER OF PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CHEM CORP RIVERSIDE COUNTY SHERIFF DEPT RODRIGUEZ RPM WELDING INC SAM'S ALIGNMENT SERVICE SDG&E SHOEMAKER SILVA SORIANO SPARKLETTS SPARKLETTS WATER SYSCO SAN DIEGO TARGET SPECIALTY PRODUCTS TELLEZ TOM MOYNAHAN 11 S BANK CORPORATE PAYMT SYS AZQUEZ WARRANT REGISTER # 10 9/7/2010 DESCRIPTION TIRES FOR CITY FLEET DENTAL INS SEPT 2010 125 PLAN REIMBURSEMENT / SEPT 2010 FEDEX MAIL PROCESSING SERVICES AC SERVICE/DIAGNOSTIC CHECK V# 290 MEAT DELIVERY / NUTRITION CENTER PLUMBING MATERIALS REIMBURSEMENT FOR CONCEPT BOOK AUDIT SVCS. TRANS TAX QT1 2010 REGISTRATION 2010 CA PLUMBING CODE FIRE RESISTANCE DESIGN MANUAL SENSOR HAPA VACUUM 125 PLAN REIMBURSEMENT / SEPT 2010 INSTALL POWER BOX FOR CARD READER 125 PLAN REIMBURSEMENT / SEPT 2010 JANITORIAL SUPPLIES SUBSISTENCE & TRAVEL MOP 45735 AUTO PARTS SALUTE TO NAVY LUNCHEON SMOG CERTIFICATION & REPAIRS MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIALS MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 8-10-4 SL-572 GREEN TRACING DIE TABLETS TUITION: INTERMEDIATE TRAFFIC COLL 125 PLAN REIMBURSEMENT - SEPT 2010 MOP 45749 R&M BUILDINGS WHEEL ALIGNMENT GAS & ELECTRIC SERVICE 125 PLAN REIMBURSEMENT / SEPT 2010 125 PLAN REIMBURSEMENT / SEPT 2010 REIMBURSEMENT FOR CONCEPT BOOK SPARKLETTS WATER FOR NUTRITION WATER / MAYOR'S OFFICE CONSUMABLES FOR NUTRITION CENTER SEMINAR TARGET SPECIALTY PRODUCTS 125 PLAN REIMBURSEMENT / SEPT 2010 MOP 45734 R&M AUTO EQUIPMENT CREDIT CARD EXPENSES / COMM SVCS REIMBURSEMENT FOR CONCEPT BOOK CHK NO DATE 238129 9/7/10 238130 9/7/10 238131 9/7/10 238132 9/7/10 238133 9/7/10 238134 9/7/10 238135 9/7/10 238136 9/7/10 238137 9/7/10 238138 9/7/10 238139 9/7/10 238140 9/7/10 238141 9/7/10 238142 9/7/10 238143 9/7/10 238144 9/7/10 238145 9/7/10 238146 9/7/10 238147 9/7/10 238148 9/7/10 238149 9/7/10 238150 9/7/10 238151 9/7/10 238152 9/7/10 238153 9/7/10 238154 9/7/10 238155 9/7/10 238156 9/7/10 238157 9/7/10 238158 9/7/10 238159 9/7/10 238160 9/7/10 238161 9/7/10 238162 9/7/10 238163 9/7/10 238164 9/7/10 238165 9/7/10 238166 9/7/10 238167 9/7/10 238168 9/7/10 238169 9/7/10 238170 9/7/10 2/3 AMOUNT 75.29 13,889.60 2.91 27.20 595.12 359.54 176.40 75.80 2,861.78 170.00 23.67 899.84 384.60 451.91 672.24 1,232.11 668.36 298.49 50.00 115.76 498.43 202.20 660.15 201.12 272,308.44 457.96 194.00 780.40 498.75 72.00 1,812.81 221.00 1,500.07 75.80 3.78 11.20 802.44 180.00 614.93 50.00 2,367.40 75.80 A/P Total 425,964.63 PAYEE SECTION 8 HAPS PAYMENTS 3/3 WARRANT REGISTER # 10 9/7/2010 DESCRIPTION CHK NO DATE AMOUNT Start Date End Date 9/1/2010 9/7/2010 659,240.83 PAYROLL Pay period Start Date End Date Check Date 18 8/10/2010 8/23/2010 9/1/2010 Special Payroll 9/1/2010 974,208.50 3,713.83 GRAND TOTAL $ 2,063,127.79 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO.18 .. EM TITLE: (Public Hearing: Accept public comments on an impending remediation project to be conducted by the Community Development Commission ("CDC") at 835 Bay Marina Drive. j PREPARED BY: Patricia Bear PHONE: 14251 EXPLANATION: DEPARTMENT:Redevelopment Division APPROVED BY: On July 6, 2010 the City Council approved a Sub -grant Agreement with the CDC to provide federal funding for a remediation project at 835 Bay Marina Drive. The source of funds is a US Environmental Protection Agency ("EPA") grant awarded to the City in 2009. EPA requires that an opportunity for public comment is provided prior to the use of its funds for local remediation projects, which this public hearing provides. Upon demolition of the Quonset huts and small industrial building that previously occupied this Harbor District site unexpected burn ash was discovered. Demolition was immediately halted so that investigation of the bum ash could be conducted and it was discovered that an estimated 250 cubic yards of soils contaminated with petroleum and metals at Tess than 5 feet below grade must be removed and disposed of prior to redevelopment. The remediation will be overseen by the San Diego County Department of Environmental Health. All appropriate dust and run-off prevention measures are being planned for the project and no interruption to traffic will occur. Streetscape improvements recently npleted in the area will be protected. Staff desires for the City Council and public to know that this iediation project is scheduled to commence and be complete this calendar year ad to hear any comments or concerns prior to commencing the work. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Minor remediation project are Categorically Exempt per Section 15330 of CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Hold the Public Hearing.. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Locator map • MOM. u �,1/4 't^1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 19 M TITLE: Public Hearing — An Amendment to the National City Municipal Code Amending Chapter 18.62 Pertaining to Signs and Outdoor Advertising Displays. (Applicant: City of National City.) (Case File No. 2010-27 A) (Companion Item # ) PREPARED BY: Peggy Chapin PHONE: Ext.4319 DEPARTMENT: Development Services/Planning APPROVED BY� EXPLANATION: On August 12, 2010, the Council approved an urgency ordinance to allow more than one temporary sign on residential properties. Since that time, the Planning Commission considered amending the land use code in the traditional manner. The Land Use Code Amendment is consistent with the urgency ordinance providing for temporary signs up to six square feet in size and larger signs, up to sixteen square feet on corner lots, without a limit on the number of signs on any parcel. Temporary signs must be removed within ten days of the event. On September 20, 2010 the Commission recommended approval. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA Section 15061 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approval. BOARD l COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Amendment to Chapter 18.62 of the Municipal Code on September 20, 2010 Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS: Planning Commission Staff Report Planning Commission Resolution Title: Item no. 12 September 20, 2010 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING - AN AMENDMENT TO THE NATIONAL CITY MUNICIPAL CODE AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS Case File No.: 2010-27 A Project Location: Citywide Staff report by: Peggy Chapin, Principal Planner Applicant: City Initiated Environmental review: Exempt pursuant to CEQA Section 15061 BACKGROUND On August 12, 2010, the City Council initiated an urgency ordinance (Ordinance No. 2010-2345) to amend the City's sign ordinance to allow an increase in the size and number of temporary signs in residential zones. The City's current sign ordinance permits temporary signs on residential properties a maximum of one sign no greater than six square feet or two -by -three -feet. The purpose of this amendment is to consider formal amendments to the sign code to increase the size and number of temporary signs on residentially zoned properties. DISCUSSION Section 18.62.170 of the Land Use Code allows temporary signage for residentially property to install signs no greater than six square feet, which generally equates to one sign, two -by -three feet. In order to encourage residents to exercise their right to free speech, especially during local, state and federal events, by installing signs in their front yards on a temporary basis. Currently, residents who place more than a single two -by - three foot sign on their property are violating the Municipal Code and may be subject to enforcement action of either a civil or criminal nature. The City seeks to also preserve the health of its community by placing reasonable limitations on temporary signage for i aesthetic purposes. For preservation of the public peace, health, and safety, an amendment to Section 18.62.170 of the Municipal Code is suggested to remedy what is currently a one -sign limit on residential parcels by allowing temporary signs of limited size on residential parcels. It is essential to protect the public peace, health, safety and welfare of the citizens of the City of National City to amend the Land Use Code to allow the display of more than a single two -by -three sign on their residential parcel. The proposed Land Use Code Amendment would allow temporary signs up to six square feet in size and larger signs, up to sixteen square feet on corner Tots, without a limit on the number of signs on any parcel. CONCLUSION The City's sign ordinance as currently written should be amended to allow more flexibility in promoting public involvement and participation in local, state, and federal events of a temporary nature. RECOMMENDATION Recommend approval of the draft changes to Title 18 (Zoning) of the Municipal Code based on the attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Urgency Ordinance No. 2010-2345 3. Draft Amendment to Chapter 18.62.170 4. Notice of Exemption 5. Public Hearing Notice (published in the Union Tribune) PEGAPIN Principal Planner RYAM BABAKI Director of Development Services 2 RECOMMENDED FINDINGS FOR APPROVAL 1. That the City's sign ordinance is being amended since the ordinance only provides for the installation of one two -by -three foot sign on residentially zone property and as such does not provide adequate opportunity for the public to exercise their right to free speech by placing signs in their front yards on a temporary basis, especially for events of a local, state, and federal nation 2. That the amendment to the City's sign ordinance is necessary to preserve the health of its community by placing reasonable limitations on temporary signage for aesthetic purposes by providing opportunities for free speech yet limiting the time that temporary signs may be installed to ensure the residential nature of the community. 3. That the amendment to the City's sign ordinance is necessary since the residents of the City of National City, by placing more than a single two -by -three foot sign on their property, are subject to possible enforcement action of either a civil or criminal nature and the amendment would remove this unreasonable and unnecessary burden on the residents and the City's enforcement division. 3 RESOLUTION NO. 28-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE NATIONAL CITY MUNICIPAL CODE AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS. APPLICANT: CITY OF NATIONAL CITY. CASE FILE NO. 2010-27 A WHEREAS, Section 18.62.170 of the National City Municipal Code restricts residential parcels to temporary signage no greater than a total of six square feet, which generally equates to a single two -by -three foot sign; and WHEREAS, the public seeks to exercise their right to free speech through signs in their front yards on a temporary basis, especially for events of a local, state, or federal nature; and WHEREAS, currently, the residents of National City cannot place more than a single two -by -three foot sign on their property without violating the Municipal Code and subjecting themselves to possible enforcement action of either a civil or criminal nature; and WHEREAS, the City of National City seeks to also preserve the health of its community by placing reasonable limitations on temporary signage for aesthetic purposes; and WHEREAS, for the immediate preservation of the public peace, health, and safety, the City of National City seeks to amend Section 18.62.170 (D) of the Municipal Code to remedy what is currently a one -sign limit on residential parcels by allowing temporary signs of limited size on residential parcels; and WHEREAS, the Planning Commission finds it essential to protect the public peace, health, safety and welfare of the citizens of the City of National City to recommend approval of this amendment to Chapter 18.62 of the Municipal Code allowing the display of more than a single two -by -three foot sign on their residential parcel. WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18.62; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on September 20, at which time the Planning Commission considered evidence; and, 4 WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2010-27 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented 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 hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on September 20, 2010, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO CHAPTER 18.62 OF THE NATIONAL CITY MUNICIPAL CODE 1. That the City's sign ordinance provides for the installation of one two -by -three foot sign on residentially zone property and as such does not provide adequate opportunity for the public to exercise their right to free speech by placing signs in their front yards on a temporary basis, especially for events of a local, state, and federal nation That the amendment to the City's sign ordinance is necessary to preserve the health of its community by placing reasonable Limitations on temporary signage for aesthetic purposes by providing opportunities for free speech yet limiting the time that temporary signs may be installed to ensure the residential nature of the community. 3. That the amendment to the City's sign ordinance is necessary since the residents of the City of National City, by placing more than a single two -by -three foot sign on their property, are subject to possible enforcement action of either a civil or criminal nature and the amendment would remove this unreasonable and unnecessary burden on the residents and the City's enforcement division. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said proposed amendment for Council consideration and approval thereafter. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the City Council. 5 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 20, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: CHA 1RP - ' SON 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 20 EM TITLE: An Ordinance of the City Council of the City of National City Amending Chapter 18.62 of the National City Municipal Code by amending subsection D of Section 18.62.170 pertaining to Temporary Signs in Single-family Residential Zones. (Applicant: City of National City.) (Case File No. 2010-27 A) (Companion Item # ) PREPARED BY: Peggy Chapin v PHONE: Ext.4319 DEPARTMENT: Development Services/Planning APPROVED BY: EXPLANATION: Earlier a public hearing was conducted to consider an amendment to the City's sign ordinance to provide for more than one temporary sign on a parcel in the residential zone. The attached Ordinance provides the specific language to Title 18 of the Land Use Code to amend the size and number of temporary signs within residential zones. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA Section 15061 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Amendment to Chapter 18.62 of the Municipal Code on September 20, 2010. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Proposed Ordinance ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.62 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SUBSECTION D OF SECTION 18.62.170 PERTAINING TO TEMPORARY SIGNS IN SINGLE-FAMILY RESIDENTIAL ZONES WHEREAS, the public seeks to exercise their right to free speech through signs in their front yards on a temporary basis, especially for events of a local, state, or federal nature; and WHEREAS, the City of National City seeks to also preserve the health of its community by placing reasonable limitations on temporary signage for aesthetic purposes; and WHEREAS, for the preservation of the public peace, health, and safety, the City of National City seeks to amend Section 18.62.170 (D) of the Municipal Code to remedy a one - sign limit on residential parcels by allowing temporary signs of limited size on residential parcels; and WHEREAS, on September 20, 2010, at a duly noticed public hearing, the Planning Commission of the City of National City considered said amendment and evidence presented in the staff report provided for case file 2010-27 A, and at which time recommended the City Council approve said amendment, and WHEREAS, the City Council finds it essential to protect the public peace, health, safety and welfare of the citizens of the City of National City to enact this ordinance allowing the display of more than a single two -by -three foot sign on their residential parcel. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Chapter 18.62 of the National City Municipal Code is hereby amended by amending Subsection D of Section 18.62.170 to read as follows: 18.62.170 Temporary signs permitted in all zones. D. Additional temporary signs erected due to an event are permitted as follows: 1. Commercial/manufacturing/multi-family/institutional zones. a. One or more temporary signs, each of which is thirty-two square feet or less in area, shall be permitted per parcel. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This Section shall not apply to existing billboards. d. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single-family residential zones. a. One or more temporary signs, each of which is six square feet or less in area, shall be permitted per parcel. b. A parcel that is a corner lot can also have up to two signs greater than six square feet in area, but less than or equal to sixteen square feet in area per parcel. Ordinance No. 2010 — Page 2 c. Permission of the property owner or occupant where the sign is placed shall be required. d. No temporary signs are permitted in the public right-of-way. PASSED and ADOPTED this day of ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney , 2010. Ron Morrison, Mayor Ordinance No. 2010 — 2 18.62.170 - Temporary Signage CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 21 'EM TITLE: Resolution of the City Council of the City of National City requesting SANDAG, acting as the San Diego County Regional Transportation Commission, to provide advanced funding through debt financing for use on Transnet eligible projects and refinance the variable rate commercial paper of $3,366,000 into fixed rate bonds from FY 2011 until FY 2021 (10 years). (Finance) PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT: Fn PHONE: 336-4331 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Additional revenue will be recognized in Revenue account 307-00000-3466 and appropriations will revised via Resolution as additional projects are identified by the Development Services Department. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the attached resolution and memorandum of agreement with SANDAG, acting as the San Diego County Regional Transportation Commission, and submit to SANDAG for execution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution _, Memorandum of Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING SANDAG, ACTING AS THE SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION, TO PROVIDE ADVANCED FUNDING THROUGH DEBT FINANCING AND REFINANCE THE VARIABLE RATE COMMERCIAL PAPER OF $3,366,000 INTO FIXED RATE BONDS WHEREAS, San Diego Association of Governments, acting as the San Diego County Regional Transportation Commission (SANDAG), is responsible for the administration of programs under the TransNet Extension Ordinance (Proposition A, November 2004), which sets forth permitted uses for revenues from a'/2 cent transactions and use tax in San Diego County (TransNet Extension Program); and WHEREAS, to accelerate the implementation of TransNet tax funded projects, SANDAG has established a debt financing program to provide advanced funding for eligible projects under the TransNet Extension program; and WHEREAS, SANDAG requires that an agency receiving proceeds from the TransNet debt financing program shall be responsible for its proportionate share of the ongoing interest and related administrative costs from the date debt is issued until the final principal and interest amounts of the loan applicable bonds are fully repaid; and WHEREAS, on April 1, 2008, Resolution No. 2008-51 authorized the City to receive advanced funding of $4.5 Million of the City's share of TransNet funding. The City agreed to pay its proportionate share of the annual interest and administrative costs of the commercial paper program; and WHEREAS, in July 2010, SANDAG notified member agencies of its intent to issue long term bonds. The bond issue provides an opportunity for the City to refinance the variable rate commercial paper of $3,366,000 to a fixed bond rate from fiscal year 2011-2021; and WHEREAS, the following project being implemented by the City of National City has been approved or are being submitted by SANDAG through the TransNet Extension Program of Projects in the 2010 Regional Transportation improvement Program, and would benefit from the availability of advance funding: REFINANCE VARIABLE RATE COMMERCIAL PAPER $3,366,000 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That the City Manager is hereby authorized to request advance funding from SANDAG through the TransNet debt financing program in an amount not to exceed $3,366,000. 2. That the City Manager is hereby authorized to execute any necessary documents relating to the receipt of said funds from SANDAG, including but not limited to a Memorandum of Agreement (MOA) in substantially the same form as attached to this Resolution (Attachment 1). Resolution No. 2010 — Page 2 3. That the City of National City will be responsible for paying its proportionate share of bond issuance costs and the annual interest and administrative costs of the TransNet debt financing program based on the ratio of the amount of financing provided to the City of National City compared to the total debt outstanding for each fiscal year. 4. That SANDAG will deduct said bond issuance costs and interest and administrative costs from the monthly TransNet tax allocations for the City of National City prior to remitting any remaining TransNet tax proceeds for projects of the City of National City. 5. That the City of National City will repay to SANDAG the principal amount borrowed according to the Payment Schedule that will be attached to the proposed MOA. 6. That the first priority use of the City of National City's annual allocation of TransNet revenues shall be payment of the principal amount borrowed according to the Payment Schedule and any issuance costs, administrative costs and interest due. The City of National City agrees not to subordinate SANDAG's lien on the TransNet revenues to any other claim upon these funds. BE IT FURTHER RESOLVED that the City of National City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to projects financed through funding provided under the MOA. PASSED and ADOPTED this 5th day of October, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney MEMORANDUM OF AGREEMENT BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS, ACTING AS THE SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION AND THE CITY OF NATIONAL CITY REGARDING DEBT FINANCING THROUGH THE TRANSNET PROGRAM This Memorandum of Agreement ("MOA") is made and entered into effective as of this 5TH DAY of OCTOBER, 2010, by and between the San Diego Association of Governments, acting as the San Diego County Regional Transportation Commission ("SANDAG") and the City of National City RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, SANDAG serves as the San Diego County Regional Transportation Commission, and in that role is responsible for the administration of programs under the TransNet Extension Ordinance (Proposition A, November 2004), which sets forth permitted uses for revenues from a /2 cent transactions and use tax in San Diego County (TransNet Extension Program); and WHEREAS, in order to accelerate the implementation of TransNet tax funded projects. SANDAG has established a debt financing program to provide advanced funding for eligible projects under the TransNet Extension Ordinance; and WHEREAS, SANDAG requires that an agency receiving proceeds from the TransNet debt financing program shall be responsible for its proportionate share of the issuance costs, as well as the ongoing interest and related administrative costs from the date the proceeds are received until the principal amount of the loan is fully repaid; and WHEREAS, the City of National City wishes to borrow S3,366,000 through the TransNet debt financing program for the refinance of variable rate commercial paper; and WHEREAS, the parties wish to memorialize their agreement in this MOA to carry out the purposes set forth above; AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. To lend the City of National City S3,366,000 through the TransNet debt financing for the refinance of variable rate commercial paper subject to certain conditions set forth below and SANDAG Board Policies concerning TransNet Extension Program loans. C-70229 (Rev 09/05) 2. SANDAG will transfer the borrowed funds to the City of National City within 30 days following a request for reimbursement of valid expenditures for the refinance of variable rate commercial paper THE CITY OF NATIONAL CITY AGREES: 3. The governing body of the City of National City at its October 5, 2010 meeting approved the request to borrow S3,366,000 through the TransNet debt financing program for the refinance of variable rate commercial paper. 4. The City of National City agrees to use the funding provided under this MOA solely for the refinance of variable rate commercial paper. 5. The City of National City will pay its proportionate share of the bond issuance costs, and annual debt service costs which include principal and interest payments, and annual administrative costs from the date the debt is issued until the final principal and interest amounts of the applicable bonds are fully repaid. 6. The repayment of debt, in all cases, shall be the first priority on the use of the City of' National City's annual TransNet revenues. the City of National City agrees not to subordinate SANDAG's lien on the TransNet revenues to any other claim upon these funds. The amounts to be deducted and the terms of repayment (if appropriate) are estimated and set forth in the Repayment Schedule, which is Attachment A hereto. 7. The City of National City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to projects financed through funding provided under this MOA. THF. PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOA are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOA may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG For the City of National City 401 B Street, Suite 800 1243 National City Blvd San Diego, CA 92101 National City, CA 91950 Attn: Director of Finance Attn: Director of Finance 3. That unless it is amended by the parties in writing, this MOA shall terminate on the date the final principal and interest amounts of the applicable bonds are fully repaid or on such earlier or later date as the parties may agree to in writing. 4. The indemnification provisions of this MOA shall survive termination of the MOA. 5. This MOA shall be interpreted in accordance with the laws of the State of California. if any action is brought to interpret or enforce any term of this MOA, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 2 C-70229 (Rev 09/05) 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOA, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOA shall be valid unless made in writing, and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOA is intended to create duties or obligations to or rights in third parties to this MOA or affect the legal liability of the parties to this MOA to third parties_ 10. This MOA may be executed in any number of identical counterparts, each of which shall he deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. 11. This MOA may be executed and delivered by facsimile signature, and a facsimile signature shall be treated as an original. IN WITNESS WHEREOF, the Parties hereto have executed this MOA effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS THE CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director CHRIS ZAPATA City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel CLAUDIA G. SILVA Legal Counsel 3 C-70229 (Rev 09/05) On April 1, 2008, Resolution No 2008-51 authorized the City to receive advanced funding of $4.5 million of the City's share of TransNet funding. The City agreed to pay its proportionate share of the annual interest and administrative costs of the commercial paper program. The City further agreed to repay the principal amount borrowed in equal installments of $900,000 each fiscal year beginning in FY 2009 and ending in FY 2013. Under this program, the City budgeted to receive approximately $200,000/year in Proposition A funding until 2013. In July 2010, SANDAG notified member agencies of its intent to issue long term bonds. The bond issue provides an opportunity for the City to refinance the variable rate commercial paper to a fixed bond rate from FY 2011-2021. Under the new debt service payment schedule, the estimated payment is not anticipated to exceed $400,000 and the City will realize an increase in Proposition A's cash flow of at least $700,000 annually. On Friday, September 24, 2010, SANDAG presented to its Board of Directors the Draft documents of the 2010 Bond Issuance. It is anticipated that the earliest closing date would be November 10, 2010 and final debt service payments for the City of National City will be determined at that time. In order for the City to refinance the outstanding balance of the commercial paper, the City Council must approve a Resolution requesting SANDAG, acting as the San Diego County Transportation Commission, to provide the advanced funding through debt financing and refinance the variable rate commercial paper. In addition, the City Council must authorize the City Manager to execute the Memorandum of Agreement between SANDAG and the City of National City regarding the debt financing and any other necessary documents related to the funds from SANDAG. Below is a forecast of the Proposition A allocation through 2022: 'scat pliocation.* Maintenance Allocation 2011 741,013 311,000 42.. 767985 311,000 2013 809,380 311,000 24 t` 874,130 311,000 2015 932,697 311,000 2t16, 981025 311,000 2017 1,028,546 311,000 20 18: 1,07`7,598 2019 1,129,298 311,000 (356,124) 1,084,174 2020 1,182092 311,000 (357,581) 1,135511 2021 1,245,546 311,000 (355,747) 1,200,799 2022 1,310,379 311,000 0 1,621,379 Allocation adjusted using the annual growth rate provided by PFM, SANDAG Financial Advisor. " " Staff estimated a flat maintenance allocation for forecasting purposes only. Debt Available, Service Balance (227,662) 824,351 (355,334) 723,651 (356,135) 764,245 (356,294) > 28,836 (355,558) (356,076) (355,441) 888,139 935,9449 984,105 311,000 (356,244) 1,032,354,; CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 22 EM TITLE: Notice of Decision — Planning Commission approval of a Modification of a Planned Development to allow a 9,210 square foot expansion and an ATM kiosk at an existing retail planned development at 855-901 Euclid and 2525-2531 East Plaza Boulevard. (Applicant Euclid Plaza LP) (Case File 2010-22 PD) PREPARED BY: Peggy Chapin DEPARTMENT: Deve niy9lics/Planning. PHONE: 336-4319 APPROVED BY; EXPLANATION: Euclid Plaza LP, property owners of the commercial center located at the northeast corner of Euclid Avenue and E. Plaza Blvd, propose to construct two additional retail/office buildings totaling 9,210 sq. ft. The center is known as the prior Ralph's Supermarket. Currently improvements are underway to renovate the center for a Vallarta Supermarket. The proposed two buildings would extend Vallarta building to the north and south. Exterior architecture would be consistent with the Vallarta facade improvements including columns, archways, tile, and a varied color scheme. The applicant proposes to reconfigure the parking lot in order to provide 278 parking spaces and additional landscaping. The Planning Commission conducted a public hearing on September 20, 2010. There were no concerns noted from area residents. Commissioners asked questions regarding existing traffic and design. The Commission voted to approve the modification to the PD based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: A Categorical Exemption was prepared pursuant to Class 1(c) Section 15301, Existing Facilities. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 26-2010 4. Reduced Plans - SO E. 6tn St. 1 NJ 1A A i O 0 N O O 1 CO A - -_. 1 i IP=PD '' 1 1 - M ' �\ 11\CL —i 902 II \ ♦ I -♦ i i 1000 1 < CL-PD 1 L W 836 910 RM-2-PD L 1 - E-12th Sti • CGt PD-OS N CG-PD �J RS-2 Subject Parcel - - - Zone Boundary N U 7 1 N N C7t O _Plaza Blvd I I 1 II 1 1 S 1 O v N 0 O 0 CG-PD N O 1 — — Am- ----_ I IC -OS I U IFeet 0 125 250 500 APN: 558-010-35 43, 48 & 55 Planning Commission Location Map 2010-22 PD 1 0:9_01.10 Item no. 8 September 20, 2010 I - CAU OIRNI* N1 WC Y \ �tiapdkwx8o CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Title: Case File No: Location: Assessor's Parcel No.: Staff report by: Applicant/Property Owner: Architect: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — A MODIFICATION TO A PLANNED DEVELOPMENT TO ALLOW A 9,210 SQUARE FOOT EXPANSION AND AN ATM KIOSK TO AN EXISTING RETAIL PLANNED DEVELOPMENT. 2010-22 PD 855 - 901 Euclid Avenue and 2525 — 2531 East Plaza Boulevard at South East Corner of Plaza Boulevard and Euclid Street 558-010-35, 43, 48, and 55 Peggy Chapin, Principal Planner Euclid Plaza L P T.W. Layman Associates Limited Commercial and Limited Commercial — Planned Development (CL-PD) 7.34 acres (total of 4 parcels) Multi -family limited residential (apartments) / RM-2-PD Multi -family limited residential (apartments) / RM-2-PD General Commercial — Planned Development (Retail/Office) / CG General Commercial Planned Development (Retail) / CG Categorical Exemption — Class 1(c) Section 15301, Existing Facilities (Does not result in an increase of greater than 10,000 square feet.) 2 BACKGROUND Location and Zoning The 7.4-acre project site is located in the eastern portion of the City, east of Interstate 805. The retail center is located at the northeast comer of Euclid Avenue and Plaza Boulevard. The site consists of four parcels, with CL-PD zoning encompassing three parcels and CL zoning on the northern parcel. History Originally, the site was developed as a Fed -Mart (Case file No. PD 26, June 1970). Most recently, it has been known as the Ralph's and Firestone Tire Store center. A 6,250 square foot Blockbuster Video was constructed in 1994 where previously a gas station and car wash was located (Case file No. PD 1994-5, June 17, 1994) at the southwestem portion. A 14,560 square foot Walgreens is located on the northem parcel in the CL zone. Ralph's vacated the site in 2009. Since then, a Vallarta grocery store has been completing interior renovations and facade improvements to the old Ralph's supermarket. Since Vallarta did not propose to increase the floor area of the building a modification of the Planned Development was not required. Vallarta's is scheduled to open in October 2010. Request The applicant proposes to expand the center by constructing two additional retail buildings totaling 9,210 square feet and an ATM kiosk within the center. Since the zoning is CG-PD, an increase in floor area required the applicant process a Planned Development application. The proposed retail buildings are shown on the site plan as buildings E and F. Building E would be located at the northern side of the Vallarta and would contain 3,000 square feet of retail/office space with three suites. Building F would be located at the south end of Vallarta, containing 6,090 square feet of retail/office space with five suites. The drive -up Automated Teller Machine is proposed within the parking lot to the west of Building F. Analysis Concerns typically associated with commercial centers include parking, traffic, and architectural design and landscape features. These issues are discussed below: Parking: The existing commercial center includes 3 retail buildings, Vallarta (41,258 sf), Walgreens (14,560 sf), and Blockbuster (6,250 sf) and Firestone Tire Center (5,995 sf) and a total of 338 spaces. The proposed site plan reflects 77,273 square feet of retail/office space at the neighborhood commercial center. The land use code requires one parking space for each 200 square feet of gross leased area (GLA) or in this case 387 spaces. The applicant proposes to reconfigure the parking lot to provide 378 spaces by increasing the number of spaces to the south of the proposed Building F, adjacent to the Firestone Tire Center and to the north of the proposed building E. Typically the tire center would only require one space for each 800 square feet of GLA, or eight spaces. Considering parking for just the retail/office uses of 71,028 GLA (77,273 sf — 5,995 sf = 71,028) only 355 spaces would be required. 3 Traffic: The commercial center is an existing center on the comer of two arterial roads within the city designed to accommodate major local traffic and providing circulation to major destination points_ The increase of 9,210 square feet of GLA equates to a floor area increase of less than 15%. The existing road network is designed to accommodate the increase in traffic. Architectural Design and Landscape Features: The existing Vallarta Supermarket was originally constructed in 1970 as a Fed Mart. The design was typical of a large box retail with flat wall planes and limited color and building material variation. As part of the Vallarta renovations that are currently underway, the exterior improvements include construction of pillars, archways, Spanish tile and brick elements on the facade, and color palette of yellow, beige, green, and peach with dark brown molding. The applicant proposes to extend those architectural elements to the building expansion for buildings E and F as reflected on Sheet A 3.0. The proposed architectural design meets the City's Design Guidelines since the design offers integrates the design of the Vallarta Supermarket by carrying through the columns, archways, varied building materials and consistent color scheme. The current center, while well maintained, lacks enhanced landscaping. The applicant proposes to enhance the existing landscaping by installing 24-inch box Australian Willow trees and 20- foot tall Queen Palm trees throughout the site. Additionally, the landscaping and irrigation system will be installed to comply with the City's Water Efficient Landscape Regulations. Comments Received Sweetwater Authority proved comments on July 29, 2010 (copy attached). Based on the Authority's evaluation, additional analysis will be required at the time of building permit submittal to determine if the existing water service meets the Fire Department's requirements for water suppression. A condition has been included in the recommended Conditions of Approval. Comments from both the Engineering Division and Fire Department are attached and incorporated in the recommended Conditions of Approval. Summary The proposed expansion will increase retail services to the community and upgrade an existing commercial center. Adequate parking will be provided for the existing and proposed development. Proposed architectural design integrates the Vallarta supermarket facade improvements serving to further enhance the site. Recommendation Staff recommends approval of the Modification of the Planned Development_ 4 Attachments 1. Findings for Approval 2. Location Map 3. Recommended Conditions of Approval 4. Site Plan and Architectural Plans 5. Aerial Photo 6. Notice of Exemption 7. Public Notice 8. Sweetwater Authority Comments dated July 29, 2010 PEGHAPIN Principal Planner MARYAM BA Director of Development Services 5 RESOLUTION NO. 26-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MODIFICATION TO A PLANNED DEVELOPMENT TO ALLOW A 9,210 SQUARE FOOT EXPANSION AND AN ATM KIOSK AT AN EXISTING RETAIL PLANNED DEVELOPMENT. APPLICANT: EUCLID PLAZA L.P. CASE FILE NO. 2010-27 PD WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for the construction of two additional retail buildings totaling 9,210 square feet and an ATM kiosk at a 68,063 square foot existing commercial center at 855 - 901 Euclid Avenue and 2525 — 2531 East Plaza Boulevard, at a duly advertised public hearing held on September 20, 2010 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2010-22 PD, 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 hearing held on September 20, 2010, support the following findings: That the site for the proposed use is adequate in size and shape, since the 7.5- acre property can accommodate the development of an additional 9,210 square feet at the existing commercial center without exceeding maximum lot coverage allowed per the Land Use Code, and also provide the necessary parking and landscaping per Land Use Code requirements. 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 existing center fronts on two roadways dassified as major arterials within the City's General Plan and as such both Euclid Avenue and Plaza Boulevard have sufficient capacity to handle the additional trips created by the project. 6 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the City's Design Guidelines, the project provides enhanced landscaping and is consistent with the City's Water Efficient Landscape Regulations. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new retail opportunities for the residents of the City, as well as revitalize an underutilized commercial center, and update the existing center through high quality design. BE IT FURTHER RESOLVED that the application for Planned Development Permit for the construction of two additional retail buildings totaling 9,210 square feet and an ATM kiosk at 855 - 901 Euclid Avenue and 2525 — 2531 East Plaza Boulevard is approved subject to the following conditions: General 1. This Planned Development Permit authorizes the addition of 9,210 square feet of retail/office space and a drive -up Automated Teller Machine at an existing commercial center. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibits A dated May 8, 2010, Case File No. 2010-22 PD. 2_ Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Planned Development 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 Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development 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 7 the City Attorney and signed by the Development Services Director prior to recordation_ Building 6. All plans shall comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7 Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 9_ A grading plan prepared by a civil engineer licensed by the State of California shall be submitted showing all earthwork. 10. A soils engineering report shall be submitted for the Engineering Department's review, 11. The site is located in a Flood Hazard Area Flood Zone X according to FIRM Map Panel No. 06073C1912 F dated June 19, 1997. 12. Standard Best Management Practices for water quality shall be used and shown on the grading plans_ 13. An engineer's cost estimate shall be submitted for all work being proposed in the grading plan_ 14. A plan check fee equal to cost percent (3%) of the total estimated engineers cost estimate shall be submitted with the plans. Fire 15_ The project is to be in compliance with the current editions of NFPA, CFC, title 19 and local City of National City Municipal Codes. 16. Commercial expansion shall be evaluated for life safety systems such as sprinkler and fire alarm protection. 17. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permits for review and permitting. Fees along with three (3) sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 18. A contractor's license is required for fire sprinkler and alarm design plans. Fire Protection Systems require a C-16 license and Fire Alarm Systems require a C- 10 license. The contractor's stamp shall be visible on all sets of plans. 19. Approved fire apparatus access roads shall be provided for every facility, building or portion of the building hereafter constructed or moved into or within 8 the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions if the exterior walls if the first story of the building as measured by an approved route around the exterior of the building or facility, 20. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet wide, an unobstructed vertical clearance of not less than 14 feet high and the ability to support the load of an emergency fire apparatus of 75 thousand pounds or greater. 21. Fire hydrants to be located throughout the project as not to have a separation of greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which are roadway accessible. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet (measurement starts from nearest existing fire hydrant to project). 22. During construction, the project shall follow Chapter 14 of the CFC edition "Fire Safety during Construction Alteration or Demolition of a Building". Planning 23. A landscape and below -grade irrigation plan shall be submitted that reflects the approved Landscape and irrigation concept plan and shall comply with the City's Water Efficient Landscape Regulations. The plans shall be submitted with the building permits for review and approval by the Planning Division. The landscape plans shall provide location of and detail for an enclosed trash enclosure with a solid cover. 24. At time of building permit submittal, the proposed design of the trash enclosures shall show adequate provisions for the separation of recyclable items from trash pursuant to section 9.52 of the National City Municipal Code. 25. The building plans for buildings E and F shall reflect consistent design elements, building materials, and exterior color palette with the Vallarta Supermarket as indicated on the plans dated May 8, 2010. Any modification to these plans shall be approved by the Planning Division prior to construction. 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. 9 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 20, 2010, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores CH IA RMAN 10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 23 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Anthony's Mexican and Pizza Restaurant at 1526 East 18th Street. (Applicant Hana Kizy) (Case File 2010-24 CUP) PREPARED BY: Martin Reeder DEPARTMENT: Develop cs/ fanning. PHONE: 336-4313 APPROVED BY: EXPLANATION: Anthony's Mexican and Pizza Restaurant proposes to offer beer and wine for on site consumption during the hours of noon to 10:00 p.m. seven days a week. Beer is to be available both in bottles and draft (including pitchers), and wine by the glass or bottle. Alcohol would be stored in the rear of the restaurant and brought by a server upon request. No off -site alcohol consumption or sale is proposed. The Planning Commission conducted a public hearing on September 20, 2010. There were no concerns noted from area residents. Commissioners asked questions regarding conditions of approval and other alcohol outlets in the area. The Commission voted 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) 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: Alvarado, DeLaPaz, Farias, Flores Pruitt, Reynolds. Absent: Baca. ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 27-2010 4. Reduced Plans BACKGROUND Site Characteristics The project site is an existing restaurant located within a small neighborhood commercial center at the southwest corner of Palm Avenue and East 18th Street. The restaurant (Anthony's Mexican and Pizza Restaurant) has been in business since June of 2008, and offers dine in as well as food delivery service. The lot is developed with two buildings, one on the east side adjacent to Palm Avenue and the other on the west side adjacent to an alley off of East 18th Street. The Anthony's occupies the western building; a market and video rental business occupies the eastern building. There are 14 parking spaces located in a small parking lot between the two buildings. Proposed Use The applicant is proposing to offer beer and wine for on site consumption. All alcohol products would be stored in the rear kitchen and storage area and would be brought to the table by a server. A display case at the point of sale would be used to display examples of the beers sold. Beer is to be available both in bottles and draft (including pitchers), and wine by the glass or bottle. Alcohol is proposed to be available during normal business hours, which are 9:00 a.m. to 10:00 p.m. seven days a week. Consistent with prior beer and wine CUPs, staff is recommending that alcohol sales be limited to 12:00 p.m. until closing at 10:00 p.m. Although prepared meals are available for both on and off -site consumption, no off -site alcohol consumption or sale is proposed. Analysis Alcohol Chapter 18.71 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.71.030, a community meeting was held Wednesday, August 3, 2010 at 6:00 p.m. in the restaurant. The applicant states that all owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, eight persons attended the meeting, including representatives from the Institute for Public Strategies (IPS), the National City Chamber of Commerce and the applicant. Community Meeting At the community meeting, questions were raised regarding the applicants' experience with serving alcohol, storage of alcoholic products and the availability of alcohol with food. The applicant stated that the sale of beer and wine is in response to customer's requests. At the meeting, the applicant stated that they would encourage customers to purchase food, but that they would sell an alcoholic beverage without a food purchase if requested. However, in order to be consistent with other recent approvals, a 3 Condition of Approval has been included to prohibit the sale of alcoholic beverages unless served with food. Alcohol Sales Concentration Per California State Alcoholic Beverage Control (ABC), there are currently three on - sale permits issued in this census tract (121.01). These permits (National City Golf Course, Peter Piper Pizza and China Super Buffet) are located more than a half mile away with the latter two almost a mile distant. Census tract 121.01 roughly includes the area of the City south of East 18th Street and State Route 54 and between the golf course and Highland Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of three on -sale alcohol permits be issued in this census tract, where three exist. Therefore, if a fourth were to be issued, this particular census tract would be considered over -concentrated by ABC standards. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 24) had a 2007 crime rate of 129.12%, above the 120% considered to be a high crime area. However, it should be pointed out that all four of the City's police beats are considered to be high crime areas, and this particular beat has the lowest crime rate of the four. The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 99 alcohol licenses issued in National City, or roughly 11.6 outlets per square mile. Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered. PD also quoted the over -concentration of licenses based on ABC standards, as a factor for objection. Institute for Public Strategies comments Comments from the Institute for Public Strategies (IPS) were based on the following recommendations, all of which have been included as Conditions of Approval: • No alcohol sales before noon (No. 7); • A domestic violence portion of the L.E.A.D. training (No. 8); • No excessive advertising or marketing targeting youth or holidays (No. 9). Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). A condition has also been included to prohibit the delivery or take-out of alcohol_ Summary The sale of alcohol for on -site consumption at Anthony's will contribute to the viability of a restaurant, a permitted use within the Limited Commercial zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. However, with the issuance of an additional alcohol CUP, the census tract in 4 which the restaurant is located will be considered over -saturated with alcohol outlets. Although the other on -sale license in this tract are located some distance away and would not likely create a combined negative effect on the immediate area, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. RECOMMENDATION 1. Approve 2010-24 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2010-24 CUP based on attached findings/findings to be made by the Planning Commission; or 3. Continue the item to a subsequent hearing date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 4. Departmental and Agency Comments 5. Applicant's Community Meeting (Notice, Minutes, and Sign-ln Sheet) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 522 property owners and occupants) 8. Site photos 9. Applicant's Plans (Exhibit A, case file no. 2010-24 CUP, dated 6/30/2010) MARTIN REEDER Assistant Planner PEG H PIN, AIC Prin a Planner M' 'YAM BA Development Services Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2010-24 CUP, 1526 East 18th Street 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to the existing restaurant use in an existing neighborhood commercial center and the sale of beer and wine is not expected to increase the demand for parking in the center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Palm Avenue and East 18th Street are classified as collector streets in the Circulation Element and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 6 RECOMMENDED FINDINGS FOR DENIAL 2010-24 CUP, 1526 East 18th Street 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there would be an over -concentration of on -sale alcohol licenses in census tract 121.01 in which the subject property is located, should the Conditional Use Permit be approved. 2. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2010-24 CUP, 1526 East 18th Street General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 1526 East 18th Street. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2010-24 CUP, dated 6/30/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. Any plans submitted for improvements must comply with the 2007 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations_ Planning 8. The sale of alcoholic beverages shall be limited to between the hours of 12:00 p.m. and 10:00 p.m. seven days a week. 9. All persons who will be serving alcoholic beverages shall receive L.E.A_D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible 8 Hospitality Coalition. Training shall include a component addressing domestic violence. 10. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 11. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 12. No alcoholic beverages shall be available with take out or delivery service. 13. No alcohol shall be available without the purchase of food. 14. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Police 15. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 9 RESOLUTION NO. 27-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT ANTHONY'S MEXICAN AND PIZZA RESTAURANT AT 1526 EAST 18T" STREET. CASE FILE NO. 2010-24 CUP APN: 561-222-23 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine at Anthony's Mexican and Pizza Restaurant at 1526 East 18`h Street at an advertised public hearing held on September 20, 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. 2010-24 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 taw; 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 hearing held on September 20, 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 the existing restaurant use in an existing neighborhood commercial center and the sale of beer and wineis not expected to increase the demand for parking in the center_ 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 Palm Avenue and East 18th Street are classified as collector streets in the Circulation Element and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 10 That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 1526 East 18th Street_ Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2010-24 CUP, dated 6/30/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk_ Checks shall be made payable to the County Clerk and submitted to the National City Planning Department_ 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time_ 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County_ The Notice of Restriction shall provide information that conditions imposed by approval of the .Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 11 7. Any plans submitted for improvements must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 8. The sale of alcoholic beverages shall be limited to between the hours of 12:00 p.m. and 10:00 p.m. seven days a week. 9. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 10. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays_ 11. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 12. No alcoholic beverages shall be available with take out or delivery service. 13. No alcohol shall be available without the purchase of food_ 14. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Police 15. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 12 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 20, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: Baca ABSTAIN: CHAIRMAN 13 8,.77.1126,1,1` EXHIBIT A CASE FILE NO. 2010-24 CUP DATE: 6/30/2010 air 1 _,, istEl .;.J.-•'.1;... ." '','4' ' ; , ; „ - / ENCLOSURE NOTE AL!. SuiVACES , ENCLUS.PS, OvaREO MID Es TENON PLADTDP NISI. ANSE. SHALL SE PAINTED M-AD L PREDIOP wALL ARE WASH. i 312E 8.736 SA -ES. EXISTINE, su USES NATURAL G. FACILITY 15 SERVED BA T.SwEETwATER VAT/ER AND SEWER 01554101 SITE PLAN KE`,NOTES (-1) IMnoixc PARKING COUNT yARA,ACSAVES;Eli, SYCF: , E PLAN DC CAD, on and Dow artAt N z (1) >- z z C21, PROJEC, all. PA, 2LY 23. 2622 ,LE SITE KAN t. ROOF FRAM. PLAN sEsSN'EsUN .1Sn...rem Nm.sor amoommi TN op. sHW 40 A-2 9 vfa VMr.'F. (J plsLAr a�r () FWnu I Bh'.x w�vAu a FLOOR PLAK KEY ip wx•.. B<AtoN YnwF uy TePk w,AA,r„ oo, o;resspnoLvTa. 000000000I00.-.,,-TSB. EXHAUST HOOD SPECIFICATIONS .GTrruo.«e,u rca io�en.w�m�:� r`:M,•,.r, `-• 1.0300000100000, OA,-n , 'p.n x:,.y M,.i`"w`,`.00:imo`,'assc.+ [„iw,c sy xo ..mfa.u°x•. inE;cowi.P: cor.,.:,A.Ear.�wmccT„T.,..,.A�xFE v.nu eT .�• FLOOR PLAN OP dal roMa c,a:uv REFLECTED CEILING' PLAN \ 1� v. W.:uy rt. \\ I� 54CEEA WILL '4 Ai \ C-SSOMN ROOF PLAN MECH :LPR FASTENERS PEG PE0H. JNrt MFNF IEJR00T SHEA: PIN, s I T-- RAT ],a . ENnRT LENGTH OF O'NRB A8OVE 8 EXTEND TO ADJACENT JOISTS NOTE THIS DE1A4I. IS FOG WHERE ROOF JOISTS DO N0, OCCUR (' \DUCT ROOF PENETRATION FRAMING (""'ROOF BACKING AT MECH. UNITS 4:/NT.$ CR.BNNBN OPTN• EXIST. oJ[M1a WALL LEGEND LNLL S'4BnI WALL TY,' MEENICR:IN9,- EPS,I'Ln'.L;< TPEEEF TOMPSV —_.+. IECHEOLCE 17-1r= UAL 41IC" ]C 51FEP1o%'N1 14UNaiw IMEW1Hwn,L !SCHELL, _.4 :OP WTI, .01,0114 'AYr'GYP e.: EA SILE e' yEu aF ]E FLOOR PLAN EXIT NOTES c .,-,,a GMv P t.'r'E Iao.eyti ne ra3owa:cree<: ... u. r.°5crn'J. rv3A,N "rc s..ro ADDITIONAL ENVIRONMENTAL HEALTH NOTES Toot oot PPPosvpt ry wwe.s:iMimpmav` ;,.,.s.s "Ff a..,. .] P.oe elr.x:w •yen B 4 N9 iP r. wr. FIN.SH SCHEDULE rs, ROm4 FLOOR BASE TT AL- ILI.o QUARRY TILE ' PAINT P' NT GYP EL PAUP: 'LIM, HOOP l ..,,, TLE 31 -., N. LD/E GLOSS E\HALL ,LOPS ENAMEI. EL QUARRY TN E PAINT PITCH, WATERY TILE I,) GYP BD All IT ....2.1j. nt 'O.E I GLOSS ENANE, 1 GL OLE ENAME /BA^ [RODS, : 5EALEDCERAMIC FOOT TILES.N PAINT. l_ jA GYP BD.-PAII.T y ,' F -�; CONCRETE �2N v.„,„ R ,0„, I GLOSS BNAME. GLOLL ENAY.E. " - UNISEz a. QUARTO',, �GW BO, PAINT HESTPOON I OLAFRY TILL W4, N CO4 I LERAA TI. I- GLOSS ENnNEL rNOn Nfit ITEG ��YTPFO+IOE 5T4NLEbb STEEL 'MPG BErINU ALL SINKS '�ON•O'ABOyE FL(:OF BSEE II. 5FEPWin-WiLLIAMS"VR0 INjU5TRI Al PPFC.ATAI YEEI, WATERBASF!11P01' CEILING LEGEND 00.00, 000.000ru. DC CAD, in, NMe.B.M G.M» mn TENANT DO CAD PROJECT `TO 5118 DATE JO.Y'S3, t008 TITLE REELELT,. 81 CEILING Rnn S R00, VLM: 7 or= 17;,,° NORTH ELEVATION -..011f1.10.1,1 \ SOUTH ELEVATION 1,.1t." r---` SECTION AT TYPE I HOOD 5 2 )EAST ELEVATION '.;;;.1•:' )WES 1" •ELEV AT ION / k • I, • •'•' LDING CROSS SECTION ,C1t,111( .-.1,-.,.--'—,...."--•--,'..._,H..--.....1.,:: __-.-....- ---- —...._... . — /4.9,,FF501 . 4, V. N MT, ry!,. i 1 7...„ _,..,..k.'".---''s.- , iii.,..",- , 4..1i. ' ,T 1 1, i __. ,. ....." . . .- .. - EAIYSDN P1,6,300 41 24MAO - VV, ONE FAS,ENER. N morn EA ENO OF NO. 40,411 PIG; N001.01.011 • CCU: FLOOR ! s.no 00 \WOOD STUD WALL ANCHORAGE CLIP J0/57 6441 PiAn /6d .F.A 305 -- • STUDS 0 '5' 0 - - JO, PER Pt er. — $150S05 6 ("ThTYP. NON -BEARING PARTITION CONN. )1,o DC CAb, PrtlYno on, Pm So. ItnIra TENANT IMPROVEMENT CC CAD DIADLICC, 0118 CA-E 4131 Xte "MIA DOCrEADDA DEvATIC,A8 SEcTIOND 0 O O -P. CO RS-3-PD 01 01 N A -1 N CO W 41.A N CO — J Oa --a J al N 1816 1820 1828 1836 1846 1916 0 N RS-2 East-1.8th St. 1807 1815 1819 1831 1839 1845 1822 1830 1838 1844 1905 1909 1902 1910 1 1 1 1 1 1 1- CL 1765 _ so mo- RS-2 -RM-2-PD 1821 1835 RS-3-PD 1905 1911 1913 1 1 1 } i i Subject Parcel — — — Zone Boundary I I I I Feet 0 75 150 300 APN: 061-222-23 Planning Commission Location Map 2010-24 CUP 1 08.31.10 Title: Item no. 1 0 September 20, 2010 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT ANTHONY'S MEXICAN AND PIZZA RESTAURANT AT 1526 EAST 18TH STREET Case File No.: 2010-24 CUP Location: Southwest corner of Palm Avenue and East 18th Street Assessor's Parcel No.: 561-222-23 Staff report by: Martin Reeder Applicant: Hana E. Kizy Property owner: Reynaldo Tinsay Combined General Plan/ CL (Limited Commercial) Zoning designation: Adjacent land use/zoning: North: Commercial use across East 18th Street / CL East: Neighborhood commercial across Palm Avenue / CL South: Residential use / CL West: Residential use across alleyway / CL Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 O. MARN ', pi" T DESCRIPTION 1 GREASE TARR ;3-COMPARTMENTS NI,. 66011 ABLE SINT '.DRINKING ECUNIA 'v Vr'A,K,RE INe5i1A IGTO/ 6 (;' — TINDER COUNTER ARLEN'S. 2C 3,4 125 NOT USED • TYPE IEXHAJST H00D EQUIPMENT SCHEDULE ELECTRICAL WATER WASTE GAS REMARKS 72"221" 5S PREP FABLE 3 45 x23 DINING IABLE ' A 6 24",23"DRING TAB I -I ,. 24 DINING ROOM MAAR, 14 I i n 1 T9234 JJ++5P1°V-£95' .-il„- ^ 40" HI GH,TEMPEREDGLA55 &55FOu v" 1 5E NOT u0 L SE J"-YiNiT'�JIRPSMSis.$ -- -7-7`x'"—'2MINLE-S STUL EORAIL 2 SHEEf X 5n7-7-- 17 E 2a;TN'WIRE SHELVES L I^ STAINLESS STEEL SEE DETAIL 3MOM' A 18 1 LE PEDESTAL LAVATORY ', 1i 2"11/ "i1/2 ZURN INDUSTRIES - SCE FIX-URE SCHEDULE 511T P-: I IFAGLE GROUT MODEIP C31n. 22.3.18 DUKE MANUFACTJRING MODEL 115.118 1 0R=g11A, PENAL -WARE MODEL 4 1612 1-B1-3 OR EQUAL IMODII.AR WALK-.14 COLD R00M, RA OV.DE FLOJR CRAW TRlit' M.JUE I?J[35'OA [SUM S-E1E,JONiAluED 1y1 (EI WATER CLOSET -.. ._-.._. v 2C 1 �3fi GRA09AP 21 (0 1 4_ 1%4SOD.. .-E...- � ....,,-. 2 ' I' d VAI5E SODA DISPENSER 115 .3 .-a�xlriRA jNC>t.S x. ...�%y 23 1 SS SERVICE COUNTER 236 IS 1 CASH P26151E13 26 MJP HANGER 27 1 SS STORAGE SHE,! 24 1 LOCKERS 29 /4, 1,73 PAPER TOWEL DISP , 30 1 MOP SINK 1. 31 1 WATER HEATER 32 1 _ AIR CURTAIN ` 33 .G l'�3:2 SOAP D'SPENSER 34 �; 2 j HANDWASHING SINK 35 1 DEEP FRYER 3 44 120 36 1 FIRE PROTECTION SYSTEM' 38 1 CHAR -BROILER 39 1 1.BURNER RANGE 40 2 /5 STORAGESHE'.E 41 2 ('ACCESSIBLE S5 COUNTER - - _ �J J.-.42ST`2,7D O n I _.- PFFR 6 W IryE S10[YEE .482112'USED' CAPTIVE-AIRE ND -2 SCAES OR E00.5 '- `�- '-4M6dE(H EDPIA I STAML[55 STEEL .. . ADA COMPLIANT SS GRAB EAR A,IAcoMPI INN II 5S`GYNAR IiANCER MODEL IUD 4500 ric CAD, Inc. vRLi MSM o T4C SS9'Iqu6l Q L5_rulMG SPECIALTIES MODE, ,IA Al-W 5 961 E OR EC.IAI „ D-SAOR4wDus Rf WET.466EL5i' lE;?4-uoR-CduAL a 008RICX MODEL B 262 CM LOLAL, SL'PEACE MO6 NEED 33/4' 3 STERN WILLIAMS MODE- E.BB124'x3E"j t/2"',]%L" ]/2" 50,000' 3F SMART WATER GAS- SEE MOJRE SCHEDULE SNIT P-1 ci (MARS 'LOPRO" MODEL 0 LPV36/1PN36 ze T ,BOBRCX MODEL 8•4i12 OR EQUAL, SURFACE MOUNTED L1J ll/2'I1/ 4 ELKAY M00'1 P0CRA150. SEE FIKTV EL SCHE0. SH F P•1 3,/482.000[PAYMASTER MODEL FPH550RMUM ANSJL R_02(W:ECHE MI A)M00ELN FAS, 44 A IN L A 0 i7J6D 1571.DLd>0' r 32/4 960001VJLCAN MODEL P GHC0345 OR EOUA.L; RADIANT Si4" 110,000i VJL0AN MODELLE VSP100 OR EQUAL I1MG SPECIALTIES MODEL 1114L W524140R EQUAL I � HEIGHT AT 3O'A.F F. ^ IRAN<LIN DELL, STAND 74091S 1J�0--f@B DR TYPE DOOR SCHEDULE DOOR BOOR REF FRAME REF NUMBER OPENING __......_. .1 SIZE ('+n 'x i MAT( FINISH TY, $ILL JAM. NEV - -.- REM _ PT ,y A • • a 2.051'4 FOUSII SECJR,CP. ,RC l5 3, IREMAR(5 TING SET 0004 HARDWARE PER ONN[R ML` D0DR IJANU'M:T'.5ER /I; EX tn1(..N UOOR • MU51 OPEN OUTN/AG 12) 0T11,R.IAM9 Am] HEAD OF"A,IS PAN 000R MANUFACTURER ,J. LE3E ELOCRE SECURITY 000P',AGu56-MODEL n £9T]Ilxx'.I Ju E(JUA. <' DDOR TJ HAVE TENPEI5ED 31.23 ND 1r>5 000R TO HAVE SELF -CLOSING MECMAN19M AND 9F TIGHT'.-TING (SD) DOOR TO HAVE SELF C.OSIN3 NE7HANISM MO'' AIR GAv DC'CAO PROJECT NO BOB 041E 41Y:23,, 2UCR TITLE EO11IPMENT115! ROHEDu-ES •'DETAILS 2_C 1. PT C CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. 24 :M TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a head start program at an existing apartment complex at 817 Eta Street. (Applicant Robert J. St. Germaine) (Case File 2010- 26 CUP) PREPARED BY: Martin Reeder DEPARTMENT: Develo e-Svcy�,'/Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The managers of the Park Villa apartments propose to operate a Head Start program in a community building within the complex between 7:00 a.m. and 6:00 p.m. Monday through Friday. The facility would cater to a maximum of 35 children, all which are anticipated to be residents of the Park Villas. The program will employ seven staff members. The Planning Commission conducted a public hearing on September 20, 2010. There were no concerns noted from area residents. Commissioners asked questions regarding existing uses in the building, noticing and adjacent uses. The Commission voted 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) 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: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 25-2010 4. Reduced Plans / / j1"�` 7/ �� / Ope1;/ 4.6 / i LI !!Z —_,, y.. ,/ beet l , ,fi/ Q N �- _, l _ )b o``\�g��� SDII R t'ki�/,`�?l% / ) 1125 L 8�11 Iv`- ,sill ,/ ! J I. I �\ _ _ 0 / I�_ 0£Ol !/ I ��O2.00 I / Z001/ ! 101, �� ! / 6 / S£6 / . /Z£6i Jc , - l 6Z6 / ,_` / £Z } 6/ Q��l G16,�1_, r -tf• 1055 1241 1225 1145 1045 1029 1025 1015 1 f!� 1007 II 999 .�, _O % = / �06 50 / / /� f. /I /l I I 6, 6 I —1 1 .. ! ,J� �B I g£87 I / �, I I 1 // -• / / 9£8 i i �� __, I / 1 / ti / /t I I v. ti�� / 1 / ! / `r / I *-——--_—-N: Highland.Ave._ 1 F NM (1) N LC) _o 2010-26 CUP CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 6 September 20, 2010 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A HEAD START PROGRAM AT AN EXISTING APARTMENT COMPLEX AT 817 ETA STREET 2010-26 CUP East of Highland Ave. between Bucky Ln. and Eta St. 551-480-26 Martin Reeder — Assistant Planner Robert J. St. Germaine Park Villas National City LP Multi -Family Limited (RM-2-PD) 12.4 acres Single-family residential / RS-2 Duplexes and Single-family residential / RS-3-PD Happy Hollow Trailer Park / RMH Single-family residential across Highland Ave / City of San Diego Not a project under CEQA 2 BACKGROUND Site Characteristics The project site is the Park Villas Apartment complex. The 268-unit gated complex has 34 apartment buildings, a community building, pool and sports areas. The community room, where the proposed use is to be located, is at the south end of the complex at 817 Eta Street, adjacent to the community pool. There are seven visitor parking spaces located adjacent to the community building, which also houses the leasing office for the complex. Street parking is also available on Eta Street. The visitor spaces are outside of the entry gates to the complex. East of the community building is an open area with both a lawn area and a concrete patio. The area is bordered by the complex's perimeter fence, an apartment building, the swimming pool perimeter fence and the community building itself. The City's Community Development Commission is an investor in the Park Villa Apartments, with a $500,000 unsecured loan provided through the Low -Moderate Income Housing Fund. The property is eligible for Low Income Housing Tax Credit as it is partially income -restricted for low to moderate income residents. Proposed Use The applicant proposes to operate a Head Start program in the community building between 7:00 a.m. and 6:00 p.m. Monday through Friday. The facility would cater to a maximum of 35 children, all which are anticipated to be residents of Park Villas. The Head Start program proposes to utilize the eastern portion of the community building, which consists of restrooms, an office, storage room, kitchen and large multi- purpose room. The multi -purpose room is currently used as a computer center for the residents; the computer center will be relocated to a vacant apartment. As part of the project, the storage room will be converted into a children's restroom. The program will employ seven staff members. The lawn/concrete area outside is proposed to be used as an outdoor play area for the students. A new section of wrought -iron fence to match the existing fencing is proposed east of the community building to separate the outside area from the nearby apartment building, both for child safety and resident privacy. Analysis Appendix D of the Land Use Code allows Head Start programs with the issuance of a Conditional Use Permit; the use is conditionally -allowed citywide. Typical issues include parking, traffic and potentially noise. 3 The Head Start Program is a program of the United States Department of Health and Human Services that provides comprehensive education, health, nutrition, and parent involvement services to low-income children and their families. Students are typically between three and five years of age. The applicant anticipates most, if not all, of the students to be from the Park Villa Apartments; therefore, it expected that the proposed Head Start program will not increase traffic in the area. Parents will likely walk students to, or drop off/pick up students at the center. Although there are only seven spaces outside the gates and adjacent to the community buildings, there are many more parking spaces within the gates. This would allow residents easy vehicular access to the area. In the event that students from outside the complex attend the program, the guest and street parking would suffice, since the parking is of short duration and vehicles would not be stored overnight. The Land Use Code requires one space per two employees, or four spaces in this case, for preschools or daycare centers. These spaces are provided. Impacts from noise are not anticipated to be an issue, given that the area for the children to play in is already part of a community recreation area. There is a pool immediately adjacent to the community building and the outside play area is already available for residents to recreate in. A Condition of Approval has been included to require compliance with city noise standards, as well as for the proposed fencing to separate uses. Comments were received from the Building Division requiring compliance with Building Code (e.g., occupancy, accessible restrooms). As a result, the applicant reduced the maximum number of students to 35 from the originally -proposed 43 to comply with the California Building Code occupancy limits. Standard Conditions of Approval for CUPs are attached as well as those referring to fencing, noise and Building Code requirements. Summary The proposed Head Start program is consistent with the Land Use Code with the approval of a Conditional Use Permit. The Head Start program is a valuable and necessary service aimed at assisting low income families with affordable preschool programs. The use is compatible with the community and recreational nature of the building in which it is proposed to be located_ In addition, no expansion of the building is proposed and the use will meet all Municipal Code requirements. RECOMMENDATION Approve 2010-26 CUP subject to the conditions listed below, based on attached findings. 4 ATTACHMENTS 1 _ Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Department comments 5. Public Hearing Notice (Sent to 175 property owners) 6. Site Photos 7. Exhibit A, Case File No. 2010-26 CUP, dated 8/4/2010 MARTIN REEDER Assistant Planner PE API Principal Planner MA AM BABAKI Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2010-26 CUP, 817 Eta Street That the site for the proposed use is adequate in size and shape, since the proposed use will be an accessory use within an existing building designated for community and recreational use. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of a Head Start program is not expected to result in an appreciable 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 community/recreation building and outside recreational area. The use is also consistent with a residential use which is permitted in the Multi -Family Limited zone. 4_ That the proposed use is deemed essential and desirable to the public convenience, since it will provide an additional educational opportunity for area children within walking distance to 268 households. 6 RECOMMENDED CONDITIONS OF APPROVAL 2010-26 CUP, 817 Eta Street General 1. This Conditional Use Permit authorizes a Head Start program within the community building of the Park Villas apartment complex located at 817 Eta Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No.2010-26 CUP, dated 8/4/2010. 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. 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. All Head Start program activities shall comply with Title 12 (Noise Control) of the Municipal Code. 8. A fence shall be installed between the recreation room and Building 18 as shown on the site plan in Exhibit A. The fence shall match the existing perimeter fencing. RESOLUTION NO. 25-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FORA HEAD START PROGRAM AT AN EXISTING APARTMENT COMPLEX AT 817 ETA STREET. CASE FILE NO. 2010-26 CUP APN: 551-480-26 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Head Start Program at existing apartment complex at 817 Eta Street at an advertised public hearing held on September 20, 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. 2010-26 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 hearing held on September 20, 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 an accessory use within an existing building designated for community and recreational use. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of a Head Start program is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing community/recreation building and outside recreational area. The use is also consistent with a residential use which is permitted in the Multi -Family Limited zone. 8 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide an additional educational opportunity for area children within walking distance to 268 households. 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 Head Start program within the community building of the Park Villas apartment complex located at 817 Eta Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No.2010-26 CUP, dated 8/4/2010_ 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. 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. All Head Start program activities shall comply with Title 12 (Noise Control) of the Municipal Code. 9 8. A fence shall be installed between the recreation room and Building 18 as shown on the site plan in Exhibit A. The fence shall match the existing perimeter fencing. 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 September 20, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN:' �-IAIRMAN 10 P�TkVitf�. A P A It • r1 •••••••••••.•,..... • Park kas4 Area rattrW4, SEnr,12/NOM Ot15,4171 1.4.1 KTel, ;') A „ le* Ifr'r f4.1 :tx,; ••, 4," zsttiNvrp4,',' • 4',$,k0? 346' k • 3003 1)01- kr 6ot I EXHIBIT A CASE FILE NO. 2010-26 CUP DATE: 8/4/2010 o flCti F'�ooR t kk 25 1 33 8' lo' �M, (-21. The City has incurred $237.00 for processing the TUP through various City departments, plus $1,104.00 for the Fire Department inspection and "Fireworks" permits, and $3,914.18 for Police Department. Total fees are $5,255.18 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE October 5, 2010 AGENDA ITEM NO. 25 ITEM TITLE TEMPORARY USE PERMIT — Sweetwater High School's Homecoming Football Game Halftime Show on October 22, 2010 from 8:O0pm to 10:30pm at Sweetwater High School. This is a City co- sponsored event per Council Policy No. 804. PREPARED BY EXPLANATION Vianey Rolon 336-4364 DEPARTMENTJeighborhood Services Division This is a request from Sweetwater High School to conduct a Homecoming Football Game Halftime Show on October 22, 2010. This event will include a pre -game parade which will include local community youth groups as well as student -body pagentry and band. The halftime event is a fireworks display. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. This is a recurring annual event. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with .nditions of approval with a fee credit in the amount of $1500.00. . y/2 y/ BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration Grand Opening Event Title: 2010 SUHi HOME-COMMING _ Festival Community Event Circus _ Block Party X Other suhi home-comming Event Location: SUHi 2900 HIGHLAND AVE. NATIONAL CITY CA 91950 Event Date(s): From 22 0CT 2010 t0 22 OCT 2010 Total Anticipated Attendance: 800 TOTAL Morttll!DayYear ( 300 Participants) ( SOO Spectators) Actual Event Hours: 5:00PM am/pm to 10:30Pm amfpm Setup/assembly/construction Date: 22 OCT 2010 Start time: 4:10PM Please describe the scope of your setup/assembly work (specific details): LICENSED PYROTECHNICIAN WILL SET UP AND SECURE THE FIRE -WORKS ON THE LOWER FIELD, UNTILL THE EVENT TIME. Dismantle Date: 22 OCT 2010 Completion Time: 10:30PM 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. N /A Sponsoring Organization: SWEETWATER HIGH SCHOOL For Profit X Not -for -Profit Chief Officer of Organization (Name) ROMAN DEL ROSARIO, PRINCIPAL Applicant (Name). DAVE MITROVICH, VICE-PRINCIPAL/ASB DIRECTOR Address: 2900 HIGHLAND AVENUE, NATIONAL CITY, CA 91950 Daytime Phone: (619) 474-9750 Evening Phone: (619) 9955307 Fax: (619) 474-9755 Contact Person on site" day of the event: DAVE MITROVICH. VICE-PRINCIPAL (qv,tct,n►tfrevt" ec-f�+al‘P-E��15' 5 alter/Cellular:rS{00619) 99s-s307 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? x YES _ NO Are admission, entry, vendor or participant fees required? x YES _ NO If YES, please explain the purpose and provide amounts): ENTRY FEE REQUIRED FOR FooTBALL GAME. $ 4,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ s,000.00 Estimated Expenses for this event. $ o 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. HOME-COMMING PRE -GAME PARADE WILL INCLUDE LOCAL COMMUNITY YOUTH GROUPS AS WELL AS STUDENT -BODY PAGENTRY AND BAND. FOOTBALL GAME WILL COMMENCE PROMPTLY AT 7PM WITH BRIEF HALF-TIME FIRE WORK DISPLAY AND THEN GAME WILL RESUME. _ 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? X X YES _ NO Will items or services be sold at the event? If yes, please describe: SCHOOL ASB WILL SELL CONCESSIONS _ YES X 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. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: SCHOOL ASB WILL SELL FROM SCHOOL CONCESSIONS STAND 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 r 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: 75 Trash containers with lids: 5 Describe your plan for clean-up and removal of waste and garbage during and after the event: SITE CUSTODIAL CREW WILL "CLEAN-UP" Please describe your procedures for both Crowd Control and Internal Security: STAFF & ON -SITE SECURITY WILL HANDLE ALL CROWD CONTROL ISSUES AND SECURITY, ALONG WITH "SRO" STAFF 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: X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: SCHOOL GENERATOR LIGHTS WILL BE USED IN POORLY LIT AREAS. Please indicate what arrangement you have made far providing First Aid Staffing and Equipment. SCHOOL SITE SAFETY POLICIES WILL BE IN EFFECT UNDER FOOTBALL GAME PLAN AND PROCEDURES. Please describe your Accessibility Plan for access at your event by individuals with disabilities: HOME as AWAY BLEACHERS HAVE BEEN EQUIPTED WITH ADA RAMPS. SCHOOL HAS ACCESSIBLE/MARKED STALLS Please rovide a detailed descripn ofyour PARKINGpIan: STRET AND ON -CAMPUS PARKING AVAILABLE. Please describe your plan for DISABLED PARKING: MARKED STALLS ARE AVAILABLE FOR HANDICAP PARKING 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: SCHOOL ELECTRONIC MARQUEE WILL DISPLAY DATE OF EVENT. FLYERS WILL GO HOME WITH STUDENTS. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. XYES _ 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: 0 Number of Bands: 1 Type of Music: SCHOOL MARCHING BAND X YES _ NO Will sound amplification be used? If YES. please indicate: Start time: 5PM am/pm Finish Time 10:30PM am.rpm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 5PM amrpm Finish Time 10:30PM amipm Please describe the sound equipment that will be used for your event: X YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: PYROTECHNICS WILL BE USED. _ YES X NO Any signs. banners. decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: ,for Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 SWEETWATER HIGH SCHOOL Person in Charge of Activity DAVID MITROVITCH Address 2900 HIGHLAND AVENUE, NATIONAL CITY, CA 91950 Telephone (619)474-9750 Date(s) of Use 22 OCT 2010 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 e,k,o Sign re ._ Applicant ASSISTANT PRINCIPAL Official Title 31 AUG 2010 Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? 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 SWEETWATER HIGH SCHOOL Type of Organization SCHOOL (Service Club Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? X Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sates tax? Yes (Please provide an explanation and details. X 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. X 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: X No (P lease sign the form and submit it with the TUP Application) 31 AUG 2010 Date 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5, 2010 AGENDA ITEM NO. 26 ITEM TITLE TEMPORARY USE PERMIT — 18`h Annual Fiesta Filipiniana Singing Competition hoste by the Seafood City Supermarket on October 23, 2010 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Seafood City Supermarket to conduct the 17th Annual Fiesta Filipiniana Karaoke Competition at 1420 Plaza Blvd on October 23, 2010. Set-up for the event begins at 7a.m. and the actual event runs from 10 a.m. to 10 p.m. This yearly event will include food canopies, a DJ, live music, and singing entertainment on a stage supplied by the sponsor. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through the various City departments, and $200 for the Fire Department Total fees are $437.00 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. %/a3/,a BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: Public Concert Parade Motion Picture Fair Festival _Demonstration Circus Grand Opening _ Other "-'Community Event _ Block Party Event Title: 1' Atn,uit1. heck filiiticuki, //�� !, �l tLQY',Q,(ttic-y�. T GtN'rl ii Event Location: 14LC /j G 11d _ `-fCai. aJ. G CA . q 1 qS® Event Date()s : From r�/23/ J D toU23 (/Jl) Total Anticipated Attendance: cW1i "r ( 50 Participants) (pit Spectators) Month/Day/Year Actual Event Hours: D a�rr /pm to f i) erne Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: /2.I I )V Completion Time: jd am rr 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. 'A Sponsoring Organization:h(a/LL�e'1 Chief Officer of Organization (Name) PQ 4JL `•lL Applicant (Name): 7%' ep- Address: jy3C �.. Pkti2r Blvd. ---k3ai-Ns eA,14 ciwv t/ For Profit Not -for -Profit Daytime Phone: ((911) 1411- UstlAvening Phone: ( ) Fax: (__) Contact Person "on site" day of the event: t'' ' .t1 CO,(h Pager/Cellular((J.1Q) Oc - 1-1 /0 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? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): /t l A YES /NO YES NO $ 1A 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? r 4r' ara �y afl w. e, t c. s 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. "kb: Cam. ,. 1 A_n IA Gmducx & kcvtcr k Sgriyiitta 14 kk kn i'I , e ,A�r. Y.`r!j2 cam- c-_c. -{�- � to ir'k AD xit 4� . 'Al (AA atct kouct Cx •bGt, ti /06ute rars(/Y W!7°'y ` roficitfCa.vn-- eL -tom n /rite• e'.t t,� n- ,(j otk tohfiq cc 8 _ _ re (wimpv- Ot/1 Af(44J tit i1 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 '✓ NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe.- pf/toce 01-tretta4444e ia(i hi- r vclna--.z) YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. / YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve th use of tents or canopies? If YES: Number of tenticanopies 5 Sizes)( (b NOTE: A separate Fire Department permit is required for tents or canopies. YES /NO Will the event invotve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas^".� ,,'t� Please describe how food wilt be served at the event: i C t� f( If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must property 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 hds: Describe your plan for clean-up and removal of waste and garbage during and after the event: ,e,t-5 -- 3 Please describe your procedures for both Crowd Control and Internal Security: ( 2-au�-c tlAd � II kg t c bAo fat j. P I 41\11tY V YES __ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: iES 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: ACfre4 bg aLurndi Please indicate what arrangement you have made for providingFirst Aid affin and Equipment_ 9 9 tuR +tiril ( hatut t c;i Sa/r)1 ‘-•-kraiLN, --�0 ,014 c Ok.L Please describe your Accessibility Plan for access at your event by individuals with disabilities: Well I make. O AA) a cvocutwate Please provide a detailed description of your PARKING plan: -14024,t gtaLst b £ t tab 6ao apt ill 4 piut --(AL (-I etrx-rhk,c,(c,l k� Please describe your plan for DISABLED PARKING: ! .'Ca k(' 4 Please desc ibe your plans to notify all residents, businesses and churches impacted by the event: _ -Q IPJ- 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: f Number of Bands: 1 i Ai Type of Music: f YES _ NO Will sound amplification be used? If YES, p ase indicate: c! 4 it) i'�.tt',% v {�s.e (✓ LLth Start time: am/pm Finish Time am/pm VYES NO Wilt sound checks be conducted prior to the event? If YES, please indicate: Start time: pm Finish Time 10 [rrpm Please describe the sound equipment that wilt be used for your event: Weill haat- rra-Ains-A91. G 1 LecAerli AfYES V "'O Fireworks, rockets, or other pyrotechnics? If YES, please describe_ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: :Q tL1- vs- vz..tRA. , b able - Revised 08/10/05 5 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 genera to 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 Applation) 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 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 $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate 'of insurance must be attached to this permit. Organization Person in Charge of Activity Address Nab e . fret & VA_ Telephone OP 14 )$i— / (($0 Date(s) of Use R3� 2010 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_ p_4 A 4- 4,N DU 1h i nature of Applicant Q Cu;\ OAVI. Official Title q1 o2C,D Date For Office Use Only Certificate of Insurance Approved Date 7 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 ACORD® DATE(MM/DO!YYYY) 9/7/2010 THIS CERTIFICATE 1S 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. CERTIFICATE OF LIABILITY INSURANCE 'ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the __.tificate holder in lieu of such endorsement(s). PRODUCER Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED Seafood City Supermarket Chow King Restaurant Tokyo Tokyo Restaurant 2883 Surveyor Street Pomona CA 91768-3251 E-MAILADDRESS: tstacre]. e @ehrnfeldinsurance.corn RODUCER 0 8 SPUSTOMER ID #D0003869 COVERAGES • INSURERe_AFFORDING COVERAGE CONTACT NAME: Toni Stovel PHONE (619)683-9990 If FAx ANC No Est):_ J !C Noi, (619) 6B3-9999 INSURER Argoonaut Great Central Ins Co INSURER B INSURER C INSURER 0 INSURER E INSURER F NAIC # THIS INDICATED. CERTIFICATE EXCLUSIONS INSR ------ -."_..._"..----- -.. MCVIJIUN INulvILStK: 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. - - _ - _- LTR TYPE OF INSURANCE ADDL INSR SUER POLICY EFF POLICYP - GENERAL X) - -- GEL X LIABILITY COMMERCIAL GENERAL_ LIABILITY -- J CLAIMS -MADE I X J OCCUR - -- ---- -- --- - -- ---' - - -- - AGGREGATE LIMIT PAPPLIES PER: RO POLICY 1JEC7_ Lll I LOC X WVD POUCY NUMBER FM915148605 (MM/OD/YYYY) 6/3/2010 (MM/OD/YYYY) 6/3/2011 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES(Ea occurrence) MED EXP(Any one person) PERSONAL R ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 1,000,000 $ 300,000 $ $ 1,000,000 $ 5,000,000 $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA91514B605 6/3/2010 6/3/2011 BODILY INJURY (Per person) BODILY INJURY (Per acedent) PROPERTY DAMAGE (Per acedenp SPEC Medical payments $ $ $ $ $ _-" X UMBRELLA LIAR EXCESS LIAB --- OCCUR CLAIMS -MADE EACH OCCURRENCE ---__- AGGREGATE $ 10,000,000 _- $ 10, 000, 000 _DEDUCTIBLE r X E A RETENTION $ 10, 000 UFID 915148605 6/3/2010 6/3/2011 $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? �� NIA EL WC STATU- T9RYLIMITS EACH ACCIDENT - O7H- ER. $ (Mandatory in NH) U es, tlescnbe under D SCRIPTION OF OPERATIONS below EL. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedu e, it more space Is required) Certificate Holder is named as Additional Insured as required by written contract, as respects to Comm•1 General Liability, but limited to the operations of the Insured under said contract, and always subject to the policy terms and conditions. RE- Karoke Finals at Parking Lot, National City Seafood City, October 2, 2010 rCOTLIra-rr- , .-. OLD CANCELLATION catherine.quien@seafoodcit City of National City 1243 National City Blvd. National City, CA 91950 ..CORD 25 (2009/09) NS025 (200909) 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 Jim Eggert/TONI 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORL CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDWYYYY) 9/7/2010 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 'RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: 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 Michael Ehrenfeld Company 2655 Camino #200 San Diego INSURED Seafood City Del Rio North CA 92108 Supermarket CONTACT NAME- Toni Stovel LAIC No (619) 683-9990 (p C, No) (619) 683-9999 E-MAIL tstovel@ehrenfeldinsurance.com ADDRESS: PRODUCER 00003869 CUSTOMER ID p. INSURER(5) AFFORDING COVERAGE Chow King Restaurant Tokyo Tokyo Restaurant 2883 Surveyor Street Pomona CA 91768-3251 INsuRERA-Ar'gonaut Great Central Ins Co INSURER B : INSURER C : INSURER D : INSURER E INSURER F . NAIC 8 COVERAGES CERTIFICATE NUMBER:CL106315648 REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR IS TO CERTIFY THAT NOTWITHSTANDING MAY BE ISSUED AND CONDITIONS TYPE OF INSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- THE POLICY PERIOD TO WHICH THIS TO ALL THE TERMS. ADDL INSR SUER WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENFEfS.___.. PREMISES LEa occurrence) $ 300,000 A - - I CLAIMS -MADE I_X I OCCUR X FM915148605 6/3/2010 6/3/2011 MED EXP (Arty one person) $ PERSONAL .3 ADV INJURY $ 1,000,000 GENERAL AGGREGATE 5 5,000,000 GENT AGGREGATE LIMIT APPLIESIPER _._.LOC PRODUCTS - COMP/OP AGG 5 2,000 , 000 POLICY PRO- I JECT t __. S._ _. JTOMOBILE LIABILITY COMBINED SINGLE LIMIT • Ea acc den0 $ 1,000,000 ._ ANY AUTO - - '— BODILY INJURY (Per person) A _ ALL OWNED AUTOS BA915148605 6/3/2010 6/3/2011 $ BODILY INJURY (Per accident) S SCHEDULED AUTOS -X._ PROPERTY DAMAGE HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS SPEC S Medical payments $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DEDUCTIBLE $ A X RETENTION S 10,000 OMB915148605 6/3/2010 6/3/2011 $ WORKERS COMPENSATION WC STATII- I OTH- AND EMPLOYERS' LIABILITY l• j N _ TORY LIMITS,ER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? 1 NIA E.L. EACH ACCIDENT ---------- --- $ - (Mandatory in NH) El DISEASE - EA EMPLOYEE $ IT yes. describe under DESCRIPTION OF OPERATIONS below El. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 8 more space is required) Certificate Bolder is named as Additional Insured as required by written contract, as respects to Comm'l General Liability, but limited to the operations of the Insured under said contract, and always subject to the policy terms and conditions_ Re: Karoke Finals at Parking Lot, National City Seafood City, October 2, 2010 CERTIFICATE HOLDER CANCELLATION catherine.quien@seafoodcit Pacific Castle Bay Plaza LLC 2601 Main Street #900 Irvine, CA 92614 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 Jim Eggert/TONI ACORD 25 (2009/09) INS025 (200909) The ACORD name and logo are registered marks of ACORD ©1988-2009 ACORD CORPORATION. All rights reserved. City of National City, California COUNCIL AGENDA STATEMENT ETING DATE: October 5, 2010 AGENDA ITEM NO. 27 (1-;EM TITLE Request by National City Collaborative (Food Bank) to use Kimball Senior Center or--)' the 2nd Friday of each month from 6:30am-11:00am to distribute food to National City residents. Applicant is requesting waiver of all fees. PREPARED BY Brenda E. Hodges 4290 DEPARTMENT Community Services EXPLANATION See attached Environmental Review ✓ N/A Financial Statement National City Collaborative is requesting a fee waiver of $659/month Account No. STAFF RECOMMENDATION Requesting direction from Council BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Explanation (1 page) Letter from National City Collaborative (2 pages) A-200 (9/80) Explanation for A200 Background As part of the Service Reduction proposals considered at the August 10, 2010 workshop, the City Council voted to close the Senior Center on Fridays, and to stop staffing outside events on Sundays by transitioning the existing groups to new locations. One of these groups is the National City Collaborative (NCC), which distributes food in conjunction with the SD Food bank on the 2nd Friday of each month. Based on your direction, we notified the NCC that their last day of operation at the Senior Center would be on Friday, October 8, 2010, and we began the process of finding a new day/location for them to operate. Unfortunately, we've run into some challenges with their relocation. Due to their County- wide distribution schedule, they have no flexibility in their distribution day for National City. They considered alternate locations, and determined that Kimball Senior Center is the only location that works. The Nutrition Center presented some logistics and timing issues. There were insurance issues with the Boys & Girls Club. Kimball Senior Center appears to be their only alternative. 100% of their 450+ clients are National City residents: 30% of them are either disabled or are seniors from the Towers who walk over for their food. The other 70% are from the immediate vicinity and usually walk over to the event. If Kimball Senior Center is not available for their use, NCC claims they will no longer be able to provide service in this part of the City, and that the other two food distribution centers that they operate in National City are not convenient to residents in this part of town. The other centers located at Kimball Elementary School and on Euclid Avenue, are both open Monday -Friday from 8am-5pm (closed 12-1 pm for lunch), and distribute food to anyone who needs it, regardless of age. In addition, the Senior Commodities Group distributes food boxes at Kimball Senior Center on the 4th Thursday of the month from 9am-11 am (seniors only). And, the City's Nutrition Center offers congregate meals Monday through Friday, as well as Home Delivered Meals 7 days/week (seniors only). Fees: NCC has no funding to pay facility use fees, or for the part-time staff that would be required to open/close the facility and monitor the event for 4.5 hours a month. Fees would amount to: Facility Rental for 4.5 hours: $396 Custodial Fee $158 Building Use Fee: $ 50 Staff Time: $ 55* $659 *Note: Community Services staff members have offered to volunteer their personal time to assist with this activity if approved, reducing fees by $55/month. A refundable cleaning deposit of $100 would also be required. 2325 Euclid Avenue National City, CA 91950 (619) 336-8659 Office (619) 336-8646 Fax National City Collaborative promoting community and family well being through parmerships September 22, 2010 Chris Zapata City Manager National City, CA 91950 Dear Mr. Zapata: Your staff at the Kimball Senior Center advised me last month, that as of October 8, 2010, I would no longer be able to use the center to conduct our monthly Emergency Food Distribution Program. I understand that the decision to close the center on Fridays was made due to the current budgetary constraints affecting National City. I'm writing to you asking that you allow our Collaborative to continue using the Kimball Senior Center on the second Friday of each month. Here are some of the parties liars on the operation: • In coordination with the San Diego Food Bank, the distribution at the Center has been on- going for more than 17 years. • The National City Collaborative Family Resource Centers have been responsible for the supervision and operation of the program since 2006. • The operation takes place on the second Friday of each month on a 6:30-11:00 a.m. schedule. • Each month, we have 12-15 volunteers that assist with the preparation and distribution of the commodities. • Currently we are the second largest distribution site in the South County, providing 744 bags to more than 450 National City residents. Some of the negative impacts that this decision will bring about include: • National City residents will have to travel to other locations in the South Bay in search of food, transportation will become a major hurdle for them to overcome. • Seniors currently residing at Kimball and Morgan Towers will not be able to take advantage of the program and will miss out on this great source of food. At least 30% of the participants reside at the towers. Please note that I have searched for other locations in the area to conduct the distribution including the Boys & Girls Club of Greater San Diego N.C. location, and the National City Nutrition Center and neither one of the locations is available or suitable to conduct the operation. September 22, 2010 Page 2 The San Diego Food Bank has also been approached to see if the distribution can take place on a different day of the week, and they are unable to accommodate our request due to current delivery schedules and routes. Lastly, please note that we don't need any custodial or City staff support to conduct the operation, all we would need is access to the Center and I will be more than willing to work with any member of your team to coordinate the opening and closing of the Center. My core of volunteers and I would also ensure that the Center is clean and ready to go for the next scheduled activity. I welcome the opportunity to answer any questions for you, please feel free to contact me at (619) 336-8643 should you have any questions or concerns. Sincerely, SerRouts, MSHR Executive Director Penner Agencies Dept of Health Services, Sweetwater Unice High School District, 3m Diego Area Away m Aging National School District, National City Public Librey. MAAC Piojed Urban Camas Academic Not Waitiuy, Council of Philippine American Orgmiation, Camera Credit Counseling Home Mot, Inc., National City Chamber of Commove, N,tioal City Cmmnmity Development mmissioq City of Naticnd City, Mellon Cultural InotiMe, California Sere Assembly, 79th District, Carmel for Employment Training Nstiani City Fne Dept, Nstimal City Police Dept. Sash y Community Saviors, Woman Center. Supervisor Greg Can Oboe, City of NCioal City. Aadda San Diego. Sash Bey Youth & Family Services, CwlifornO State Assembly. 7;th District. mice Cultural Imbue of 3m Diego. Central for Employment Training. Dept of Social Services, City of NatiaNl City Dept of Part & Enervation. Childrm's Hospital, Opaatim Samrhm HI h Clinic., Dept of Probstia. County of San Diego, Sash Bsy Family YMCA Paradise Volley Hospital, U.S. Navy CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2010 AGENDA ITEM NO. �8 EM TITLE: Report — City Council's request for program to welcome, retain and highlight the business community. (Redevelopment Division) PREPARED BY: Patricia Bear PHONE: 142551 EXPLANATION: [The City Council recently asked staff to create a continuing program to welcome new businesses opening in National City. In response to this request, staff has worked with the National City Chamber of Commerce to develop a program plan, which will be discussed at tonight's meeting. The plan will include a monthly written report to the City Council on all new business licenses obtained in the City, a monthly new business welcome by the Chamber of Commerce and City, an information packet for all new businesses and a monthly personal welcome by the City Manager (or his designee) informing new businesses of the City's desire to assist businesses and how to obtain assistance. A photograph of any ribbon cuttings and grand openings will be displayed for one month on the City's website. DEPARTMENT:Redevelopment Division APPROVED BYQ- iT� Patricia Beard of the City and Jacqueline Reynoso of the Chamber will present this report and request City Council member comments and suggestions about the planned New Business Welcome program. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. INot applicable.) APPROVED: MIS ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Provide comments and further direction to staff. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: IO DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT October 5th, 2010 AGENDA ITEM NO. 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $66,745.90 to the City of National City for the period of 8/25/10 through 8/31/10 PREPARED BY: 1K. Apalategui, DEPARTMENT: PHONE: 019-336-4331. 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 $66,745.90 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: 'N/A tCHMENTS: Warrants for the period of 08/25/10 through 08/31/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 9 8/31/2010 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 2,349.27 184.19 57,014.23 6,598.83 599.38 66,745.90 PAYEE DESROCHERS DIXIELINE BUILDERS FEDEX GEOSYNTEC CONSULTANTS KEYSER MARSTON ASSOC KOA CORPORATION PACIFIC BUSINESS CAPITAL CORP RAULSTON SDG&E STRATACOM ULI URBAN LAND INSTITUTE CITY OF NATIONAL CITY THE LINCOLN NATIONAL LIFE INS CT1ON 8 CTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #9 8/31/2010 DESCRIPTION RETIREMENT BENEFIT SEP 2010 CONSTRUCTION SVCS - CASA FAMILIAR EXPRESS MAIL COURIER SERVICES ENVIRONMENTAL CONSULTING SERVICES ECONOMIC CONSULTING AGREEMENT CIVIL ENGINEERING AGREEMENT EQUIPMENT RENTAL HUD TIERRA WEST ADVISORS GAS AND ELECTRIC UTILITIES FOR CDC MOP# 63845. BUSINESS CARDS ULI MEMBERSHIP RENEWAL PETTY CASH JULY 2010 LIFE & AD&D STD LTD SEP 2010 Start Date End Date 8/25/2010 8/31/2010 CHK NO DATE AMOUNT 237984 8/31/10 110.00 237985 8/31/10 57,000.81 237986 8/31/10 40.85 237987 8/31/10 2,425.19 237988 8/31/10 879.38 237989 8/31/10 2,670.00 237990 8/31/10 195.00 237991 8/31/10 142.44 237992 8/31/10 312.40 237993 8/31/10 31.83 237994 8/31/10 525.00 238012 8/31/10 86.17 238078 8/31/10 2.53 A/P Total $ 64,421.60 2,324.30 GRAND TOTAL $ 66,745.90 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT October 5th, 2010 AGENDA ITEM NO. 30 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $750,627.58 to the City of National City for the period of 9/01/10 through 9/07/10 PREPARED BY: IK. Apalategui PHONE: 1619-336-4331 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 $750,627.58 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. j BOARD / COMMISSION RECOMMENDATION: N/A fACHMENTS: vvarrants for the period of 09/01/10 through 09/07/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 10 9/7/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 679,248.28 2,086.51 65,559.11 3,733.68 750,627.58 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER 410 9/7/2010 PAYEE DE LA CUADRA GEORGE WATERS NUTRITION CENTER STAPLES ADVANTAGE NINYO & MOORE SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 18 8/10/2010 DESCRIPTION FINANCIAL REPORT WORKSHOPS REFRESHMENTS FOR WESTSIDE INFILL MOP 45704 OFFICE SUPPLIES GEOTECH MAT TEST - MARINA GATEWAY Start Date 8/18/2010 End Date 8/23/2010 End Date 8/24/2010 Cheek Date 9/1/2010 CHK NO DATE 238091 9/7/10 238092 9/7/10 238093 9/7/10 238096 9/7/10 AMOUNT 281.80 40.00 4.28 3,093.00 A/P Total $ 3,419.08 659,240.83 87,967.67 GRAND TOTAL $ 750,627.58 ----TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT October 5, 2010 AGENDA ITEM NO. 31 ITEM TITLE: Report by the National City Chamber of Commerce on the San Diego Regional Enterprise Zone Program, Economic Development Loan Program, and San Diego State University Student Consulting Program (Community Development). PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 DEPARTMENT: CgywnTgnity Dflvelopment APPROVED BY: EXPLANATION: On March 12, 2009, the Community Development Commission (CDC) entered into an agreement with the National City Chamber of Commerce, a 501 (c)(3) non profit organization, and the National City Chamber of Commerce Foundation, a 501 (c)(3) non profit organization. The National City Chamber of Commerce agreed to provide economic development services for businesses located in the City of National City. The National City Chamber of Commerce presents an up to date report to the CDC on the administration of the San Diego State University Technical Assistance Program, the Enterprise Zone Program, and the Economic Development Loan Program by the National City Chamber of Commerce. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Not applicable ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file report per Contract Agreement BOARD / COMMISSION RECOMMENDATION: Not Applicable 'ACHMENTS: s t.)ort by National City Chamber of Commerce ECONOMIC DEVELOPMENT PARTNERSHIP Partnership Update Report to City Council This document presents an up to date report to the City of National City's Community Development Commission and its Board of Directors on economic development projects implemented by the National City Chamber of Commerce in partnership with the City of National City. Economic Development Programs Economic Development Partnership REPORT TO CITY COUNCIL, CITY OF NATIONAL CITY OCTOBER 5, 2010 AGREEMENT OVERVIEW On September 16, 2008, the Community Development Commission of the City National City (CDC) voted to approve the execution of an Agreement with the National City Chamber of Commerce (NCCC) to administer the City's Economic Development Programs for $50,000 and up to $70,000 to retire the debt on the Chamber's office building. On March 12, 2009, the CDC entered into an agreement with the National City Chamber of Commerce, a 501 (c) (6) non-profit organization, and the National City Chamber of Commerce Foundation, a 501 (c) (3) non-profit organization. The National City Chamber of Commerce agreed to provide economic development services for businesses located in the City of National City. Alfredo Ybarra, Community Development Manager for the City's Housing and Grants Division is the Project Coordinator for the CDC. Jacqueline L. Reynoso is the Project Director for the National City Chamber of Commerce. On January 28, 2010, the CDC issued an extension to the agreement between the CDC of the City of National City and the National City Chamber of Commerce until June 30, 2010. A second extension was granted on July 20, 2010 extending the agreement until June 30, 2011. At the sole discretion of the CDC Executive Director, this agreement may be extended for an additional 48 months. REPORT OVERVIEW This report reflects the Chamber's administrative activity from April 1, 2010 to September 21, 2010. The previous report submitted to City Council was dated April 6, 2010 and covered activity from September 1, 2009 to March 31, 2010. Due to budget cut backs by the City of National City, program activity for the San Diego State Technical Assistance Program and the Economic Development Loan Program has been suspended as of June 30, 2010. Thus, this report will focus on the enterprise zone program outreach and other economic development initiatives undertaken in partnership with the City of National City. Per the Agreement with CDC, the next report will be submitted to City Council in March of 2011. San Diego Regional Enterprise Zone Program Program Summary The San Diego Regional Enterprise Zone (SDREZ) was established in 2006. It is a regional economic development program incorporating portions of the City of San Diego's Third, Fourth, Seventh and Eighth Council Districts, a significant portion of the City of Chula Vista and the majority of the City of National City. Page 1 Economic Development Programs The major benefits of the Enterprise Zone Program are the tax savings on California business income tax: • Sales or Use Tax Credit: A tax credit against the purchase of new manufacturing, assembly, data processing or communications equipment equivalent to the amount of sales or use tax, or up to $1.35 million annually. • Hiring Credit: A tax credit on up to 50 percent of the wages to qualified new employees over a five-year period (up to 50 percent in the first year, 40 percent in the second year, etc.). This credit could exceed $37,000 per eligible employee. • Accelerated Depreciation Deduction: The option to accelerate depreciation on business property. A business may treat 40 percent of the cost of qualified property as a business expense in the first year it is placed into service for a maximum deduction of $20,000 per year, whichever is smaller. • Net Interest Deduction for Lenders: Allows lenders a deduction on the net interest earned from loans made to Enterprise Zone businesses. Qualified loans include business loans, mortgages and loans from noncommercial sources. Program Update On July 20, 2010, the City of National City approved a boundary modification and expansion to the Enterprise Zone Program. Administration: The Enterprise Zone program is a business recruitment and retention tool. The NCCC serves as a direct liaison to CDC/ City staff and SDREZ team partners including representatives from the City of Chula Vista, San Diego, and the San Diego Unified Port District. NCCC works collaboratively with City staff on business recruitment efforts including planning and implementation of City tours, review of City business incentives, presentations to prospective businesses, and follow up on business recruitment efforts. Chamber staff responds to all program inquiries via email, phone, written correspondence, site visits, one on one consultations, and workshops/ presentations. utreach: Since the fall of 2009, the NCCC has provided program outreach to local businesses throughout National ity, as well as to prospective businesses interested in relocating to National City. The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter monthly membership outreach walks, Chamber breakfast meetings, Chamber website, and Membership Orientation workshops. Program outreach is not limited to Chamber members; it is also promoted to non-members at every Chamber and community event in National City such as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City and the San Diego region. Policy: On Friday, July 30, 2010, the San Diego Union Tribune published a story by Jacqueline Reynoso, President/CEO of the NCCC, urging state legislators to preserve the Enterprise Zone program. The article is available at i'1i tf:t: „mo wvStEJ,nO�7SQi.�,o t rrw,5 20 i `] 30 !dourkill-local-;Obs-program !. NCCC staff participated in a webinar by California Association of Enterprise Zones (CAEZ) to stop the passage of legislation SB 974 on September 22, 2010. The NCCC strongly opposes Senate Bill 974, which proposes the following: 1) It eliminates the use of the Targeted Employment Area (TEA) as an eligibility criteria for the hiring credit 2) It eliminates retroactive vouchering by narrowing the opportunity to voucher employees to the first 28 days of employment Eliminating the TEA as criteria basically eliminates 80-95% of the opportunities employees have to be "vouchered" for the hiring credit. It will significantly reduce —if not eliminate- the amount of small businesses in our communities that would qualify for the Enterprise Zone hiring credit. Page 2 Economic Development Programs Allowing employers to only voucher employees the first 28 days of employment will basically eliminate the opportunity for existing businesses that are operational to take advantage of the Enterprise Zone, with the exception of any new employees. Output: Over 90% of National City business quality for the Enterprise Zone tax credits. If the current expansion application submitted to the California Department of Housing and Community Development is approved, it is expected that nearly 99% of National City's commercial and industrial areas will qualify for the state tax credits. Since April of 2010, the NCCC has conducted 3 presentations/workshops/seminars reaching 150 business contacts. We have conducted 52 one on one meetings with business owners to review the program in detail. Approximately 700 businesses have received information on the Enterprise Zone program on a monthly basis. Table 1 below shows a list of presentations conducted between April 1, 2010 and September 21, 2010. Table 1: Enterprise Zone presentations conducted between April 1, 2010 and September 21, 2010 Presenter One Zone Partners NCCC NCCC Title Location Date Attendance "Are you in the Zone?" South County Career Center, 1111 Bay Blvd., Suite E, Chula Vista, CA 91911 April 29, 2010 40 "Sustainable Business Practices and Cost Saving Strategies" South Bay Fish and Grill, 570 Marina Parkway, Chula Vista, CA 91910 June 24, 2010 35 Bayfront Business Expo Buster's Beach House Marina Gateway, 740 Bay Marina Drive, National City, CA, 91950 July 8, 2010 75 From January 1, 2010 through June 30, 2010, 53 National City based companies submitted hiring credit vouchers. From those participating companies, 371 hiring credit voucher applications were submitted and 361 were approved. During that period, 94 new positions were created by companies submitting hiring credit vouchers and 267 positions were retained. The average hourly rate reported for qualifying hiring tax credit vouchers was $9.33. Based on the average hourly rate, the potential first year in Enterprise Zone tax credits for community investment by National City businesses is approximately $3.5 million. Page 3 Economic Development Programs The first half of 2010 has already out paced the number of businesses participating in the enterprise zone program in 2008. We've also seen 30 more new positions created during this first half of the year as compared to 2008.1 To match our activity in 2009, which outperformed participation in 2008, 25 more companies will need to participate in the program between July 1, 2010 and December 31, 2010; 427 more vouchers will need to be approved, 176 more new positions will need to be created, and 251 more positions will need to be retained. As a partner in the enterprise zone, we expect to continue growing the number of participating companies and increase vouchering activity through our outreach efforts. Table 2 below shows a summary of Hiring Credit Voucher Activity in 2008 compared to 2009, and activity for January 1"-June 301h, 2010. TABLE 2: Hiring Credit Voucher Activity (2008 vs. 2009) Year Number of Companies Submitting Vouchers Vouchers New Positions Retained Positions Approved zee ATTACHMENT 1 for detail on January 1, 2010 — June 30, 2010 SDREZ Hiring Credit Voucher Activity. Partnership Initiatives Business Recruitment: New Car Dealers Administration: The NCCC, the Community Development Commission of the City of National City, and the Mile of Cars Association are working together to recruit new car dealers to fill the current vacancies on the Mile of Cars. Implementation: The collective goals are to 1. Create new Mile of Cars Collateral Material to use as a business recruitment package. Completed June 2010. 2. Rebrand the Mile of Cars and National City as an attractive destination for new car dealers and business investment. On July 20, 2010, The CDC approved a $675,000 loan Agreement with the Mile of Cars Association for rehabilitation of Mile of Cars freeway signage. 3. Assist the Mile and the City in targeting manufacturers and proactively identify prospective dealers. ' In 2008, 46 National City based companies submitted hiring credit vouchers. From those participating companies, 390 hiring credit voucher applications were submitted and 374 were approved. In that some year, 65 new positions were created by companies submitting hiring credit vouchers and 309 positions were retained. The potential first year in Enterprise Zone tax credits for community investment by National City businesses is over $3 million in 2008. Page 4 Economic Development Programs 4. Pitch the available sites and aggressively market the Mile and the City of National City. 5. Successfully recruit new dealers to the Mile of Cars. Business Retention: New Business Welcome/ Existing Business Appreciation Administration: The NCCC and the City of National City are working on developing standardized guidelines for welcoming new businesses to National City and recognizing existing businesses. Implementation: On October 5, 2010, the City's Redevelopment Division and the Chamber will co -present a new business welcome and retention strategy to City Council. Business Retention: National City "Go Green" Initiative Working closely with the city of National City and other organizations, the NCCC is attempting to diversify the city's industry portfolio and sustainability measures. Unfortunately, there are limited funding sources allocated to this intensive project, therefore building a foundation of a green, sustainable, and environmentally friendly business culture will be the immediate goal of the NCCC. Our ultimate goal is to lay the foundation for the future attraction of businesses in the green industry by assisting current National City businesses adopt green practices and increasing awareness among the community of the National City Chamber of Commerce (NCCC) Go Green National City initiative. Project Objectives 1) Identify NCCC members who would be the best candidates to go green. 2) Parallel to item 1, identify available and potential sources of funding for a green business initiative, including private and public grants, tax incentives, etc. 3) Benchmark and document best practices in creating Green Initiatives in other communities, either via a municipal entity such as an economic development organization or a Chamber of Commerce, and apply these best practices into the model we propose to the NCCC. 4) Based on our findings above, formulate a program that not only establishes the staffing, funding, and operational requirements for assisting member businesses in their efforts to go green, but also generates a revenue stream for the NCCC. This may include articulation of the criteria for identifying a company as a green business, as well as the resources and incentives they will receive as having received "green status" while collecting revenues for offering such services and recognition to the business. 5) Formulate a marketing strategy that articulates a purpose, mission, target audience, promotional and incentive ideas, and methods of distributing the marketing material. CONCLUSION The National City Chamber of Commerce looks forward to a continued working relationship with the City of National City and the CDC. The Chamber's mission is to increase opportunities for businesses and to represent its members in matters related to business, government and community relations. The Chamber will continue to support and promote the City's economic development through educational workshops, public forums, technical assistance, promotional activities, special events, business advocacy, and an active Visitor's Information Center. Page 5 ITEM #32 10/5/10 CLOSED SESSION REPORT (CITY ATTORNEY)