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2011 10-04 CC CDC AGENDA PKT
Agenda Of A Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — October 4, 2011— 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. , Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII 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 10/4/2011 - Page 2 PRESENTATIONS 1. Employee of the Month for September, 2011 (Rescheduled) — Scott Robinson, Fire Engineer/Paramedic. 2. Certificates for Sponsors for "The City Employee's 1st Annual National City Employees' Picnic" Sponsors • Big Ben's Market/Carnival Market • Eddy Brikho & Family • El Super National City Employee 's Picnic Committee Members Department Mayor/Council Mayor/Council City Attorney City Manager MIS Finance Human Resources Housing & Grants Neighborhood Services Development Services Engineering Community Services Fire Library Police Public Works Redevelopment Employee Josie Flores -Clark Dionisia Trejo Ginny Miller Lavonne Watts Damon Dong Sheila Pangco Lilia Munoz Carlos Aguirre Vianey Rolon Lynn Cole James Slade Lauren Maxilom Mike Mejia Gloria Olivares Yolanda Felix Ruben Carillo Denise Davis CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/4/2011 - Page 3 CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the Minutes of the Adjourned Regular Council/Community Development Commission Meeting of September 27, 2011. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City and Southern California Soil & Testing, Inc. to extend the term of the Agreement for one year, and increase the Agreement by $150,000 for a total not -to -exceed amount of $300,000 to provide geotechnical materials testing services for City projects on an as -needed basis. (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City and Ninyo & Moore Corporation to extend the term of the Agreement for one year, and increase the Agreement by $150,000 for a total not -too -exceed amount of $300,000 to provide geotechnical materials testing services for City projects on an as -needed basis. (Development Services/Engineering) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with The Sohagi Law Group, PLC to provide legal defense services in the not to exceed amount of $101,000. (City Attorney) 7. Temporary Use Permit — Health & Wellness Fair hosted by Paradise Valley Hospital and The National City Times on October 15, 2011 from 10:00 a.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 10/4/2011 - Page 4 CONSENT CALENDAR (Cont.) 8. Temporary Use Permit — Sweetwater Harley Davidson "Flaming Knights MC Dance" at 3201 Hoover Avenue on October 29, 2011 from 8:30 p.m. to 1:30 a.m. with no waiver of fees. (Neighborhood Services Division) 9. WARRANT REGISTER #10 Warrant Register #10 for the period of 08/31/11 through 09/06/11 in the amount of $1,858,874.12. (Finance) 10. WARRANT REGISTER #11 Warrant Register #11 for the period of 09/07/11 through 09/13/11 in the amount of $801,218.02. (Finance) NEW BUSINESS 11. Notice of Decision — Planning Commission approval of a Coastal Development Permit for the widening of Bay Marina and Civic Center Drives and Interstate 5 on and off ramps in the Coastal Zone. (Applicant: Caftans) (Case File 2011- 23 CDP) (Development Services/Planning) 12. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed Fresh & Easy grocery store at 1325 East Plaza Blvd. (Applicant: Fresh & Easy) (Case File 2011-21 CUP) (Development Services/Planning) 13. Initiate an Amendment of Title 18 of the Municipal Code to revise and clarify various land use and development standards of the Land Use Code. (Development Services) 14. Report on the sale and possession of a synthetic marijuana compound commonly known as 'Spice or K2'. (Police) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 10/4/2011 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 15. Authorize the reimbursement of Community Development Commission expenditures in the amount of $82,976.02 to the City of National City for the period of 08/31/11 through 09/06/11. (Finance) 16. Authorize the reimbursement of Community Development Commission expenditures in the amount of $65,530.90 to the City of National City for the period of 09/07/11 through 09/13/11. Finance) STAFF REPORTS 17. Update of relocation of Public Works yard. (Community Services) 18. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — October 18, 2011 — 6:00 p.m. — Council Chambers — National City, California I'1''J 4 #1 RE -SCHEDULE OF SEPTEMBER RECOGNITION MEMORANDUM September 20, 2011 TO : Chris Zapata, Ci ; ' nager FROM : Stacey Steven . man Resources Director SUBJECT EMPLOYE F THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Fire Department to be recognized for the month of September is Scott Robinson — Fire Engineer/Paramedic. Scott has been re -invited to attend the Council meeting of Tuesday, October 4, 2011, and be recognized for his achievements and service. xc: Scott Robinson Frank Parra — Director Emergency Services Don Miner — Battalion Chief James Stiles — Acting Captain Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (3) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov .r. RECEIVED Chief, I would like to nominate Engineer/Paramedic Scott Robinson as the employee of the month for the following reasons: Employee who demonstrates a high level of service to the community: Scott is one of two program coordinators for the National City CERT. He works extra and provides a leadership in a program that directly benefits the citizens of the community in the disaster preparedness. Employee who makes a substantial contribution to the City of National City's image and sets the example for others to follow: - Scott sets the example of a professional firefighter and paramedic on a daily basis. He performs his engineer duties extremely effectively and is regarded as one of the most competent paramedics on the department. Additionally he actively trains other medics on the department and works with EMT's interested in attending paramedic school. Scott also gives back to the profession by assisting in paramedic training at Southwestern College An individual who has made significant efforts toward improving relationships between the public, business and/or community groups: - Scott has been an integral part of the department's recently developed CPR instructor program. He has begun work with Sweetwater High School to develop a program to teach high school seniors CPR and first aid. Someone who demonstrates a positive willingness to assist fellow staff members: - Scott is always available to his fellow employee to assist with driver/engineer training. He also works daily with fellow EMT in developing their medical skills. Specifically Scott has mentored FF Monololo in all aspects of firefighting. He works with him on every EMS call to evaluate and provide constructive feedback. One who demonstrates creativity and innovation that enhances service and productivity: - Scott is a member of the technology committee and the EMS committee. Both of these are in addition to his normal duties. As the chair of the EMS committee Scott was a vital component in acquiring new enhanced paramedic equipment including new Zoll cardiac monitors and auto -pulse boards. Scott has work with the Regional Care Cooperative in developing a regional Rehab policy to ensure firefighter safety on the fire ground. Someone who provides outstanding guidance, mentoring and/or leadership role: L CITY - See above Employee(s) who promotes exceptional customer service: - On 7/29/11 E34 responded for a medical aid at 950 L Ave. Scott went above and beyond to explain the pt's condition to the family; Scott also explained the vial of life program to the family. Scott attempted to retrieve a vial of life from the rig, but when we could not find one he ensure the family followed the rig to the station on the way to hospital. Scott retrieved them the packet on the program and gave it to them. Scott then went onto restock the rig and restock the supply at station 34. (call # 2011- 0166191) For all these reasons I am certain Scott Robinson is the best choice for the National City Employee of the Month. Sincerely, Jay Stiles Acting Captain National City Fire Department N H National City Employee 's Picnic Committee Members Department Mayor/Council Mayor/Council City Attorney City Manager MIS Finance Human Resources Housing & Grants Neighborhood Services Development Services Engineering Community Services Fire Library Police Public Works Redevelopment Employee Josie Flores -Clark Dionisia Trejo Ginny Miller Lavonne Watts Damon Dong Sheila Pangco Lilia Munoz Carlos Aguirre Vianey Rolon Lynn Cole James Slade Lauren Maxilom Mike Mejia Gloria Olivares Yolanda Felix Ruben Carillo Denise Davis ITEM #2 1014/11 ITEM #3 10/4/11 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF SEPTEMBER 27, 2011 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. 4 EM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City and Southern California Soil & Testing, Inc. to extend the term of the Agreement for one-year, and increase the Agreement by $150,000 for a total not -to -exceed amount of $300,000 to provide geotechnical materials testing services for City projects on an as -needed basis PREPARED BY: Lynn Colye — DEPARTMENT: Development Services/ ring PHONE: 4318 APPROVED BY: • EXPLANATION: Staff is requesting: 1), an extension to the Agreement for one-year, and 2) to increase the Agreement amount by $150,000 for a total not -to -exceed contract amount of $300,000. This will allow required material testing on the following Capital Improvement Projects: City-wide Safe Routes to School 8th Street Sewer upsizing and undergrounding Storm drain improvements Concrete drainage improvements Street resurfacing ADA Park Improvements 8th Street Improvements (Smart Growth Project and Safe Routes to School) Coolidge Avenue Improvements. z,.aitional information is attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: /j iA./iti Finance APPROVED: / MIS No financial impact at this time by increasing the Agreement by $150,000. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $300,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Second Amendment to the Agreement 3. 2009 Agreement with Southern California Soil & Testing, Inc. 4. Resolution Explanation In August, 2009, the Development Services Department, Engineering Division solicited Request for Proposals (RFP) from firms to provide geotechnical materials testing services for various Capital Improvement Projects. Five RFP's were received and two firms were selected to provide the needed on -call services; Ninyo & Moore and Southern California Soil & Testing. On October 6, 2009, the City and Southern California Soil & Testing entered into an Agreement to provide geotechnical materials testing services for City projects on an as - needed basis. On October 5, 2010, the City and Southern California Soil& Testing entered into a First Amendment to the Agreement to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, and added to the Agreement, that the City may at its option, extend the agreement for an additional year, i.e., through October 8, 2012. The proposed resolution would be the second amendment to the Agreement and would: and 1) extend the Agreement for one-year, from October 9, 2011 to October 10, 2012; 2) increase the Agreement by $150,000 for a total not -to -exceed contract amount of $300,000. The following Capital Improvement Projects are moving into the construction phase, and will require materials testing: • City-wide Safe Routes to School • 8th Street Sewer upsizing and undergrounding • Storm drain improvements • Concrete drainage improvements • Street resurfacing Additionally, several upcoming Capital Improvement Projects will require geotechnical materials testing as they move forward. They include: • ADA Park Improvements • 8th Street Improvements (Smart Growth Project and Safe Routes to School) • Coolidge Avenue Improvements Geotechnical materials testing services account for approximately 3% of the total project cost. Staff has calculated the amount needed for material testing services for the above listed projects, and increasing the Agreement by $150,000 will allow adequate funds to cover the needed material testing through the Agreement time period. The various Capital Improvement Projects will fund the required testing. RESOLUTION NO. 2011 — 223 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC., IN THE NOT TO EXCEED AMOUNT OF $150,000 TO PROVIDE ON -CALL GEOTECHNICAL 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 geotechnical materials testing services for various capital improvement projects for the not -to -exceed amount of $150,000; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement through October 8, 2011, with no increase to the compensation; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 10, 2012, and increase the not to exceed amount by $150,000, for a new total 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 a Second Amendment to the Agreement with Southern California Soil & Testing, Inc., for a one-year period, expiring October 10, 2012, to provide on -call geotechnical materials testing services for various capital improvement projects, and an increase of the not to exceed amount by $150,000, fora new total not to exceed amount of $300,000. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND 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 Second Amendment to the Agreement is entered into this 4th day of October, 2011, 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 executed a First Amendment to the Agreement to extend the term for an additional one year term, from October 7, 2010 to October 8, 2011. C. The parties desire to amend the Agreement to extend the term for one additional year, from. October 9, 2011 to October 10, 2012. D. The parties desire to amend the Agreement to increase the not -to -exceed limit by $150,000, for a total Agreement amount of $25O 600 - 300 (run AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Section 6 of the Agreement is amended to extend the term of the Agreement for one-year, from October 9, 2011 to October 10, 2012. 2. The Compensation and Payment in Section 4 of the Agreement is increased, based on actual work requested and performed, not -to -exceed $300,000. 3. Each and every term of the Agreement dated October 6, 2009, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY SOUTHERN CALIFORNIA SOIL & TESTING, INC. By: By: Ron Morrison, Mayor APPROVED. AS TO FORM: Claudia G. Silva City Attorney Gordon Woodard Vice President AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING INC. THIS AGREEMENT is entered into this 6'h day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Southern 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. FOLLOWS: 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 frorn 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 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 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 City'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. 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. 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 City's Standard Agreement - June 2008 revision 4 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 Gtys 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'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, Hs 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 5 Clty'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 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. Attomey'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 attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breath thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, Califomia, 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 attomeys' 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 City's Standard Agreement —June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City of National City Maryarn 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 10 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 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 govemed 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 Citya Standard Agreement —June 2QO 1 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: Ron Morrison, Mayor APPROVED AS TO FORM: SOUTHERN CALIFORNIA SOIL & TESTING INC. (Corporation - signatures of two corporate officers) (Partnership- one signature) (Sole proprietorship - one signature) B By: George H. iser, III City Attorney 60r-4,71 iz (Print) /( / / S tf) (Title) (Print) coo (Title) 9 10 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 will 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 letter; • 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; 1] • 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 — during placement of steel/tendons, and before placement of concrete; • Reinforced concrete, continuous — during the placement and sampling of concrete as required; • Post -tension concrete, continuous — during placement, sampling of concrete as required, 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.); ▪ Non-destructive testing of full and partial -penetration welds; • High strength bolting, periodic — verify faying 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&T's 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 PROFESSIONAL SERVICES EngineerlGeologist Principal Engineer/Geologist $140 Senior Engineer/Geologist 140 Staff Engineer/Geologist 116 Concrete Mix Design Review _ 167 Deposition and Trial Testimony (4-Hour Minimum, with any time over 4 hours billed as 8 hours) 350 Technician Soils/Materials/QA-QC Supervisor $1 15 Soils Technician 77 Materials Technician (ACI) 77 QAIQC Technician (Third Party) 96 Floor Flatness (Dip Stick) Technician 200 Coring - Asphalt, Concrete, Masonry and Gunite 175 Certified Deputy inspection Certified Materials Special Inspector $89 Certified Building Inspector 98 NDT Technician (UT, MT, DT, VT) 98 Batch Plant lnspector 74 OSPHD Inspector A, B / DSA Inspector Level 1,2 108 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 (including the day after Thanksgiving) 2 x Regular Hourly Rate Minimum Professional Fee $500/Project Minimum Field Services Fee $400/Project Rush Surcharge normal rate plus 50% Regular Hourly Rate Per Diem (variable, depending on location).- $80-I60/day Sample Pick Up (San Diego, Riverside and San Bernardino Counties) N/C TRAVEL Personnel EQUIPMENT AND MATERIALS ............................_..._......._........................... ........ :........... _....................... ._.... Included in Technician Rate Outside Services/Equipment/Materials Cost + 20% $50/day Generator Pachometer.-.. $10lhour Concrete Vapor Emission Kits (ASTM F 1869) $35/kit Maximum Density, 4-inch mold (ASTM D1557) Maximum Density, 6-inch mold (ASTM 01557) Rock Correction for Maximum Densities Plasticity Index (ASTM D4318) Hydrometer Analysis (ASTM D422) LABORATORY TESTS Soil And Aggregate $192 Collapse Potential (ASTM 05333) $106 212 Expansion Index (ASTM D4829)._................................ _..._..-._-...-.... I70 25 Sieve Analysis (ASTM 0422) 80 122 Direct Shear, Normal Speed (ASTM D3080) 200 106 Direct Shear, Slow Speed (ASTM D3080) 319 14 LABORATORY TESTS Soil and Aggregate (cont.) Resistance Value, R-Value (Cal 301, ASTM D2844) $265 California Bearing Ratio includes Max Density C (ASTM D1883).....594 Sand Equivalent (Cal 217, ASTM D2419) 85 Corrosivity (inc. pH, resistivity, soluble chlorides and sulfates) .-....-....180 Sieve Analysis, Coarse (ASTM C136)....... _..._..________________ ._....._57 Sieve Analysis, Fine (ASTM C 136) 71 Specific Gravity, Coarse (ASTM C I27) 66 Specific Gravity, Fine (ASTM C 127) 66 Durability Index (Cal 227) 215 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 D2041) 256 Bulk Specific Gravity, Cores (ASTM DI 188) 56 Sieve Analysis Extracted Aggregate (ASTM 05444)......... 86 Percent Bitumen (ASTM D6307) 176 Marshall Density (ASTM O6926) per plug 128 Marshall Density, Stability and Flow (ASTM D6927) per plug .__I68 Additional laboratory testing pi -ices available upon request. Masonry Compressive Strength. Block 8"x 8"x 16" (ASTM C140) $50 Compressive Strength, Prisms 8"x16"x8" or smaller _ .. I 06 Compressive Strength, Prisms Larger than 8"x16"x8" 143 Compressive Strength. Grout 3"x3"x6" (ASTM C10191 26 Compressive Strength, Mortor 2"x4" (ASTM C780) 26 Compressive Strength, Mortor 2"x2" (ASTM C 109)............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 Cl 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 A615tA706)._$71 Tensile Strength;#9 - #1 I (ASTM ES). __..._._............. 87 Bend Test, #3 - #1 I Reinforcing Steel (ASTM E8) 43 TERMS AND CONDITIONS Ali field services will be charged from portal to portal with the following minimum charges: • 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 1.5 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 projecticontract. SCS&T will increase our hourly rate on the 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: SCS&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, ultrasonic copulent, concrete cylinder cans. etc. The following are also included: mileage, travel time. equipment renal, administrative time utilized for photocopying, distribution lists, express mailing, archive searches, etc Equipment renal or subcontracted services not included in our Fee Schedule will be charged at cost plus 20 percent. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Per diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 50 cents per mile for disances over 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presentation 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 18 percent, and charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its 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 SCS&T for This project become subject to state or federal prevailing wage requirements, SCS&T will be compensated for those services at its prevailing wage rates. from the dare these requirements become effective through completion ache 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 877.21 5.4321 www.sc st com 15 AC©RDP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YTTV) 2/1/2011 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, subjecl the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 H Street, Suite 1800 San Diego, CA 92101-8005 INSURED CONTACT NAME: Certificate Department PHONE (A/C, No Pitt)) 619-234-6848 E-MAIL ADDRESS: certificates@cavicgnac . COm PRODUCER CUSTOMER ID #) SOUTII-6 Souther, California Soil & Testing, lnc- 6280 Riverdale Street San Diego, CA 92120 United States INSURER A1R8VET,RRS. PROP CISCQ_OY—.AL INSURER 6:JAMES RIVER INS CO INSURER C : INSURER 0 o FAX 619-234-8601 INSURER(S) AFFORDING COVERAGE NAIC # INSURER E : INSURER F : 6_74 12203 COVERAGES CERTIFICATE NUMBER: 135293 IHIS INDICATED. CERTIFICATE EXCLUSIONS IS .........--- TO CERTIFY TIIAT 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 BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/OOIYYTY) [MM/DOIYYYY) LIMITS p, GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY y "-1 OCCUR 6806686L064 12/1/2010 12/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED PREMISES (Ea occurrence) $ 1, 000, 000 X X GEN'L 1 CLAIMS -MADE ____1� Contractual iability MFD EXP (Any one person) $ 10, 000 PERSONAL &ADV INJURY $ 1,000,000 Cross Liab/Sev of Int GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT �I APPL IES PER ll LOC PRODUCTS - COMP/OP AGG $ 2,000,000 PROT POLICY X JEG- Deductible $ 0 A AUTOMOBILE _X LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS FARED AO I US NON -OWNED AUTOS 6A4611,7600A 12/1/2010 17./1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1, OOi BODILY INJURY (Per person) $ _ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ --- UMBRELLA LIAR EXCESS IIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFtCFR/MEMBER EXCLUDED? (Mandatory in NlQ It yes, describe under Y / N N I A 1013610T318 12/1/2010 12; 1/2011 �C STATU- OTH_ �' i RY L3f�T� ER _ E.L.EACH ACCIDENT $ 1, 000, 0 0 0 below F.I. DISEASE - EA EMPLOYEE -- $ 1,000,000 E_L. DISEASE - POLICY LIMIT $ 1 , 000, 00 0 B Professional Liability 000028777 1/30/2011 1/30/2012 Each Claim Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: All operations. CANCELLATION City nL National City 1243 National City Blvd. National City, CA 91950-4397 United SLaLes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jeffrey J. Steen ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and Ic are registered marks of ACORD CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. 5 EM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City and Ninyo & Moore Corporation to extend the term of the Agreement for one-year, and increase the Agreement by $150,000 for a total not -to -exceed amount of $300,000 to provide geotechnical materials testing services for City projects on an as -needed basis. PREPARED BY: Lynn Col, PHONE: 4318 EXPLANATION: Staff is requesting: 1), an extension to the Agreement for one-year, and 2) to increase the Agreement amount by $150,000 for a total not -to -exceed contract amount of $300,000. This will allow required material testing on the following Capital Improvement Projects: City-wide Safe Routes to School 8th Street Sewer upsizing and undergrounding Storm drain improvements Concrete drainage improvements Street resurfacing ADA Park Improvements 8`h Street Improvements (Smart Growth Project and Safe Routes to School) Coolidge Avenue Improvements. DEPARTMENT: Development Serv. gineering APPROVED BY• huditional information is attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time by increasing the Agreement by $150,000. Various Capital Improvement Projects will fund this agreement on an as needed basis. The total Agreement amount will not exceed $300,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Second Amendment to the Agreement 3. 2009 Agreement with Ninyo & Moore 4. Resolution Explanation In August, 2009, the Development Services Department, Engineering Division solicited Request for Proposals (RFP) from firms to provide geotechnical materials testing services for various Capital Improvement Projects. Five RFP's were received and two firms were selected to provide the needed on -call services; Ninyo & Moore and Southern California Soil & Testing. On October 20, 2009, the City and Ninyo & Moore Corporation entered into an Agreement to provide geotechnical materials testing services for City projects on an as - needed basis. On October 5, 2010, the City and Ninyo & Moore entered into a First Amendment to the Agreement to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, and added to the Agreement, that the City may at its option, extend the agreement for an additional year, i.e., through October 8, 2012. The proposed resolution would be the second amendment to the Agreement and would: 1) extend the Agreement for one-year, from October 9, 2011 to October 10, 2012; and 2) increase the Agreement by $150,000 for a total not -to -exceed contract amount of $300,000. The following Capital Improvement Projects are moving into the construction phase, and will require materials testing: • City-wide Safe Routes to School • 8th Street Sewer upsizing and undergrounding • Storm drain improvements • Concrete drainage improvements • Street resurfacing Additionally, several upcoming Capital Improvement Projects will require geotechnical materials testing as they move forward. They include: • ADA Park Improvements • 8th Street Improvements (Smart Growth Project and Safe Routes to School) • Coolidge Avenue Improvements Geotechnical materials testing services account for approximately 3% of the total project cost. Staff has calculated the amount needed material testing services for the above listed projects and increasing the Agreement by $150,000 will allow adequate funds to cover the needed material testing through the Agreement time period. The various Capital Improvement Projects will fund the required testing. RESOLUTION NO. 2011 — 224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE IN THE NOT TO EXCEED AMOUNT OF $150,000 TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October 20, 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 geotechnical materials testing services for various capital improvement projects for the not to exceed amount of $150,000; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement for one additional year through October 8, 2011, with no increase to the compensation; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 10, 2012, and increase the not to exceed amount by $150,000, for a new total 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 a Second Amendment to the Agreement with Ninyo & Moore for an additional one-year term expiring October 10, 2012, to provide on -call geotechnical materials testing services for various capital improvement projects, and an increase of the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE CORPORATION TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS Thls Second Amendment to the Agreement Is entered into this 4th day of October, 2011, 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 for City projects. B. The parties executed a First Amendment to the Agreement for an additional one year term, from October 7, 2010 to October 8, 2011. C. The parties desire to amend the Agreement to extend the term for one additional year, from October 9, 2011 to October 10, 2012. D. The parties desire to amend the Agreement to increase the not -to -exceed amount by $150,000 for a total Agreement amount of $300,000. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Section 6 of the Agreement is amended to extend the term of the Agreement for one year, from October 9, 2011 to October 10, 2012. 2. The Compensation and Payment in Section 4 of the Agreement, Is increased based on actual work requested and performed, not to exceed $300,000. 3. 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 second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY NINYO & MOORE By: By: Ron Morrison, Mayor AVFAM NINYO Principal Engineer APPROVED AS TO FORM: Claudia G. Silva City Attorney By: Elaine Autus Assistant Secretary t AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE THIS AGREEMENT is entered into this 20th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Ninyo & Moore, (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_ FOLLOWS: 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. Jeffrey Kent, P.E., G_E_, 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 mariner 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 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 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 City 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 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. 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 Cit's 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 CI IN 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 10 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 attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17_ INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its 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. 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 VI1I according to the current Best's Key Rating Guide, or a company equal financial stability that is 5 6 City 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 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 etitled 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 shalt 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, he 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 attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. 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 attomeys' tees, 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 he 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 7 City's Standard Agreement — June 2008 revision D. In the event of termination, aft finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any_ Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E_ The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other cornrnunication 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 8 City's Standard Agreement - June 2003 revisor 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 corning before the CITY in which the CONSUL TANT 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 shalt 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 8 City's Standard Agreereeni - 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 he 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 on Morrison, Mayor APPROVED AS TO FORM: George H. riser, III City Attorney NINYO & MOORE (Corporation - signatures of two corporate officers) (Padnership - one signature) (Sole proprietorship - one signature) 9 (Name) -4th7�U / / 025)/7P6"-- rint) (Title) _/- AAF�i�f/rss (Print) (Title) 10 City'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 City's initial Request for Proposal for On -Call 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 lime 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_ t•`<II: j'1. C.L,!L,,I,j3 9 1 C 3• Prr)ne is S.:3, )1& Ilk() j1i8) ".g<' • +`lia;,i . (),;Y.rlt/t:i ` 135 . 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 Soils Moberg Loot D 4318, CT 21}7 Califcora Bearcg Ratio (CBR), D 1883 Ctdcride and Sulfate Cooler -IL CT 417 8 CT 422 C.nuiclakon,02435.CT219_.__ Crxncfict on-Tme R.ie 0243S, CT 119. _ $ Dr(SI Sher- REnttHkr1. 1130410._ C11 as 9uea tkulstudxd. 03080 __. _.. ____ _-__ $ Dui dailityIndex.C1LAJ ExpaasicmIndex, 04829.UtC18-2 _._.. .__....._ ____1 Erparci iPdatI (Mahal A)0454b Exparrwe Pressue(bkahod C).D 4546 Geoid:6c Torte aid Cingrrirn lest 04612 Tfydahc Cooductiuty. D 5004 Hytrcmget And9eds, 0422, C1203 !locate. Ash, R Ogarre Malta of Peat'(ingaiw exits 1443de Ony D 2216. CT 226..... Moisture and Density, D 2937..__. Pennedility. CH, D 2434, CT pIT and Resistuity. CT 643 -.._ _.. - __.1 Proda Density D 155l.D G98.CT 2168 __ __.._ _....___S AAStDO T-1851 (Rode eanerAms add 180) ft value.° 2844, CT 301 Sand ExniudenL D 2419-CT2t7. _.__. $ Sieve Andysis.D422.CT202.-_ Sieve Andysis.200 Walt D 1140 CT 202 Speck Grality.0851_.-_._-___ Triarel Shea.CO 04767. T 297._.. uaxud Shea C.U., vapae pressure. 0 4761.1 2297 poll _.___.__.S Ttiand gx , C_U_. van Fide pressure. ° 4767. T 1297 pa Fit....._ _ $ Tnax,J Shea, UU_D 2850.. U. lax Cony sicr 02166.T208 .. Wax rkse;�ty D 1108 _.. _. _ _... $ Roofing Holt -up Roofing. alad satiates.02829.._._ -_- Rcxlwg htde'rids Prcipts, D 2829. Roofing Tdef raltrn (or d 5). UPC 15-5....... .... Rcfirg TYe Strogth Ted (sot d 51. UAL 15-5 _... $ $ 5 Masonry Brice Afasdpfidt,24-how sub Rv1SIt_Cli7 -_.. _.. __. I Bride Afsaatim. 5-hour fiilig. C 67 Brick Atsaptim.I day. C 67 _...._ _..__.1 Bride Carpresirn TiTd, C 67 Drick E@rnscmm,C 67__.__ Brick Mdulu of ttrditree,C6!_.. Brick Moisture d; received. C 67.. Brick Saturation c cf1oa t C 67.,_ _ -. $ Coaaele Block Corpression 154.1. 8383 16,C 140.. Gnaele Flock Conlon Ice Padd.R.0 Caaade Black Idled Strib,ale, C 42G- . _ _._._... _.-........ _ $ Concrete Block Unit OOP( and Wolk-13 C 140 1 Cries. Cmpres;ic (x 9-104 BOW. CA Cake Pla5onciGad. 3x34.6 prim t%%irx ersa. UPC 21.13 FJI it y biota. 2x4 oyfilda oxrpresvar_ L OC 21, 16 Llronry 1nm, halt site. axrpr�sion, 1113C 2117 $ $ 145 440 135 175 70 290 150 165 145 145 155 3330 1911 110 su iy 7.1(a 14(1 180 250 9(1 110 90 9(1 390 330 1`.) 140 1(10 90 lam Stripping. CT 302.__-_._ kvdnr DIAty and 1foil Weight CTh1 d AS11✓, CT 366 blrir it S1(t lily. Fl w aw11 kit Might, 1-24'3 hlaninm Ttxxxe1icif lhil Wall, 0 2041 Swirl. C T 305_ 155 500 Igo 190 45 55 60 (lea Value. CT227 CrusiaalParticles. CT205.._- Our3.dily.Codse.CT229._.._ O ratility, Few. CT 229...._ La; 7ugdes Abrasion, C131aC535 _...... 50 Mood mJxgpopiab d fine aggraldte,C 87 ._..... (ironic lnyrikes.0 40_.__.. _._._. __.... Pdmtij Reactivity d AggiegJe (CJurticl 1.1(16(x]), C 739. Sand Co(ivalad. Cf 217... _.. 5Teie Andyss, Coax Augro)Je, C 136- Sieve Alm ,rat, Faw_ Aggsoiatejuxludrg volt), C 136._... 30 Sod(sn Sd(Je Soxxkr•.ss (pa vze hackdi). C 08 - _... Spo fie Garry Corse, C 127 - _. _ SpoilCavity, Fino.0 128_. Uri Wurglrt sarlle a are. 0 2726. CT 3t18....- 45 45 4(1 3, A) 110 Aggregates 7dxsdptor Co rate. C 127_... Absorption, Fait C 128__._.. _....._._ _. (Jay lrnps and Friable Rattles. C 142 60 440 120 55 JS Concrete Current Analysis Owniu.rwt Phroal C 109 _ _._ 1 Cucgx(r;icn Test 6(12 Cyloda,C39 (oracle Mx Dddidn Renew. lob Spec_-__._ _. _.___..... _.. _..$ Co ode Mr Design, per trial Bdcfi. cylinder. ACL_____. CmadeCods, Ccmlxessat(excludes son/Mg) C 42 1 Wok StviN;a)e C 157 Flexural Ted, C.7II FlexrrJTrs1,C 293 _.. ____ _.. _.-.. _.__.1 Flood Tel_CT523 _..-_-. _--__- _._._. __.._ _..b 61.1011a9xlade, Pawls, 3 all w es yr 11a113 ad lest. ACI_ Idlde Tushg latordrxy_..__ _._._ _......_ _. _._. _...._ .itgvamlld Carade H➢,ConKxessien,C 495. Pctiotr<dhic Midys5,C 8.56 FidRNrl T ear,Ae SUHgih, C 496 Reinlerdnq and Slmctural Steel F-u<4rroofigUtar+Cy Tad, ICC7G 1@adae>s Tea, Rack well, A 370 _ _... ._.... ._.8 I igh S7engtla Bak rid R W,ralor Coda orate, so, A-32__.. Mod orreally Spbsed Rcvilarxg Terrile teal ACl __.... _......_._ _....$ Pte-5 e's Str,a1(1 Aire), A 416. _ ___... __ Chaired M.lyvs. A-3 . A-615_.__..._.-.-_.-._.__.. _....._-____..__.1 Itordp(py Tar;de a Bard rrp to fir 11, A615h A1aS..__..._ Structural SIe) Tensde Test Up to 260l1 J(Rrs (machining extra) A 370_.__.. -_.. _ WdikA Ronk-x(9(1g Tacde Tt'0. Up to Do ll n.rat, ACT Asphalt Concrete Asphah kir lk„ gn. CJtrats Churl[ Mx Orr,go Review, Job Spec _ Exit ackon,%Asphalt, includingGakatim 01172,C1310 _ SC><,aal (xc{ra�Nm of St, 43,t1 651 sr>e7rr>' ro vat be dinged al tlx: toldia ads horny rate 1650 22 140 750 :u 250 9) 55 W 250 0nde 40 I la) 80 55 50 120 95 140 120 50 I 10 I 55 2.200 15) 215 103 195 715 120 165 90 _... 5 15 1 35 _._. 1 100 $ 120 $ 140 b 130 $ 180 1 275 _$ 55 $ 350 1 90 1 105 $ 105 $ (GO $ 75 $ 65 19 (lox R (.lode is acid cdeed to pexkian the AASHTO €Ybr65 ent of many ASTLI test procedures /More 12 gv:<rIC0...t,,.<rat 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 $ 139 Senior EngineeriGeologist/Environmental Scientist _. - __ $ 133 Senior Project Engine erlGeologistiEnvironmental Scientist $ 12/ Project Engineer/Geologist/Environmental Scientist _ ___ $ 123 Senior Staff Engineer/Geologist/Environmental Scientist $ 109 Staff Engineer/Geologist/Environmental Scientist _ - _ $ 96 GIS Analyst.... ____------____ _ _ _ - - $ 96 Field Operations Manager $ 8! Supervisory Technician' $ 8/ Nondestructive Examination Technician, 111, M I, 1 f" - $ 87 Pull Test Technician and Equipment' - $ 87 Senior field/Laboratory Technician'_ . $ 77 Field/Laboratory Technician' $ 77 ACI Concrete Technician' $ 77 Concrele!Asphatt Batch Plant Inspector $ 77 Special Inspector, Reinforced Concrete' $ /f Special Inspector, Pre -stressed Concrete' $ 77 Special Inspector, Reinforced Masonry' - $ 77 Special Inspector, Stmclural Steel' $ 77 $ 77 $ 77 Technical Illustrator/CAD Operator $ 69 Geotechnical/Environmental/Laboratory Assistant. -... $ 53 Information Specialist $ 52 Data Processin , Technical Editin. or Re roduction $ 44 Special Inspector, Welding, AWS' ...... Special Inspector, Fireproofing' OTHER CHARGES Expert Witness testimony Concrete Conng Equipment (includes one technician) Special Preparation or Standard Tel Specimens Inclinometer Usage Vapor Emission Kits Rebar Locator (Pac rometer) Nuclear Density Gauge Usage Field Vehicle Usage - - DirectProjectExpenses _.._........... ---------................... I-ahoratory testing, g ophysical eruipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday conslmction hours Over- time rates al 15 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead lime for any re- quested service is 24 hours I field Technician rates are based on a 2-hour minimum_ Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour 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 durng 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 be charged on accounts not paid within 30 days. - TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo 8 Moore's Work Authorization and Agreement $ 400(hr $ 145 fir $ 64lhr S 32/hr $ 30/kit $ 10/hr $ 9/hr $ 8/hr Cost plus 15 % 18 /Bingo, /`/doore 13 1 y.e... Kr I Commitment C l ie nt4: 704 NINYOMOOR1 PRODUCER IDealey, Renton & Associates P. O. Box 12675 •Dakland, CA 94604-2675 510 465-3090 Christine Silan INSURED ACORIi. CERTIFICATE OF LIABILITY INSURANCE 10/14/09°rr' 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. Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 INSURERS AFFORDING COVERAGE INSURER A American Automobile Ins. Co. INSURER BFireman s Fund Insurance Co. INSURERC Lexington Ins. Co. INSURER()' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISI ED 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 1HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POI ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY IIAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR A A TYPE OF INSURANCE POLICY NUMBER GENERAL LABILITY MZG80911156 X COMMERCIAL GENERAL L IABILITY CLAIMS MADE [,X] OCCUR XContractual X RR Cont CG2417 GENT_ AGGREGATE LIMIT APPLIES PLR_ POLICY X JECT I ^ LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS POLICY EFFECTIVE DATE IMM/ODIYY) 10/03/09 OLICY EXPIRATION DATE IMM/DDIYY) 10/03/10 LIMITS EACH OCCURRENCE HRE DAMAGE (Any one fine) MEL) EXY (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG $1,000,000 $1,000,000 $10,000 $1,000000 $2,000,000 $2,000,000 MZG80911156 10/03/09 GARAGE LIABILITY ANY AUTO B EXCESS UABILTTY X] OCCUR f CLAIMS MADE DEDUCTIBLE RETENTION b CGX71476790 A WORKERS COMPEN SA 1 ION A NU EMPLOYERS' LIABILITY 10/03/10 COMBINED SINGLE LIMIT IEa accbenl) BODILY INJURY (Per person) BODILY INJURY (Pet accident) $1,000,000 PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT S OTHER TIIAN EA ACC S AUTO ONLY. AGG $ 10/03/09 10/03/10 EACH OCCURRENCE AGGREGATE WZP80973506 05/01/09 05/01/10 X $9,000,000 s9,000 000 WC STATU- I OTH. TORy LIMITS EB E L EACH ACCIDENT $1,000,000 E.L. DISEASE-EAEMPL OYES $1,000,000 E L DISEASE - POLICY LIMIT $1.000,000 C DTNER Professional & Contractor's Pollution Liab. 013001489 10/03/09 10/03/10 $5,000,000 per Claim $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNENICLES/EXCLUSIONS ADDED BY 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. CERTIFICATE HOLDER ADDITIONAL INSURED City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 ACORD 25-S (7/97)1 of 1 #M259476 IN SURER LETTER: CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER wI$4xino AXWIL TO MAIL 3fl—DAYS WRITTEN NOTICE TOTIIE CERTIFICATE HOLDER NAM ED TOTHF I EFT.) XEiR1l1MLC(XXXXXSOCKCNCX rATIOCXXXXIIMIX6LdCIXWRRLTxEA$111 0000C4XXXIOI OCKICOLOEMDlM IODR X KAIRD:$OOO $BCARLXXJ57U XXXX AUTHORIZED REPRESENTATIVE DAC © ACORD CORPORATION 1958 14 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. nsurance 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: MZG80911156 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 Name Of Additional Insured Person(s) Or Organziation(s): SCHEDULE 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 'TIE 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 I1 - 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 com- 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 tor a principal as a part of the same project. CG 20 10 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. Person or Organization CiLy of National CiLy 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 Client#: 704 NINYOMOOR1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYI 10/04/10 PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Christine Silan INSURED 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 Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 INSURER A INSURER e Travelers Property Casualty Co of Am American Automobile Ins. 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. NOTWITHSTANDING ANY REOUIREMEN1, 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/OW(Y) POLICY EXPIRATION DATE(MM/DOlYY)__ DMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6308986R247 10/03/10 10/03/11 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 CLAIMS MADE X OCCUR MED EXP (Any Dna person) $10,000 X x GEN'L —1 Contractual PERSONAL B ADV INJURY $1,000,000 32,000,000 OCP GENERA,_ AGGREGATE AGGREGATE L !MIT APPLIES PER_ POLICY ECT �X, Loc " I PRODUCTS -COMPIOP AGG $2,000,000 A AUTOMOBILE X X - X LIABILITY ANY AUTO ALL OWNED AUTOS 8108986R247 10/03/10 10/03/11 COMBINED SINGLE LIMIT (Ea accident) Si ,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per occident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY'. AGG $ A EXCESS X LIABILITY OCCUR rJ CLAIMS IrLADE DEDUCTIBLE RETENTION $ CUP8986R247 10/03/10 10/03/11 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80982095 05/01/10 05/01/11 X 1WC STAO TORY LIMITS_ ER E.L. EACI I ACCIDENT $1,000,000 E.L. DISCASE -EA EMPLOYEE $1,000,000 C.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional Contractor's Pollution Liab. 013001588 10/03/10 10/03/11 $5,000,000 per Claim $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMEN NSPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: Brownfield Revolving Loan Program. (See Attached Descriptions) ADDITIONAL INSURFDi INSIJRER LETTER City of National City Attn: Patricia Beard 1243 National City Blvd. NationalCity, CA 91950-4301 CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIN,r6(jOCAX= TO MAIL 3ODAYS WRITTEN NOTICE TO THE CERTIFICATE H OE D ER NAM EU TO TH E LEFTALFEIMMai()000013{i(j( xtFxMilelitrACOMX AUIHORIZED)REPRESENTATIVE ACORD 25-S (7/97)1 of 2 #M274922 18 DAC (a ACORD CORPORATION 1988 DESCRIPTIONS (Continuedfrom Page 1) GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. rance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M274922 19 POLICY NUMBER: 6308986R247 COMMERICAL GENERAL LIABILITY ISSUE DATE: 9/24/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED - WRITTEN CONTRACT (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, its officers, employees, and volunteers. PROJECT/LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured. PROVISIONS 1. The following is added to SECTION 11 - WHO IS AN INSURED: . The person or organization shown in the Schedule above is 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 riot qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insured 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 insurance provided to the additional insured shall be limited to the CG D4 16 05 08 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 rendering of or failure to render any 'professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to that additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring 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 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured shown in the Schedule above is excess over any valid and collectible "other © 2008 The Travelers Companies, Inc. Page 1 of 2 20 COMMERICAL GENERAL LIABILITY insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insurance provided to the additional insured still is excess over any valid and collectible "other insurance", 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 add to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the additional insured: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: 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. CG D4 16 05 08 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 connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense 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 additional insured is primary to that other insurance available to the additional insured which covers that person or organization as a named insured. 4. The following definition is added to the DEFINITIONS Section: Written contract requiring insurance" means that part of any written contract or agreement with the person or organization shown in the Schedule above, under which you are required to include that person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After 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. CO 2008 The Travelers Companies, Inc. Page 2 of 2 21 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. LIZP80982095 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. Person or Organization City of National City Attn: Patricia Beard 12/13 National City Blvd. National City, CA 91950-4301 WC040306 (Ed. 4-84) Schedule Job Description REF: Brownfield Revolving Loan Program. City of National City, its officers, employees, and volunteers. Countersigned by Authorized Representative 22 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. 6 iM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with The Sohagi Law Group, PLC, to provide legal defense services in the not to exceed amount of $101,000 PREPARED BY: Claudia Gacitua Silva PHONE: EXPLANATION: Ext. 4222 DEPARTMENT: APPROVED BY: ity Attorney Margaret Sohagi of the law firm of The Sohagi Law Group, PLC, is an attorney who is well -qualified and experienced in litigation and worked on the Comprehensive Land Use Update for the City. The proposed resolution would authorize a legal services agreement between the City and Ms. Sohagi to continue providing legal services related to the defense in the case entitled Victor Nunez and Community Youth Athletic Association v. City of National City' and Planning Commission in the not to exceed amount of $101,000. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 511-403-081-432-0000 APPROVED: Tax Increment Fund - Risk Mgt - Liability Claim Cost ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: . ement .. _posed resolution RESOLUTION NO. 2011 — 225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SOHAGI LAW GROUP TO PROVIDE LEGAL DEFENSE SERVICES IN THE NOT TO EXCEED AMOUNT OF $101,000 WHEREAS, the City of National City is currently engaged in litigation in a case entitled Victor Nunez and Community Youth Athletic Association (CYAC) v. City of National City and National City Planning Commission (the "CYAC litigation"); and WHEREAS, attorney Margaret Sohagi of the law firm of The Sohagi Law Group, PLC, is representing the City of National City in this matter, and the parties seek to enter into an Agreement for legal services to further memorialize the relationship for legal defense services pertaining to the CYAC litigation; and WHEREAS, The Sohagi Law Group, PLC, is a qualified and experienced law firm, and has provided high quality legal services to the City and the Community Development Commission on a variety of projects and issues pertaining to eminent domain, redevelopment, and related litigation, and the firm is willing to represent the City for the not to exceed amount of $101,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with The Sohagi Law Group, PLC, to provided legal defense services regarding the CYAC litigation in an amount not to exceed $101,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SOHAGI LAW GROUP, PLC THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation (the "CITY") and THE SOHAGI LAW GROUP, PLC, (the "FIRM"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services. Article 1. Retainer. The CITY hereby retains the FIRM to assist in the defense in the case entitled Victor Nunez and Community Youth Athletic Center v. City of National City and National City Planning Commission, Case No. 37-2011-00078086-CU-MC-SC, subject to this Agreement. The FIRM has been representing the Respondents in the above -referenced matter since the inception of the litigation, and the parties now seek to formalize the relationship into writing. Article 2. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. The CITY is engaging the services of Firm Partner Margaret Sohagi. All work shall be performed by or under supervision of Margaret Sohagi. These services include the following: defense in the above -entitled matter. It is expected that the FIRM will work with the CITY's City Attorney and CITY staff. Article 3. Compensation. Compensation paid under this Agreement shall be a blended rate as follows: Principal $275.00 per hour Counsel I, II: $275.00 per hour Associate I, II, III $275.00 per hour Law Clerk $175.00 per hour Paralegal/Legal Assistant: $125.00 per hour A. The FIRM shall not use more than one attorney for the same specific task without the CITY's approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY. B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CITY's City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted and agreed to before being incurred by the FIRM. C. One -hundred one thousand dollars ($101,000) has been appropriated or otherwise duly authorized as the not to exceed amount for the payment of legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY. D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM may charge for work performed for the CITY during any travel time. E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case -by -case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CITY's prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CITY's payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the FIRM .should be submitted to Claudia G. Silva, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM. Page 2 of 7 Legal Services Agnmt (Nunez v. National City) City of National City and The Suhagi Law Group G. The FIRM agrees to forward to the CITY a statement of account for each one -month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements that have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete. (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) The CITY will not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CITY's payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY's representatives may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review. Page 3 of 7 Legal Services Agmnt (Nunez v. National City) City of National City and The Sohagi Law Group Article 4. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY. Article 6. Compliance with Controlling Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the Willis and conditions of this Agreement. Article 7. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report that supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM. Article 8. Indemnification. The FIRM agrees to indemnify and hold each the CITY and their agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY or its agents, officers, or employees. Article 9. Insurance. The FIRM shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CITY. At its sole cost and expense, the FIRM shall take and Page 4 of 7 Legal Services Agmnt (Nunez v. National City) City of National City and The Sohagi Law Group maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the FIRM's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CITY and their elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the CITY and their elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CITY; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CITY by certified mail. Before this Agreement shall take effect, the FIRM shall furnish the CITY with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The FIRM may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The FIRM agrees to comply with the CITY's Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug - free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the FIRM and the CITY, and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the FIRM shall be given to the CITY's City Attorney. Page 5 of 7 Legal Services Agmnt (Nunez v. National City) City of National City and The Sohagi Law Group Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: Claudia G. Silva City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice to the FIRM shall be addressed to: Margaret Sohagi, Esq. The Sohagi Law Group, PLC 11999 San Vicente Boulevard Suite 150 Los Angeles, CA 90024-5136 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The FIRM covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. Page 6 of 7 Legal Services Agmnt (Nunez v. National City) City of National City and The Sohagi Law Group C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM. D. Severability: The unenforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal. E. Waiver: The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the 4th day of October, 2011. CITY OF NATIONAL CITY THE SOHAGI LAW GROUP, PLC (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Ron Morrison, Mayor Margaret Sohagi, Esq. APPROVED AS TO FORM: By: Claudia G. Silva City Attorney Page 7 of 7 Legal Services Agmnt (Nunez v. National City) City of National City and The Sohagi Law Group CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. 1 EM TITLE: TEMPORARY USE PERMIT — Health & Wellness Fair hosted by Paradise Valley Hospital and The National City Times on October 15, 2011 from 10 a.m. to 4 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: Nei• •orb• •;r - ices Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from The National City Times, in conjunction with Paradise Valley Hosp , to conduct a Health & Wellness Fair at the Paradise Valley Hospital Employee Parking Grounds (2400 E. 4th Street) on October 15, 2011 from 10 a.m. to 4 p.m. This event will feature free flu shots plus workshops on health information, wellness counseling, healthcare education, healthcare coverage, and activities such as diabetes awareness. This event is free to all residents, businesses and guests. Paradise Valley Hospital will provide security detail and crowd control. A First Aid booth will be provided by Volunteer Medical Practitioners. There will be sufficient parking for guests to park at the Hospital. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 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 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type or Evert: Pubic Concert Para+e Motion Pclure x Fair _ �=estyral _ Demonstration _ C"'rrus _ C-rand O ering _ Other Crrnmority Event — BIxk Party Ev'errtTtre: 2011 National City Health & Wellness Fair! Paradise Valley Hospital Employee Parking Grounds (cor E.8th & Euclid Av.) Event ocaiion: 10/15/11 10/15/11 ,� : 500 (in & out) Evert Oaters:c F m in Tot l Mlkloat++j. Witte d 100 Parttdpantst 400 ;t crst Ark E-rc1 Haim: 10am amrpm to 4pm ar am pm 2elup+assemtly,YCfl!3rurfcn Cam- 10/14/11 Atari ime: Please des:rte. the icox of your selarF issrrtay work rapedR: derails e put tip canopies - set up stage - put up directional signs for parking - set up tables 1pm and chairs - and other elements to prepare for the event. Direnariie Date: 10/15/11 Carrw7'etk nTIr r: 8pm Wilt3rn LIM ary streeti:sraqu7rg closure as a result of ills ea el. lnolude street nama¢st, rtsy and time of closing and day and true al xpenInW. NONE. 3pensxlna Crgarilallory, Paradise Valley Hospital / The National City Times Far Frail Chief On er at OnjanIzsdan ON °net Ap iIcant rht:arrr Address:P.O. Box 2288 National City, CA91951-2288 Phone: i DaArne Prone: 619-474-5300 Err-r619-474-5300 Fax: t 619-474-6888 , ±� Ditas Yamane Contact Person `on otter day rr ire event Pag+ceILiar 619 474-5300 c/o Ditas Yamane Nol-itcr-Plattt Ditas Yamane NOTE: THIli PERSON WJET BE IN ATTEND.4*CE FOR THE DURATODN OF THE EVENT AND IMMEDIATELY AVAILABLE TO DITY DFF6CIAL4 1 Ir YES, %ease mien the oftrpose and otwrii.re arrourirsi: FREE ADMISSION to the Public. Booth fee for vendor of food, products and services to cover cost.. Is y organization a'Tax Exempt, nonprollY organization? _YES X N iG Are admission, entry, vendor or parf'ctiart le±s redUred? X YES NO Admission & Entry is FREE. Estmatet5 Gross Receipts Inc'uding I)c 1, product arid sponsorship sales Morn Ills eier-_t_ $10,000.00 EsMated Eicoenses for this event What Is the prcferled amount of rwOenue that the Ncnpro?tt Organtzadon eti receare as a rest It of this event? Please pro lde a DETALED DESCRIPTION or }err event. Include deists regarding any components of your t':ent Rich as the use of vehicles, arJmals, Kees or any •other ceritert Information about the evert 2011 National City Health & Wellness Fair - FREE ADMISSION TO OUR COMMUNITY - fea- turing FREE flu shots plus workshops on health information ; wellness counseling ; healthcare education ; healthcare coverage ; and activities such as diabetes awareness - blood pres- sure testing, glaucoma eye testing - weight check - flu shots - and other health and wellness awareness to our community - all FREE to the residents, businesses and guests also features a songs and dances plus showcasing of products and services of local businesses in the health & wellness category and food specialties from local restaurants plus games for young $ nki alikp a curial rpernncihility - giving hark to fhp rnmmunity'c cannel fur a hpttpr rtuality of life. 2011 National City Health & Wellness Fair has partnered with social and civic nonprofit Urydnicdtiuna i.e. Limns Club , Rutdry Club, ArrrCrri der hedItAaovt,idt'Li n, Anreri , sociation; American Red Cross just to name a few. YES X 'N0 ,t i e +_'4ent kre'chts the sat of cars, ell the Gars cone ex Jus 'rt frcel NIt cra1 Chi care rrs? tf NO, `Ist any addh Gnat dealers Invci;ved t NJsr_ Rate: 2 YES X NO Does the event twelve the sate or use of-aYohoic tem -rages? x YES NO 'Mt tterns or ser.tres tee said at the event? If y es, please de celoe: variety of products and services from vendors and participants. _ YES X NO Des the event ihvoise a muvhg route of any kind zfrJeg streets, sdewatks or highways? if YEB, attach a detsled map or yc'u proposed route Indicate the ' rection of travel, and provide a written narrative to expisin you' route_ X YES — NO Does the event 'invoke a ttrrei venue sloe' it YES, attach a detailed she arias showing al streets"marled by Me event X YES _ NO Does the evert "nvotie the use of tents or canopies? tf YES: or tenbtanap!es 50 ales 20 x 10 / 10 x 10 rdCTE: A separ&..e are Deparbrer9t prune Is requted for berts:or canopies. YES X NO 'fall the eveM'nvotoe the use of file Chy stay_ or PA systr_rrr7 In addition to the route map rewired above, please attain a diagrarn sts.ox'ng the overall layout and set-up toc ions it r the folt &1ng hems: Y Alcoholic and Nonalcrtooi* CQr esslacn- b Beer Garden areas_ Fod Concession and;cr Food Preparaitasn areas all food concession will be Please des• t a hoe tool wit be serred at the event prepared by food vendors with permits from health department. Ir you LItitrol ho cook 'food 1.1 the event area please spec3y the method: OAS ELECTRIC RIC CHARCG!L OTHER (,c' -:try is Portebie anWeir Permanent ToiletFsclites Rueter orp otable#fets: 2 it for every 2En peoples required, unless the applicant can show Mat [Mere are rarities in Me immediate area available bo 6i-e pr #Nk dur`ng the event) > rabies and ,hats > Fencing, bathers and;ar b3rritades > Generator locat'oors andror source of elecbt[ Y Canopies orient I:cab:rns Mclude benidcanapy d°rerrsionsj > Baths, a mitts, displays or er.k.sures • 3[•sit ding, beachers, pkit►vyms, stages, grandstands cc misled sjur res > Vehkles arabr alleys • OttW ree'ated event cormprrerix not mitred above Y Traskr containers and dumps -tiers ram: You wrest property dispose of waste and garbage throrrg7rsut it,e term ar ?cur event and trrre1aletg upon [onCus'on or the event the area must be returned 10 a clean [ond #on.) Na€f of east aeii Cars: 25 Trash ronlair3 sit[kJs: 2 N Cesccrbe :rnur ban for clean-up and rural of wane and garbage during and alter the event venue will be cleaned - all trash will be disposed of properly. 3 Please descrtt your prooedAsre>: for bath Crowd Dontrol and Internal rrrtj: PVH will provide security detail and crowd control. plus volunteers to provide smooth flow of program. _ YES X NO Hare you bred any Prolesskx'.ai Security. org4e 4z fon to t' i ie securtty arrangements tcr this event! RYES, please Itst In-house hospital security. Security Drgantralion: SeOLrlty Organization Address_ 2400 E. 4th Street National City, CA 91950 SeurRj Director Narnet Phone: YES X NO Is this a night f:f ere If YES, please state Zia'A' the mail and surrounding -nava rr1t be llumloaeed bo erGsure safety aline participants and spectators: Please Indicate what arrangement you tare made tor ormecing First Alt Staffing and Eyzt"prnent A First Aid Booth provided by Volunteer Medical Practitioners. Please descrte your Accesatilty an far access at yoi evert by hi:41 .1 1 rsPh sa` ies: In Place - courtesy of the Paradise Valley Hospital. Please prorelde a detailed descrptton of you- RNAKM3 plan: Paradise Valley Hospital parking lot. corner E. 8th Street & Euclid Avenue. Please descrbe tinur plan for DIS4UEILED PARKING: Paradise Valley Hospital disabled parking. 4 Pkase dessrbe your plans #r vxi1Ty al m_stdrts, t+ust-esses and churches Impart t tk:e event Advertising via flyers - posters - and newspapers. NOTE Tialatiborhno d residants murk hs nottlled 72 hours In advamae Olsen even* are soheduiaJ to the City parks. X YES _ NO Are there -sny musical entertainment r t es related lo your et nt? 1f YES, please state the number or stapes, rumtrr of bands and type of musk. Number of EtS ►-s: One Number of Sand:: ripe or Musk: DJ Music None X YES _ENO'INI1 soundampIEic nbeused? ttYES, please.n 9am 4pm Start time: amrpm Flntsh rme arn;jm X YES _ NO WII sound chr[ks ` e conducted prior J. Me. event? OYES, please i:ndkar_: 9am 4pm alert time: ameorn ,Feist' Time -Irritant Please descrbe the sound equipment 11^at wit to used fur your event public address - sounds - microphones - ^!ES X Flreworlss, rockets, oroller pyrotiechnks? OYES, please descrb : None. X _ YES _ NO Any signs, banners, decorations, if at 1'ghting? H YEa, pleasedescribe: Banners - Revised Eai?EMS 5 Event Tor Office e Only Department Date Approved? Yes No Initial Specific condos of Approval Council Meeti g Date: Approved: Yes No Vote: kathteen Trees, Director Bu mg& 4 DeparVrmit 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City proptrty, fa 7ities or persc iel are required to provide a minimum of $1,00U,UDD combined single lent hsurance for bodily injury and property damage which invades the City, its officials, agents and employees named as add t nal insured and to sign the Hold Harness Agreement. Certificate of instzance must be attached to this :pit. Organization2011 National City Health & Wellness Fair @ Paradise Valley Hospital Person in Charge of Activity Ditas Yamane @The National City Times P.O. Box 2288 National City, CA 91951-2288 Address Tetepho�rne 619-474-5300 Date(s) of Use October 15, 2011 HOLD HARMLESS .AGREEMENT As a ccndition of the issance of a temporary use p&rnit to conduct its activities on public or private property, the trrrdersigne+d hereby. agree(s) to defend, indt=mr fy and hold harmless the City of fblional City and the Parting Authority and its officers, employees and .agents front aid against any and all bairns, demands, costs, losses, liablity or, for any personal injury, deadl or damage, er both, or any Etigation ,and other Pability, including attorneys fee and the costs of litigation, arising out of or related to the use of put & prmperty cr the uitytaken wider a permit by the pernittee er is agerrts, employees or contractors. tors. $kwgrlure aTAppl card Organizer for 2011 NC Health & Wellness Fair 08/20/11 Officill Date o.MA4ce Use Nip Certificate of assurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: 2011 Paradise Valley Hospital and The National City Times EVENT: Health &Wellness Fair DATE OF EVENT: October 15, 2011 TIME OF EVENT: loam to 4pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Applicant to place speakers so that they face away from residences." RISK MANAGER (619) 336-4370 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FINANCE 1 will need a list of all vendors at least 2 weeks prior to the event. They should all be licensed FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. Fire Department access into and through the booth/tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s)_ Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. Note: TUP states that food will be served at the event. However, nothing has been selected as how the food will be cooked on page 3 of the TUP. 8) if Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars. 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 12) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: Tents: 0-400 sf- $0 401 — 500 sf- $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 200 sf - $200.00 201 — (+) sf - $400.00 13) First Aid will be provided by organization. 14) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 15) Stage is requested on page 3 of the TUP. Due to accessibility last year, the stage could not be used. Has accessibility changed to allow access for the City stage? 16) Please provide a map showing design of event 17) Fire Department Fees can only be waived by City Council. COMMUNITY SERVICES Community Services has no comments/stipulations. POLICE I have reviewed the Temporary Use Permit (TUP) for the Paradise Valley Hospital Health Fair. The event is scheduled to takc place on October 15, 201 1. Per the TUP, the event will take place entirely on the premises of Paradise Valley Hospital, in the employee parking lot located at the corner of 8`h Street and Euclid Avenue. The event takes place during day time hours, 1000-1600 hours. The organizers estimate approximately 500 participants. Paradise Valley Hospital security officers will be used for event security. This is adequate for this type of event. The event dots not block any city streets and should have a minimal impact on traffic flow. The Patrol squads will be alerted to extra patrol the area on the day of the event. Based upon my review of the TUP, no NCPD personnel will be required at the event. There are no NCPD stipulations regarding the event. -Dan Fabinski. Sergeant CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager, CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. 8 M TITLE: TEMPORARY USE PERMIT - Sweetwater Harley Davidson "Flaming Knights MC Dance" at 3201 Hoover Avenue on October 29, 2011 from 8:30 p.m. to 1:30 a.m. with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: Nei . . orho d ce Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the Sweetwater Harley Davidson to conduct the Flaming Knights MC Dance at 3201 Hoover Avenue on October 29, 2011. There will be a DJ, professional photographer, food and beverages. This is the 1 S` annual dance for the Flaming Knights Motorcycle Club. Event organizers have requested approval for the sale/consumption of alcoholic beverages pending approval from the Alcohol and Beverage Control Agency (ABC). Private security will be provided and no city services are being requested. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City Departments and a $200.00 inspection fee for after hour/weekend fire inspection (NCFD). Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lication for a Temporary Use Permit with recommended approvals and conditions of approval. Fax: Sep 9 2011 02:55pm P001/009 Type of Event: Public Concert Parade Motion Picture FEvent Title: w �} Fair Demonstration Grand Openina Festival Circus _Other Cpmmunity Event k Part Event Location:. _ i- V I • 1�. �� Event Date(s): From /t 2 -ii to LQ -11II Total Anticipated Attendance: : Month/Day/Year ,«� ( Spectators) Actual Event Hours' 'r 3t%am/eto ij- 'V ar 1pm Setup/assembly/construction Date: M ;.t 9.! Start time: _ 6 e i' Please describe the scope of your setup/assem ly work (specific details) t AV ( Participants) Dismantle Date: 11)-3' I/ Completion Time: ,_,, L am)pm List any street(s) requiring closure as a result of this �t. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization!il�� Chief Officer of Organization (Name) Applicant (Name): a'f1 / TI/irrl t� Address k Daytime Phone: I/' , 7vening Contact Person "on site" day of the event: Pager/Cellular: 111 _-Ckm Fax (05 477 44 77 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4i/q Vf— 0 Fax: Sep 15 2011 02,t5pm P001/001 Is your organization a `Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? if YES, please explain the purpose and provide amount(s): YES % NO YES XNO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. ,+Ii1 M 1 61/1/111i1 131. /u( 51 ttjj �f j 1,.4 tr I4 amok" .417e.y 4- h Jf,�/fffl, c 7--)Aph r � ur, •I 17z; T7? Pt�r ffcr II f le ��c kw ,,$iteL. ,� YES NO If the event involves the sale of cars, will the cars come exclusively from National City cAealeis7 If NO, list any additional dealers involved in the sale: 2 Fax: Sep 9 2011 02:56pm P003/009 XYES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES XNO 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 fdnts or canopies. YES NO Will the event involve the use of the City stage orPA systemy' 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 ¢ Food Concession and/or Food Preparation areas Please describe how f od will be served at the event: lty Jodi 417 199 rtv If you intend to cook food in the event area please specify the method. GAS ELEU LRIC CHARCOAL OTHER (Specify): 9 Portable and/or Permanent Toile Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids; . 5 Desjctribe your%plan for clean-up and removal of waste and garbage durrii g and after the event: �'Y"f`1�11]'ri%mrlY`P Uilbi�.2 �1is 4 W tglfr p.l.( tft�/ tn 01k Sri ?iii ke d, d . V V V V V V V V Fax: Sep 9 2011 02:57pm P004/009 Please describe your procedures for both Crowd Control and Internal Security: v' 11)1 had kite) 1 5 ettil 44t Ida) XYES 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)_ lie V[r" Phone: f /9'-ij7- 037 YYES _ NO Is this a night event? If YES, please state how the event and surrounding area w be Wu map o enure safety f th p rtici ants andspectators: 113•o 07 Ple se in icate what arra empnt o haute made for providing First Aid Staffin and Eg ipment newt 4. ijr�7,, ` �j r'vf �Itdr r.11`7Cr y t" irAEa�,t S r _ Mtlidir �a 1ju Fa 41GtfttM Please describe your Accessibility an for access at your event by indivi&ua!s with disabilities: Please provide a detailed description of your PARKING plan; Please describe your plan for DISABLED PARKING! 4 Fax: Sep 9 2011 02:57pm P005/009 event. Please d scribe our plans to notify all residents, businesses and churches impacted by the s G J 1 r ? I( CI- 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 rnusic Number of Stages: Number of Bands: Type of Music: 4 YES _ NO Will sound amplification be used? If YES, please indicate Start time: 30 am/ Finish Time fJO /pm YES %K NO Will sound checks he conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event YES .ZNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES K NO Any signs, banners, decorations, special lighting? [f YES, please describe' Revised 08/10/05 5 Fax: Sep 9 2011 02:57pm P006/009 for Office Vse Only Event Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Fax: Sep 9 2011 02:58pm P007/009 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 I larmless Agreement Certificate of insurance must be attached to this permit Organization�)i L�_1 1"! 4.WVJ Person in Charge of Activity 4I2L_lig Address ;3, , / ,yr4/1 Telephone n19, `/c /` 1 Date(s) of Use /9 - i -/ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or. for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under th sermit by the permittee or its agents, employees or co r rs. Official Title Date For Office use Only Certificate of Insurance Approved Date 7 Fax; Sep 9 2011 02:58pm P008/009 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 Fax: Sep 9 2011 02:58pm P009/009 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 Fax: Sep 9 2011 02:56pm P002/009 Is your organization a "Tax Exempt, nonprofit" organization? YES Are admission, entry, vendor or participant fees required? YES If YES, please explain the purpose and provide amount(s): NO NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event Estimated Expenses tor this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event hl?/,ridl/?fgtlt�� 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 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Sweetwater Harley Davidson EVENT: Sweetwater Flaming Knights MC Dance DATE OF EVENT: October 29, 2011 TIME OF EVENT: 8:30pm to 1:30arn APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ 1 SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The speakers used for this TUP should be facing away from neighborhoods. An ABC permit will be required. RISK MANAGER (619) 336-4370 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. All else looks good. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for tire sprinkler systems, standpipes, etc 2) Access to Sweetwater Harley Davidson to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 3) Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 4) Fire Hydrants shall not be blocked or obstructed 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 7) Extinguisher to be mounted in a visible location between 3 h` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. An extinguisher shall be located at stage 10) Fire Department access at roof top to he maintained at all times. At no time shall roof top exits be obstructed Occupancy load posted by the National City Building Official shall be strictly adhered to. Total FD Fee for this event S200.00 COMMUNITY SERVICES Community Services has no comments/stipulations POLICE I have reviewed the Temporary Use Permit (TUP) for the Flaming Knights MiC Dance at Sweetwater Harley Davidson. The event is scheduled to take place on October 29, 2011. Per the TUP, the event will take place entirely on the premises of Sweetwater Harley Davidson, 3201 Hoover Avenue. The organizers estimate approximately 200 participants. The event organizers have requested approval for the sale/consumption of alcoholic beverages. The Chief of Police is not opposed the request. The organizers list they have hired a private security company, Casper and Associates. Based upon my review of the TUP, no NCPD personnel will be required at the event. There are no NCPD stipulations regarding the event other than the event organizers must follow all laws, especially those regarding alcoholic beverages. -Dan Fabinski, Sergeant CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4th, 2011 AGENDA ITEM NO. EM TITLE: !Warrant Register #10 for the period of 08/31/11 through 09/06/11 in the amount of $1,858,874.12 PREPARED BY: 'K. Apalateguij DEPARTMENT: Fin.nc• PHONE: I619-336-4331 1 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/31/11 through 09/06/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Northrop Grumman Corp 243455 $60,739.00 AFR Police Software 7/1/2011 — 6/30/2012 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,858,874.12 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #10 1/2 PAYEE E2 MANAGE TECH INC EDCO DISPOSAL CORPORATION SAN DIEGO BUSINESS JOURNAL SAN DIEGO COUNTY RECORDER SAN DIEGO GAS & ELECTRIC SDG&E VERIZON WIRELESS ALL FRESH PRODUCTS BEARD BONSUISSE INC CA STATE UNIV LONG BEACH CA STATE UNIV LONG BEACH CALIFORNIA ELECTRIC SUPPLY CAMEON CITY OF ESCONDIDO CITY OF NATIONAL CITY CLEARS .EARS )UNTY OF SAN DIEGO CPOA DAPPER TIRE COMPANY DATA TICKET INC DAY WIRELESS SYSTEMS DOUCETTE DOUGHERTY FEDEX FERGUSON ENTERPRISES INC G & A AUTOMOTIVE, INC. GONZALES GREEN MECHANICAL CONTRACTORS GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS HERNANDEZ JERAULDS CAR CARE CENTER JOSSE LASER SAVER INC NAPA AUTO PARTS NATIONAL CITY HOST LIONS CLUB NATIONAL PHARMACEUTICAL RETURN NORTHROP GRUMMAN CORPORATION NUTTALL ORANGE COUNTY SHERIFFS DEPT RANGE COUNTY SHERIFF'S DEPT RANGE COUNTY SHERIFFS DEPT ORIENTAL TRADING CO INC PADRE JANITORIAL SUPPLIES INC PCS MOBILE PERISCOPE HOLDINGS, INC. PFRRY FORD NA. e =s , XNCOR,ORATED 414L1FOR,NIA* CITY. WARRANT REGISTER #10 9/6/2011 DESCRIPTION CONSULT SVCS/ APRIL 2011 / REDEV WASTE DISPOSAL SERVICES / CDC SD BUSINESS JOURNAL SUBSCRIPTION RECOR FEES/RECONVEYANCE LOANS ENGINEERING SVCS/ AQUATIC CENTER GAS AND ELECTRIC UTILITIES / CDC VERIZON CELL PHONE SVCS / SEC 8 FOOD / NUTRITION CENTER 125 PLAN REIMBURSEMENT MILK & DAIRY DELIVERY / NUTRITION REG: FIELD EVIDENCE TECH/ NUTTALL TUITION: FIELD TRAINING PROG/HRNDZ MOP 45698 ELECTRICAL MATERIAL SUBSISTENCE, CANINE MNGMT COURSE REG: FIREARMS INST COURSE/ YBARRA PETTY CASH REPLENISHMENT/JUL 2011 REG: CLEARS 20111 MARTINEZ REG: CLEARS 2011 / GIEDD HIRT MEMBERSHIP FY12 / FIRE DEPT TUITION: CANINE PRGM MNGMT/CAMEON MOP 72654 TIRES CASIO IT 800 HANDHELD UNIT PARTS TO REPAIR THE RADIO/POLICE 125 PLAN REIMBURSEMENT SUBSISTENCE: FTO UPDATE SHIPMENT SERVICES / FINANCE MOP 45723 PIPES. VALVES, FITTINGS MOP 72655 R&M AUTO EQUIPMENT SUBSISTENCE: SUPERVISORY COURSE CHILLER REPLACEMENT PROJECT, AUGUST OFFICER ASSIST PROG/JUL-AUG 11 MEAT DELIVERY / NUTRITION CENTER SUBSISTENCE: FIELD TRAINING PRGM STEERING , LABOR & ALIGNMENT / PW 125 PLAN REIMBURSEMENT PRINTER MAINT & REPAIR SVCS / MIS MOP# 45735. AUTOMOTIVE SUPP/PARKS FIREWORKS DISPLAY / JULY 4TH 2011 RETURN OF EXPIRED NARCOTICS/FIRE AFR SOFTWARE 7/1/11 - 6/30/12 SUBSISTENCE: FIELD EVIDENCE COURSE REG: SUPERVISORY COURSE/SPRINGER REG: SUPERVISORY COURSE/GONZALES TUITION: FTO UPDATE/DOUGHERTY SUPPLIES FOR TINY TOTS / COMM SVCS JANITORIAL SUPPLIES / NUTRITION #DS-PAN-102-1, 30/29/28XDOCK NIGP 5-DIGIT COMMODITY CODE ANNUAL MOP 45703 AUTO PARTS CHK NO DATE AMOUNT 243416 9/6/11 6,600.00 243417 9/6/11 104.75 243418 9/6/11 69.00 243419 9/6/11 68.00 243420 9/6/11 1,504.00 243421 9/6/11 45.64 243422 9/6/11 273.61 243423 9/6/11 3,590.50 243424 9/6/11 50.00 243425 9/6/11 729.55 243426 9/6/11 669.00 243427 9/6/11 304.00 243428 9/6/11 254.29 243429 9/6/11 1,107.57 243430 9/6/11 400.00 243431 9/6/11 858.04 243432 9/6/11 375.00 243433 9/6/11 375.00 243434 9/6/11 34,529.00 243435 9/6/11 393.00 243436 9/6/11 474.10 243437 9/6/11 19,917.75 243438 9/6/11 321.30 243439 9/6/11 51.63 243440 9/6/11 497.22 243441 9/6/11 25.13 243442 9/6/11 308.85 243443 9/6/11 388.14 243444 9/6/11 1,280.00 243445 9/6/11 37,263.60 243446 9/6/11 1,737.50 243447 9/6/11 1,129.41 243448 9/6/11 384.00 243449 9/6/11 947.75 243450 9/6/11 1,086.96 243451 9/6/11 2,589.24 243452 9/6/11 260.93 243453 9/6/11 6,250.00 243454 9/6/11 60.65 243455 9/6/11 60,739.00 243456 9/6/11 1,486.46 243457 9/6/11 118.00 243458 9/6/11 118.00 243459 9/6/11 55.00 243460 9/6/11 95.49 243461 9/6/11 79.53 243462 9/6/11 21,449.54 243463 9/6/11 150.00 243464 9/6/11 61.88 2/2 PAYEE POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY RAMONA RIOS RODRIGUEZ SDG&E SPARKLETTS SPRINGER STAPLES ADVANTAGE STARTECH COMPUTERS SYSCO SAN DIEGO TELESTRATEGIES TELLEZ TOM MOYNAHAN U S BANK U S MARSHALS SERVICE VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VERMEER PACIFIC WADE & ASSOCIATES WESTAIR GASES & EQUIPMENT INC WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period 18 Start Date 8/9/2011 -0- CA17 FORNIA. 'NQORPORATE13 WARRANT REGISTER #10 9/6/2011 DESCRIPTION MOP 67839 AUTO PARTS MOP# 45707. SUPPLIES / FIRE KNIFE SHARPENING SVCSS/NUTRITION 8TH STREET SEWER DESIGN MOP 45742 LAUNDRY SERVICE REIMBURSEMENT / CA CITIES CONE 125 PLAN REIMBURSEMENT FACILITIES GAS & ELECTRIC WATER / COUNCIL SUBSISTENCE: SUPERVISORY COURSE MOP# 45704. OFFICE SUPPLIES / POLICE MOP# 61744. COMPUTER SUPPLIES/MIS FOOD & CONSUMABLES / NUTRITION REG: ISS CRIMINAL INV CONF/DIZINNO 125 PLAN REIMBURSEMENT MOP# 45734. TOWING SVCS/ POLICE CREDIT CARD EXPENSES / CM RETURN OF SEIZED CURRENCY STRAY ANIMAL VET CARE / POLICE VERIZON WIRELESS PHONE SVCS/ LIB SHARPENING #1400B ART CENTER CO2 FOR TRAINING TOWER / FIRE MOP# 45763. ELECTRIC SUPPLIES/FIRE Start Date 8/31/2011 End Date 8/22/2011 End Date 9/6/2011 Check Date 8/31/2011 CHK NO DATE AMOUNT 243465 9/6/11 176.18 243466 9/6/11 202.09 243467 9/6/11 46.00 243468 9/6/11 18,497.25 243469 9/6/11 250.23 243470 9/6/11 178.70 243471 9/6/11 385.76 243472 9/6/11 31,897.30 243473 9/6/11 46.18 243474 9/6/11 1,280.00 243475 9/6/11 571.16 243476 9/6/11 773.97 243477 9/6/11 4,190.03 243478 9/6/11 995.00 243479 9/6/11 475.27 243480 9/6/11 649.00 243481 9/6/11 1,537.81 243482 9/6/11 73.62 243483 9/6/11 390.' 243484 9/6/11 201.6 243485 9/6/11 347.78 243486 9/6/11 9,008.50 243487 9/6/11 27.83 243488 9/6/11 231.22 A/P Total 284,060.00 689,687.59 885,126.53 GRAND TOTAL $__ 1z858 874.12 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4th, 2011 AGENDA ITEM NO. J.0 TITLE: ;Warrant Register #11 for the period of 09/07/11 through 09/13/11 in the amount of $801,218.02 PREPARED BY: 'K ApalateguiDEPARTMENT: Fina ce PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/07/11 through 09/13/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount City of Chula Vista 243508 $52,721.00 Project Design Consultant 243550 $99,537.86 Emp Ret System 243553 $272,315.15 Explanation Animal Shelter 8/2011 Consult Services General plan update Retirement Insurance Service period 9-11-3 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: (Ratification of warrants in the amount of $801,218.02 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #11 +->-* C A L'1 IA 1/2 PAYEE HACSC COMMUNITY HOUSING WORKS COUNTY OF SAN DIEGO NBS NORRDIN POWER PLUS SOUTH COUNTY ECONOMIC STAPLES ADVANTAGE AAIR PURIFICATION SYSTEMS ABCANA INDUSTRIES AFLAC AIR & BUILDING SCIENCES INC ALL FRESH PRODUCTS BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BRENNTAG PACIFIC INC CALPELRA CATHERINE SAULOG EY OF CHULA VISTA AIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COUNTY OF SAN DIEGO DELTA CARE USA DELTA DARE USA DELTA DENTAL DELTA DENTAL DISCOUNT SPECIALTY CHEMICALS ED & CAROLYN ROETERS ENNIS PAINT SAN DIEGO EXPERIAN GORMSEN APPLIANCE CO GRANICUS INC GREGORY BALLARD GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS HD SUPPLY PLUMBING HERNANDEZ HONEYWELL INTERNATIONAL INC IRON MOUNTAIN JARIN MCCLINTON JOHN T MCGOUGH KAISER FOUNDATION HEALTH PLANS ISER FOUNDATION HEALTH PLANS 3ER SAVER INC LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LOPEZ MALDONADO MALLORY FIRE A Q I21TCORpO tATED WARRANT REGISTER # 11 9/13/2011 DESCRIPTION OFFICER'S GROUP FALL CONFERENCE ANNUAL SERVICE CHARGE DOC REVIEW / CORRESPONDENCE LANDSCAPE MAINTENANCE / REDEV SECTION 8 SEMINAR - FINANCE EQUIPMENT RENTAL (POWER POLES) MEMBERSHIP ASSESSMENT MOP 45704 OFFICE SUPPLIES - CDC 8" GRABBER ASSEMBLY / FIRE POOL CHEMICALS AFLAC ACCOUNT BDM36 SEP 2011 LIABILITY CLAIM COSTS FOOD / NUTRITION CENTER MOP 67727 METAL NAME TAG - PD MILK & DAIRY DELIVERY / NUTRITION POOL CHEMICALS 36TH ANNUAL TRAINING CONE REFUND - CITATION DISMISSED ANIMAL SHELTER COSTS - 8/2011 CONSULT / LIABILITY & RISK SEPT 2011 HAZARDOUS WASTE PICKUP GEN HAZARDOUS MATERIAL PERMIT PMI DENTAL INS DELTACARE SEP'11 PMI COBRA DENTAL INS AUG 2011 DENTAL INS SEP 2011 COBRA DENTAL INS AUG 2011 LIQUID LIVE BACTERIA SOAP LIABILITY CLAIM COSTS MOP 74690 MATERIALS & SUPPLIES CREDIT CHECK / NEW PD EMPLOYEES MAYTAG DISHWASTER F10401270 AUGUST /SEPTEMBER WEBCAST REFUND OF BANNER ADMIN BILL PRE -EMPLOYMENT PSYCHOLOGICAL EVAL MEAT DELIVERY / NUTRITION CENTER PLUMBING MATERIAL EDUC REIMB/CRIMINOLOGY - PD HVAC MAINTENANCE RECORDS MANAGEMENT/ CITY CLERK REFUND - TICKET OVERPAYMENT REFUND - WITHHOLDING ORDER KAISER RETIREES INS SEP 2011 KAISER RET INS COBRA AUG 2011 MOP 45725 TONERS / PD DON DETICH/AUGUST 2011 DON DETICH/JULY 2011 TRANSLATION SERVICES REIMB - CLASS B LICENSE SUPPLIES / FIRE CHK NO DATE 243489 9/12/11 243490 9/13/11 243491 9/13/11 243492 9/13/11 243493 9/13/11 243494 9/13/11 243496 9/13/11 243497 9/13/11 243498 9/13/11 243499 9/13/11 243500 9/13/11 243501 9/13/11 243502 9/13/11 243503 9/13/11 243504 9/13/11 243505 9/13/11 243506 9/13/11 243507 9/13/11 243508 9/13/11 243509 9/13/11 243510 9/13/11 243511 9/13/11 243512 9/13/11 243513 9/13/11 243514 9/13/11 243515 9/13/11 243516 9/13/11 243517 9/13/11 243518 9/13/11 243519 9/13/11 243520 9/13/11 243521 9/13/11 243522 9/13/11 243523 9/13/11 243524 9/13/11 243525 9/13/11 243526 9/13/11 243527 9/13/11 243528 9/13/11 243529 9/13/11 243530 9/13/11 243531 9/13/11 243532 9/13/11 243533 9/13/11 243534 9/13/11 243535 9/13/11 243536 9/13/11 243537 9/13/11 243538 9/13/11 AMOUNT 380.00 13,000.00 1,499.00 806.00 229.40 195.00 7,500.00 84.19 1,282.98 1,021.40 1,452.44 910.00 1,470.26 21.75 365.85 1,362.84 885.00 60.00 52,721.00 4,965.00 1,326.00 432.00 2,944.22 125.77 12,589.03 691.33 499.58 16,839.30 91.35 27.72 504.53 2,954.70 1,975.00 250.00 495.40 189.31 1,500.00 32,284.07 109.88 10.00 168.00 23,275.85 6,102.82 503.81 8,006.39 2,693.97 140.00 125.00 113.97 -+r-t CALI,FORNIA - 2/2 PAYEE MAN K-9 INC. N C CHAMBER OF COMMERCE NAPA AUTO PARTS ORKIN PEST CONTROL PADRE JANITORIAL SUPPLIES INC PENNY SAVER PENNY SAVER PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO BUILD PROJECT DESIGN CONSULTANTS PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM R J SAFETY SUPPLY RESTORATION MGMT COMPANY RESTORATION MGMT COMPANY S & S WELDING SAFDIE RABINES ARCHITECTS SAN DIEGO BMW MOTORCYCLES SAN DIEGO MIRAMAR COLLEGE SANDAG SDCMOA SILVERADO AVIONICS SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY WINDOW & GLASS CO STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC UNION TRIBUNE PUB CO V & V MANUFACTURING VCA EMERGENCY ANIMAL HOSPITAL VIORA WAXIE SANITARY SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT N CIl INQORPOHA:TED WARRANT REGISTER # 11 9/13/2011 DESCRIPTION MAINTENANCE TRAINING / POLICE K-9 FY12 CONTRIBUTION TO NC CHAMBER MOP 45735 AUTO PARTS PEST MAINTENANCE JANITORIAL SUPPLIES / NUTRITION STATE OF THE CITY ADDRESS AD STATE OF THE CITY ADDRESS AD MOP 45703 AUTO PARTS MOP 67839 AUTO PARTS MOP 45707 SUPLIES - PD MOP 45707 SINGLE CUT KEY - PD CONSULT SVCS/ NC GEN PLAN UPDATE ADMIN. SERVICES, AUGUST, 2011 MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 9-11-3 LIME CLASS-2 SOLID FRONT/MESH LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS 40 3/4 X 25 1/2 X 2 1/2 TRF GRATES EXPERT SVCS / AQUATIC CENTER R&M CITY VEHICLES REGIONAL OFFICER TRAINING PREP OF STATISTICAL REPORT POLICE MOTORCYCLE TRAINING 254CH 45 WATT RADIO / FIRE DEPT MOP 45756 SUPPLIES - FIRE MOP 63845 BUSINESS CARD - PLANN 45 3/4 X 75 1/4 X 1/4", CLR GLASS MOP 45704 OFFICE SUPPLIES - PLANN TACK OIL, ASPHALT PARKS WATER BILL FOOD / NUTRITION CENTER MOP 45726 AUTO PARTS LEGAL NOTICES ADVERTISING/C CLERK NC POLICE BADGE REPAIRS STRAY ANIMAL VET CARE / POLICE FIRE APP DRIVER/OPERATOR 1B JANITORIAL SUPPLIES AUG 2011 WC REPLENISHMENT CHK NO DATE AMOUNT 243539 9/13/11 800.00 243540 9/13/11 45,000.00 243541 9/13/11 1,895.98 243542 9/13/11 373.33 243543 9/13/11 438.62 243544 9/13/11 280.13 243545 9/13/11 280.13 243546 9/13/11 668.21 243547 9/13/11 176.21 243548 9/13/11 189.14 243549 9/13/11 14.02 243550 9/13/11 99,537.86 243551 9/13/11 4,592.00 243552 9/13/11 399.06 243553 9/13/11 272,315.15 243554 9/13/11 37.18 243555 9/13/11 12,546.66 243556 9/13/11 7,251.30 243557 9/13/11 440.4, 243558 9/13/11 41,837.. 243559 9/13/11 452.92 243560 9/13/11 18.00 243561 9/13/11 125.00 243562 9/13/11 195.00 243563 9/13/11 4,025.04 243564 9/13/11 205.47 243565 9/13/11 157.70 243566 9/13/11 930.96 243567 9/13/11 1,215.41 243568 9/13/11 151.71 243569 9/13/11 439.90 243570 9/13/11 1,712.27 243571 9/13/11 575.85 243572 9/13/11 4,842.00 243573 9/13/11 353.80 243574 9/13/11 605.00 243575 9/13/11 137.00 243576 9/13/11 53.95 A/P Total 712,450.82 35724895 9/8/11 88,767.20 GRAND TOTAL $ 801,218.02 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT E: October 4, 2011 AGENDA ITEM NO. 11 M TITLE: Notice of Decision — Planning Commission approval of a Coastal Development Permit for the widening of Bay Marina and Civic Center Drives and Interstate 5 on and off ramps in the Coastal Zone (Applicant: Caltrans) (Case File 2011-23 CDP) PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: DEPARTMENT: Devel e t'Svcs/Planning. APPROVED BY: The Caltrans project is intended to improve the flow of traffic for vehicles entering and exiting from Interstate 5, reducing traffic impacts on adjacent City streets. Improvements are mostly related to re -striping, re -alignment and signalization of intersections leading to and from Interstate 5. The embankment on the southwest corner of Bay Marina Drive and the northbound 1-5 on -ramp is proposed to be cut into in order to add another lane leading to the freeway. Proposed Bay Manna Drive improvements would tie in with recent hardscape and bike lane improvements installed by the City. Planning Commission conducted a public hearing on September 19, 2011. Commissioners asked questions regarding specific improvements and one citizen asked for design clarification, which was addressed to the satisfaction of the questioner. The Commission voted to approve the Coastal Development Permit based on required findings. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS TAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. ARD ! COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Absent:, DeLaPaz ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 23-2011 4. Reduced Plans -7 11 i 7 / Bay Marina J,r 5 alelsaalui 0 CD 1r 17,17 PT I - Civic Center Dr 1 1 r-- r-- L_ -Mile_of Cars Wy r L Aprox. Project Areas Coastal Zone Boundary 1 1 I Feet 0 250 500 1,000 S et & Freeway Rights -Of -Way Planning Commission Location Map 2011-23 CDP 6 9 6 - 1 1 CITY OF NATIONAL CITY - DEVELOPMA1-N I SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No: Location: Staff report by: Applicant: Plans prepared by: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 6 September 19, 201 ' PUBLIC HEARING — COASTAL DEVELOPMENT PERMIT FOR THE WIDENING OF BAY MARINA & CIVIC CENTER DRIVES AND INTERSTATE 5 ON & OFF- RAMPS IN THE COASTAL ZONE 2011-23 CDP Street and Freeway rights -of way Martin Reeder, AICP - Assistant Planner California Department of Transportation (Caltrans) Caltrans OS (Open Space), IM (Medium Industrial) & Harbor District (Subarea A), all within the Coastal Zone (CZ) Industrial uses / IM-CZ Interstate 5 / OS -CZ Industrial uses and Paradise Marsh / IM-CZ & Harbor District Specific Plan Area Industrial uses / IM-CZ Categorical Exemption — Class 1, Section 15301 (Existing Facilities) BACKGROUND Site characteristics The project area is comprised of two separate areas, both of which are streets that cross under Interstate 5. The two streets are Bay Marina Drive and Civic Center Drive. At these locations there are both on and off -ramps to Interstate 5. The southwest extent of the project area is within Subarea A of the Harbor District Specific Area Plan. Paradise Marsh, also located within the Harbor Plan area, is located south of the Bay Marina Drive project area. Project proposal The Caltrans project is intended to improve the flow of traffic for vehicles entering and exiting from Interstate 5, reducing traffic impacts on adjacent City streets. Specific improvements are as follows: Bay Marina Drive: • Add an exclusive right -turn lane onto southbound 1-5 by encroaching into the existing slope between Cleveland Avenue and the southbound ramp. • Add left -turn lanes to northbound and southbound 1-5 by removing the sidewalk on the south side of Bay Marina Drive between the southbound on -ramp and northbound off -ramp. • Signalize the Cleveland Avenue intersection (currently an all -way stop) and provide bike lanes along Bay Marina Drive. This project will tie in with recent hardscape and bike lane improvements installed by the City along Bay Marina Drive. Civic Center Drive: • Signalize the Wilson Avenue/I-5 northbound on -ramp intersection. • Add a northbound lane for Wilson Avenue. • Realign and widen the northbound 1-5 on -ramp from Civic Center Drive. • Lengthen the left -turn pocket from westbound Civic Center Drive to southbound 1-5. • Add exclusive left -turn pockets from eastbound/westbound Civic Center Drive at the Wilson Avenue intersection (re -striping work only). In addition to the activities described above, Caltrans is proposing to remove and replace existing landscaping and irrigation in the area. Specifically, the areas in question are on the north and south side of Bay Marina Drive west of the southbound 1-5 on and off -ramps, and on the east side of the northbound Civic Center Drive on -ramp. In both cases, the proposed landscaping increases and augments the amount of existing landscaping. Paradise Marsh is outside of the proposed scope of this project. 2 Analysis General Plan The project complies with applicable General Plan goals and policies, and with Land Use Code requirements, since freeway and road rights -of -way use are identified by the General Plan as an appropriate use in the project area. Local Coastal Plan The inland extent of the Interstate-5 Right -Of -Way is the coastal zone boundary, so work proposed east of the freeway that is outside of Caltrans ROW is exempt from Coastal Development Permit requirements. The signalization at the Cleveland Avenue and Bay Marina Drive intersection is also exempt under the Local Coastal Plan. Work that goes beyond what is "necessary to preserve the highway facility as it was constructed," would require "excavation or disposal of fill outside the roadway prism," and would result in an "expansion of the existing public road facility," would trigger a Coastal Development Permit In this case, the addition of an additional lane to the southbound on -ramp at Bay Marina Drive triggers the permit. The remainder of the work proposed is limited to re -striping, realignment and signalization, which is exempted under the Local Coastal Plan under road maintenance activities. The project is consistent with the Local Coastal Plan in that it involves minor alterations within existing rights -of -way in an area designated by the Local Coastal Plan for such use. Additionally, the development will not affect coastal resources or access and therefore complies with Marshland Preservation Policies. Harbor District Specific Plan As mentioned above, part of the project is located within the Harbor District Specific Area Plan, Subarea A. This area includes the Marina Gateway project and the slope overlooking Paradise Marsh. The project does not involve any development outside of the existing road right-of-way along Bay Marina Drive (the embankment is within the right-of- way). In information submitted with the application, it has been determined that there is no habitat in the area of encroachment into the embankment along Bay Marina Drive and there will not be any change in existing drainage to or from the area. Based on the project scope and the other information mentioned above, it can be determined that the project will not encroach into wetlands, interfere with any habitat or habitat buffers and will be consistent with the Harbor District Specific Area Plan. 3 Summary The proposed work is consistent with all applicable City plans and policies. The project will improve the flow of traffic for vehicles interfacing with Interstate 5, reducing traffic impacts on adjacent City streets. In addition, much of the project proposal is exempt from the Coastal Development process as it is not within the coastal zone boundary. The additional lane to the southbound on -ramp at Bay Marina Drive triggers the need for the Coastal Development Permit. No change in use is proposed, with the exception of the encroachment into the embankment along Bay Marina Drive, which will be augmented with added landscaping that will beautify the area and help control stormwater runoff. Furthermore, the project is consistent with recent City hardscape and street improvement projects. RECOMMENDATION Approve 2011-23 CDP based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Location Map 3. Site photos 4. Notice of Exemption 5. Public Hearing Notice (Sent to 27 property owners and occupants) 6. Applicant's Plans (Exhibit A dated 9/6/2011 Case File No. 2011-23 CDP) MARYAM BABAKI Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the project involves minor freeway and street alterations within existing rights -of -way in an area designated by the Local Coastal Program for such use. That there are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the coastal development permit, since the development will not affect coastal resources or access, since there are no unusual hazards associated with the development, and since the proposal incorporates Best Management Practices and complies with Marshland Preservation Policies_ 3. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the project is consistent with the Harbor District Specific Area Plan, complies with applicable Land Use Code requirements, and since the freeway use involved in the project is identified by the General Plan as an appropriate use in the project area. 5 1-5 Civic Center Photos Looking west Looking north (on ramp to northbound 1-5) 7 1-5 Bay Marina Photos Looking east Looking west ITT YNco RPO$AT FD NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2011-23 CDP Project Location: Coastal Development Permit for the widening of Bay Marina & Civic Center Drives and Interstate 5 on and off -ramps in the Coastal Zone_ Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: The project is proposed by Caltrans and involves maintenance, signalization, landscape replacement and lane widening/addition in the 1-5, Civic Center Drive and Bay Marina Drive rights -of -way. Applicant Name and Address: California Department of Transportation c/o: Joel Sims 4050 Taylor Street, MS 333 San Diego, CA 92111 Exempt Status: Telephone Number: (619) 688-0135 Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Reasons why project is exempt: The project involves minor alteration of existing portions of Interstate 5 and city street rights -of -way. The maintenance/replacement/lane widening will he entirely within existing rights -of -way and will result in negligible or no expansion of the freeway use or impact to City streets. Date: MARTIN REEDER, AICP Assistant Planner 9 C_-'LNgoal'oPA.T. CITY OF NATIONAL CITY - DEVELOPMEN I SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CIIY, CA 91950 NOTICE OF PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR THE WIDENING OF BAY MARINA & CIVIC CENTER DRIVES AND INTERSTATE 5 ON & OFF- RAMPS IN THE COASTAL ZONE CASE FILE NO.: 2011-23 CDP The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 19, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Caltrans) The applicant is proposing to install roadway improvements including signals, striping, sidewalks, additional freeway entrance/exit lanes and the widening of existing City rights -of -way in order to improve traffic circulation for vehicles interfacing with Interstate 5. Information is available for review at the City's Planning Division, Civic Center_ Members of the public are invited to comment_ Written comments should be received by the Planning Division on or before 12:00 p.m., September 19, 2011, who can be contacted at 619-336-4310 or planninganationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION 2 ` MARYAM BABAKI Development Services Director 10 RESOLUTION NO. 23-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE WIDENING OF BAY MARINA & CIVIC CENTER DRIVES AND INTERSTATE 5 ON & OFF- RAMPS IN THE COASTAL ZONE APPLICANT: CALTRANS CASE FILE NO. 2011-23 CDP WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit for the widening of Bay Marina & Civic Center Drives and Interstate 5 on & off -ramps in the Coastal Zone, at a duly advertised public hearings held on September 19, 2011, 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. 2011-23 CDP 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 19, 2011, support the following findings: That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the project involves minor freeway and street alterations within existing rights -of -way in an area designated by the Local Coastal Program for such use. That there are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the coastal development permit, since the development will not affect coastal resources or access, since there are no unusual hazards associated with the development, and since the proposal incorporates Best Management Practices and complies with Marshland Preservation Policies. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the project is consistent with the Harbor District Specific Area Plan, complies with applicable Land Use Code requirements, and since the freeway use involved in the project is identified by the General Plan as an appropriate use in the project area. 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 19, 2011, by the following vote: AYES: Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: CHAIRMAN TO IDEx OF FLANS MAR, NA ti-ni1 of Wo-- (BAY MARINA Dr) i Sto 13-04 BM" 'egin Work c 550+00 STATE DEPARTMENT C ALIFORNIA TRANSPORTATION PROJECT PLANS FOR CONSTRUCTION ON STATE HIGHWAY IN SAN DIEGO COUNTY IN NATIONAL CITY AT 24TH STREET UNDERCROSSING AND AT CIVIC CENTER DRIVE UNDERCROSSING TO BE OUPPL;NENIED PT STANDARD PLANS DATED MAY 20CS I. miY of Workk L1! Sto 35+10 CC" Hri q.�ro_-i rHorT Some Be Ro 1-ea0 p_ NATIONAL CITY Lirrlt of 'Work. (CLEVELAND Ave) S-: 1 3+00 "C" _EVELAND Ave 20 ROUTE 5 �� 1ro lion T-�nslr i 5Tn O'ega moll BO j ( ( \lr CIv',C CEVTER Dr UC I. MOTsOT C CEN'EP Dr) Limit of 'Nock 1:11`0 595+00 "NW" LOCATION OF CONSTRUCTION i PM R10.0 Limit of Wo-, (BAY i4AR:NA Dr) Sto 26+39 "FIN" EXHIBIT A CASE FILE NC. 2C'. 1-23 CGP LATE- 9/6/2011 THE lCNTRAC TOR SHAH, POSSESS THE CLASS :OR C_ASSES I CH '.. MIENSE AE SPECIFIED IN THE 'NOTICE TO 8 ODERS." l i 1 1 1 I - -1 - _ _ ..I '---1 -- — l -1 i r = �Il - Limit o' Work (WILSON Ave) / Sto 53-51 "W" Limit or -Work 'CIO-C. Sto 23+78 'CC N0 SCALE O_NTEP, Dr) / Limit of Work Sto 605+34 "EN-134' Lirn t of Work / Sto 601+CC "MN' — LOCATION OF CONSTRUCTION , /PM R10.7 TEN-D. Dr um LH it _1 / COCLIDCE Am End Work ;Stc 612+0C "NL" ) .r„ aT,nEv E>En 1i...c NEE/4 L ATT CONTRACT NO. PROJECT IC 11 2976U4 1100020490 8080E DAT IDAn1; WEB SIT: IE: M'TPiT�1vIw, �J', Cn,S300 v i>T1 �.etucuE� �� A VSEnueu[ UN'.' 2781 I'RCJEC- NTIM6ER R. PHASE 110002009C1 DEPaTUENT TP41sPDR NQ TES: "o, IE RI H CNN WAN DATN, CON PC R G-T JF WAY _NCINE +IN1 A* 11F C FICF. 2. SCE CO1Ci RU i_CH JLT?IL, C4,4 ]1 I MSTERSE'_TIONS. 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BA" MARINA D- 1 F-10 ?EC APPROVED F VT!NC ',YORK ONL 01 PLAni AP=R0vd, CALF CC C1 11a MILE CF CARS WAY SCALE: 1"=50' "BM" LIN: a PLAT a PLAN PP-1 H.WPG,N L $1 F[v u<IF..FF rvl } E �! l F110JCCi 5E l tee EIIEE fS i`iQT[. t _p R10 0 R10., _. _ FO, AFATE RIGHT 0= WAY DATA, CI; N iA[F ICI I;FI ov 8Ay E,fs01NEEFING r- THE,.oi53Pi3 Of' ICE . / „ x � /J L E C C / _ y,/ p a i % / L _ Y V / / / / -i I 920:,nk E^V /: / _.. / / / / f \ // `1 `0\ u c \ CIVIC C_N TES Cr / /// (. LINE _ V W N F n S ¢ V K W d V d o = ct b 35 9 5 ti \ l z v ... — w L / /56, / •e f % P i � i. \ ?./F- J. i z / 9 2/ i � _ . O .. 3 T� u - 4 w 0 1` 11 APPROVED FOR PLANTiNC WCFX ONLY PLANTING PLAN SCALE: 1 =50' PP-2 i CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT M E E'T` -4 ()AT October 4, 2011 AGENDA ITEM NO. 12 TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed Fresh & Easy grocery store at 1325 East Plaza Blvd. (Applicant Fresh & Easy) (Case File 2011-21 CUP) 'RL=r ARED BY: Martin Ree2ter PHONE: 336-4313 EXPLANATION: DEPARTMENT: Develop ragt Sres/Planning. APPROVED BY: The applicant is proposing to offer beer and wine for sale for off -site consumption at the proposed grocery store. The store would be open from 6 a.m. to 11 p.m. daily Alcohol products would be stored on two shelving units, 32 and 36 linear feet respectively, in the center of the store. The store uses a self -checkout system that locks when alcohol products are purchased, requiring clerk action to continue. Planning Commission conducted a public hearing on September 19, 2011. No concerns were noted from area residents. Commissioners asked questions regarding conditions of approval and Police Department concerns. The applicant requested amended language to conditions no. 8 and 10, related to domestic violence training and mandatory I.D. checks. The applicant wished to have the ability to conduct all portions of employee training (the condition stated that the Institute for Public Strategies would provide domestic violence training) and to have the flexibility of approving alcohol sales without being required to check all I.D.s (in cases of customers over 40 years old, consistent with company policy). The Commission voted to approve the CUP based on required findings and subject ' :onditions of approval, with changes to conditions to reflect employee training (no. 8) and I.D. checks (no. 10). c=INANCIAL STATEMENT: Af;C()U, APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15332 (In -fill development projects) )RDINANCE: INTRODUCTION: FP RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. FINAL ADOPTION: Finance MIS BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Absent:, DeLaPaz I_MENTS: Location Map Planning Commission Staff Report 3. Resolution No. 22-2011 4. Reduced Plans MXC-2 --r 995 - 1033 Subject Parcel — — — Zone E3oundary 903 a) 1330 913 924 I RM-3 „5 915 921 �v j 1446 945 1003 1025 MXD-2 RS-2 I L I (Feet 0 75 150 300 APN: 557-250-40 Planning Commission Location Map 2011-21 CUP A , ) 11 Title: Item no. 4 September 19. 2011 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 A PROPOSED GROCERY STORE AT 1325 E PLAZA BLVD. Case File No.: 2011-21 CUP Location: Northwest corner of Plaza Blvd. and N Avenue Assessor's Parcel No.: 557-250-40 Staff report by: Martin Reeder Applicant: Fresh & Easy Property owner: Batchelor G Trust 01-25-07 Combined General Plan/ MXD-2 (Major Mixed -Use District) Zoning designation: Adjacent land use/zoning: North: Apartments / RM-3 (Very High Den. Multi -Unit Res.) East: Plaza Square shopping center across N Ave / MXD-2 South: South Bay Plaza across Plaza Blvd. / MXD-2 West: Discount Tire / MXD-2 Environmental review: Categorically Exempt pursuant to Class 1, Section 15332 (In -fill development projects) BACKGROUND Site Characteristics The project site is a 39,716 square -foot area comprised of two parcels and currently developed with a 6,650 square -foot Sizzler restaurant and parking lot. The restaurant has a Type 41 license (on -sale beer and wine). The existing restaurant is proposed to be demolished and replaced with a 10,534 square -foot Fresh & Easy grocery store. Proposed Use The applicant is requesting to sell beer and wine for off -site consumption (Type 20 license). The sales hours of the beer and wine would be the same as the proposed store hours (6 a.m. to 11 p.m.). Alcohol sales are expected to be approximately 5% of total store sales. Per the attached floor plan (Exhibit B), beer and wine will be stored in one room - temperature shelving area (32 linear feet) and one refrigerated shelving area (36 linear feet). Both the shelf and refrigerator areas are in the same aisle near the center of the store. The end of the refrigerated section is approximately 35 feet from the front doors. Fresh & Easy uses only self -checkout in their stores. With regard to alcohol sales, when an alcohol product is scanned the system will lock up until a staff person responds. The transaction continues once store staff has checked the purchaser's I.D. and entered the date of birth at the point of sale machine. Analysis Alcohol /Community Meeting Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.30.050 (C), a community meeting was held Thursday, July 21, 2011 at 6:00 p.m. at the National City Chamber of Commerce_ The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting advertisement are attached_ According to the sign -in sheet, two people were in attendance at the meeting — the applicant and another representative. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently eight (8) off - sale permits issued in this census tract (117). These permits are: • Big Lots — 1410 E. Plaza Blvd. • Farmers Discount Market — 1535 E. 18th St • Seafood City — 1412 E. Plaza Blvd. • Big Ben Market — 108 E. 8"' St. • Wal Mart — 1200 Avenue. • Wilson Liquor— 916 E. 8th St. 2 • Smart & Final — 1220 E. Plaza Blvd. • CVS — 1201 E. Plaza Blvd. Census tract 117 includes the area of the City between East 8th and 18'h Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of four off -sale alcohol permits be issued in this census tract, where eight exist. Chapter 18.030.050 (D) applies with regard to distance requirements from other uses. Businesses whose alcohol sales are accessory to the principal use — such as grocery stores — are exempt from these distance requirements_ The nearest school in Central Elementary, which is located approximately a half -mile away. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 21) had a 2009 crime rate of 109.7%, below the 120% considered to be a high crime area. 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 100 alcohol licenses issued in National City, or roughly 11.7 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 number of ABC permits issued to establishments within a half -mile of the project location as a factor for objection. There are six such businesses. This number includes both on and off -sale licenses. Institute for Public Strategies comments Comments were also received from the Institute for Public Strategies (IPS). Alcohol outlet concentrations in the area were discussed as well as comments fonrr interviews with other store operators. Recommendations were provided addressing the following: • Alcohol sales training (Condition no. 8) • No sales of 3-packs • No "tub displays" (Condition no. 9) • High -visibility sales area away from entrances/exits • Physical I.D. checks (Condition no. 10) • Contact with area store managers Three of these items have been included as conditions, as noted above. No change has been made regarding 3-packs. City Council recently adopted a policy that establishes standards for alcohol CUPs. As part of this policy, specific Conditions of Approval are required of all new CUPs. These conditions are included with this staff report as numbers 11 through 22_ The policy is written such that only the City Council may waive or modify these conditions_ Condition no. 12 allows no less than three -pack 3 quantities of beer, something IPS is requesting to have removed or modified to allow no less than six packs of beer. Although only Council can waive or modify this condition, Planning Commission can, if they see fit, make a recommendation that Council modify the condition. With regard to the location of alcohol products, Exhibit B refers to the proposed location and is included as Condition of Approval. The nearest product location is outside of the 30-foot requested distance. The last comment regarding contact with other area store managers is more of an encouragement. Other stores in the area have experiences that can be valuable to Fresh & Easy with regard to security, product placement, etc. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales (no single cans of beer, no alcohol consumption on the premises, sales hours and employee training, etc). There is also a condition that requires physical I.D. checks, given that all transactions are customer - initiated (self check-out) as mentioned above. Summary The sale of alcohol for off -site consumption at a proposed Fresh & Easy will contribute to the viability of a grocery store, a permitted use within the Major Mixed -Use District zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, there is an existing license at this location, that would be replaced should this CUP be approved and the appropriate ABC license issued. However, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. 4 RECOMMENDATION Approve 2011-21 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Site photos 6_ Community Meeting Information (Notice and sign -in sheet) 7_ Police Department and Institute for Public Strategies comments 8_ Public Hearing Notice (Sent to 525 property owners and occupants) 9. Notice of Exemption 10 Applicant's Plans (Exhibit A, case file no. 2011-21 CUP, dated 7/21/2011 and Exhibit B, case file no. 2011-21 CUP, dated 8/17/2011) MARTIN REEDER, AICP MARYAM BABAKI Assistant Planner Development Services Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2011-21 CUP, 1325 East Plaza Blvd. That the site for the proposed use is adequate in size and shape, since the proposed use will be an accessory use to an existing grocery store use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element of the General Plan, 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 nearby 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. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable zone, and since there will be no net increase in alcohol licenses_ 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. RECOMMENDED FINDINGS FOR DENIAL 2011-21 CUP, 1325 East Plaza Blvd. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the census tract in which the project is located is currently over -saturated with regard to alcohol licenses That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 6 RECOMMENDED CONDITIONS OF APPROVAL 2011-21 CUP, 1325 East Plaza Blvd. General 1. This Conditional Use Permit authorizes the off -sale of beer and wine from a grocery store located at 1325 East Plaza Blvd. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2011-21 CUP, dated 7/21/2011 and Exhibit B, case file no. 2011-21 CUP, dated 8/17/2011. 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. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m_ and 11:00 p.m. seven days a week_ 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 9. Seasonal "tub displays" or any other "over -ice" displays of beer or wine products are prohibited. 10. No alcohol sales shall be permitted without a valid California I.D being physically presented to a store representative, showing proof of age. Customer -operated points -of -sale must alert store representatives when an alcohol product is being scanned for purchase, requiring that a store operative "unlock" the point -of -sale in order to continue and complete the transaction. 11 The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 12. No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 13. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 14. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 15. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 16. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 17. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge_ 18. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, case file no. 2011-21 CUP, dated 8/17/2011. 19. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows - "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 20. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 21. 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. 8 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand_ Police 23. 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 F-rr 0 r r 39 02_ *Et-T-135.02 [,, 33.02 -50N:00 , \\,.„ 36.01 \\\\ . r I 36O3k ) 38 00' 106.02 City of National City CENSUS TRACTS 0.5 Miles C.S2ILV12.4tgair September '20C3 .13 ,-31 09 32.1\2\ - \\ 134 12 \ ===' • m _ tan -AY Nh(;\onal C$y. \, 6, y• '� m y A f Las Palmas ' [I Copyo4110 and (P) 1.9002006 I ros oft Gorpolatlo(i.andlnr ds supplinr5• All rig htsGeseref Portions Tt11990200Ir Ia110eld Software Corporation.Jl liolits;esearerl Cewain Ynapprry and 0lre[5on data 62005CUAVTEO. al dyhts reserved NAVTE9"andNAVTP 00N 60Phrl.ate trademair`'orr1AVTCC92005 Tele Atlas NOnh Amen( a. Inc Al rights+esenreo FeIev[Ssand Tele P.7lasNorthlAnAca are trad ern arks of Tele Atlas lnt. �'a .. -.. Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 12 2011-21 CUP - Fresh & Easy alcohol - Site Photos View of site from Plaza Blvd_ Existing building Parking lot 13 Neiyhbcrhood Market ('ommunity Meeting Notice Date: July 21, 2011 Time: 6:00 pm 8:00 pm Meeting National City Chamber of Commerce Location: 901 National City Blvd National City, CA 91950 619-477-9339 Purpose: To introduce the community to Fresh & Easy and to discuss the proposal for the sale of beer and wine for the proposed Fresh & Easy Neighborhood Market located at 1325 E Plaza Blvd, National City, CA. 14 Fresh & Easy National City Neighborhood Meeting July 21, 2010 SIGN IN SHEET PRINT NAME _OZELA6., 111 SIGNATURE 15 National City Police Department Memorandum TO: Chief Adolfo Gonzales FROM: Sergeant Graham Young DATE: August 10, 2011 SUBJECT: Conditional Use Permit (CUP-2011-021) for the sale of beer and wine Type 20 License replacing a Type 41License at a new grocery store — Fresh and Easy This Conditional Use Permit application is for the sale of beer and wine Type 20 License at a new grocery store — Fresh and Easy, replacing a Type 41 License at the Sizzler Restaurant at 1325 East Plaza Boulevard, National City. The application indicated that the applicant would like to sell beer and wine from the hours of 6:00 a.m to 11:00 p.m. daily. On August 8, 2011, 1 conducted a site survey of the proposed location the proximity to other ABC licensed establishments within a half mile of the location. I found during this site survey that there are 6 (six) ABC licensed establishments within the half mile radius of the new proposed CUP location. These locations are as follows: • Big Lots- 1300 block East Plaza Boulevard • WalMart — 1200 block of Highland Avenue • Smart and Final - 1100 block of East Plaza Boulevard • CVS Pharmacy 1200 block of East plaza Boulevard • Bistro Bay — 1500 East Plaza Boulevard • Family House — 1700 East Plaza Boulevard Currently the City of National City has a total of 100 "On -sale" and "Off -sale" alcohol selling establishments. This equates to 11.7 alcohol selling establishments per square mile within the City. Even though we are not technically adding a new license and merely replacing one license for another license, maintaining the regulation and enforcement of ABC laws is extremely difficult when the Police Department is faced with personnel cutbacks. 16 The Department of Alcohol Beverage Control, (ABC) has only four enforcement personnel to cover regulation enforcement operations in the geographic area south of the Interstate 8, leaving municipal agencies to conduct enforcement of ABC regulations situated in their own jurisdictions Until the end of the current budget crisis and the Police Department can hire enough officers to facilitate a dedicated unit to police and regulate establishments possessing an ABC license, it is my recommendation that the City place a moratorium on the issuing of CUP's for the sale of alcoholic beverages within the City of National City. Respect hilly Submitted, Sergeant Graham Young National City Yolice Department 17 South Bay community change project A Program of The Institute For Public Strategies Environmental Scan Fresh and Easy 1325 Plaza Blvd. National City, CA 91950 (U.S. Census "Tact117) Pictured Above: 1325 Plaza Blvd, National City, CA 91950 (Front View) Current Occupant_ Sizzler's Future OccupantrCUP ; I pplicant: Fresh and Easy Neighborhood Alarket The Establishment: Fresh and Easy Neighborhood Market is applying for a Type 20 license which authorizes the sale of beer and wine for consumption off the premises where sold. The establishment will be located on the current site of Sizzler's Restaurant (Type 41 — on sale beer and wine, eating place) on the north side of Plaza Boulevard, cross street N Avenue, and .5 miles west of Interstate 805. Hours of operation arc 6 am to 11 pm, 7 days per week. These hours include delivery and operations. The proposed building square footage is 10,534. This includes 7,576 square footage for the sales floor and 2,958 for warehouse space. The current occupant of the property, Sizzler's Restaurant, is 6,650 square feet 1IPage 18 South Bay community change project A Program of The Institute For Public Strategies Pictured Above: 1325 Plaza Blvd, National City CA 91950 (side view with partial parking lot) ABC Off -Sale Licenses in Area: Census Tract Data for 117.00 (ABC, 2009) Censs; Tract u ABC Off- Sale Allowable - ABC.Off Sale 'Actual ,._ ABC Off S ale . Difference 117.00 (Business Address Tract per U.S. Census 2000) 3 5 Over by 2 118.01 (Northern Census Tract— I/8 mile away from address) 3 2 tinder by 1 1 14.00 (Western Census Tract - 1 mile away from address) 3 5 Over by 2 116.00 (Southern Census Tract I mile away from address) 4 6 Over by 2 120.01 (Eastern Census Tract — I/8 mile away from address) 2 3 Over by 1 The allowable number of alcohol off -sale license for census tract 117 is three (3); however, five (5) off -sale licenses have been issued_ The establishment would be the sixth (6) alcohol off -sale license granted for the tract — resulting in three (3) more than currently allowed_ 2age 19 South Bay community change project A Program of The Institute For Public Strategies The Surrounding Area and Schools: The entire length (3.89 miles) of Plaza Boulevard is largely commercially zoned with mixed retail, restaurant and office space. Within 300 feet of the business are single and multi -dwelling residences (north); 60 feet south is Plaza Bay Plaza strip mall; 50 feet east is Plaza Square strip mall; and 25 feet west of the site is Discount Tire Center. There is a constant flow of pedestrian and vehicular traffic, including mass transit. GOC1,llrap; ace E_i^m wave ar 3'25.Plan stixa^.a. CA.rr,? puhk schools rear 1125 E Pen Blvd, National City. CA 91950 Schools: The nearest school is Bay Vista College of Beauty, located at 1520 Plaza Blvd., is 1/10`h of a mile from proposed establishment. The school is a trade school servicing students 17 years and above. Central Elementary School (pre -kindergarten — 6th grade) at 933 E Avenue is half a mile away and is the closest primary school. Sweetwater Union high School (2900 l lighland Avenue) located 1.3 miles southeast of the property, is the nearest secondary school. Closest Residence: Located approximately 300 feet behind the establishment's property, on East 91h Street is one apartment complex. 3 I P <, e 20 South Bay community change project A Program of The Institute For Public Strategies Closest Neighboring Business (pictured above): Twenty-five (25) feet west of 1325 Plaza Blvd. is Discount Tire Store Closest Business Selling Alcohol: CVS/Pharmacy (pictured above), located 100 feet west from proposed establishment has a 'type 21 license -- Oft Sale General (beer, wine and spirits) Businesses to the South: Sixty (60) feet south of property <1IPag 21 South Bay community change project at A Program of The Institute For Public Strategies Community Quotes: • From Assistant Manager at CVS%Pharmacy (24 hour store): o "Don't sell the little airplane bottles of liquor or those big single cans (24 oz) of malt liquor or beer. That's what `they' try to steal first. r3'e don't sell them because it 's a big problem." o "I hired security guards because 1 had to. They start at 8 pm and stay until morning —5 days a iwweek— during the times people try, to steal alcohol. I wish 1 could afford to hire them for 7 days. We could really use them." o "You learn, real fast, who the people are ....who come to steal the alcohol. And THEY learn which managers and security guards are the toughest to steal from. o "Grab and Go's — they happen all the time — that's why we have the added security: guards, well placed cameras and merchandise placed to make it more difficult. " Recommendations: • Mandatory Responsible Beverage Sales and Service (RBSS) training for store managers and employees. • No single serve or 3-pack alcohol containers be sold. • No cold beer products or wine product tub displays. • All alcohol is placed in an area of the store with high visibility, located at least 30 feet from the front door. • Given Fresh and Easy's practice of consumer self check-out, staff should physically check customer identification for all alcohol purchases. • Speak to the managers and assistant managers of neighboring businesses that sell alcohol: (VS/Pharmacy. Ask for community observations, experience and recommendations (like those mentioned in Community Quotes, previous section). 5 ag,e 22 I'N co n).(iit CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMEN 1 1243 NATIONAL CITY BLVD , NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED GROCERY STORE AT 1325 E. PLAZA BLVD. CASE FILE NO.: 2011--21 CUP APN: 557-250-40 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 19, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Fresh & Easy) The applicant is proposing to offer beer and wine for sale for off -site consumption as part of a proposed grocery store (Fresh & Easy) from 6:00 a.m. to 11:00 p.m_ seven days a week. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., September 19, 2011, who can be contacted at 619-336-4310 or planninqAnationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing_ NATIONAL CITY PLANNING DIVISION MA ' A t BABA Development Services Director 23 ) IGA RP 6Y[AT ED NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2011-08 CUP Project Location: 1325 East Plaza Blvd., National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for the sale of alcohol for off -site consumption in conjunction with a proposed Fresh & Easy grocery store. Applicant: Fresh & Easy C/o: Scott Whitney 2120 Park Place, suite 200 El Segundo, CA 90245 Exempt Status: Telephone Number: (310) 341-1485 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1 Section 15332 (In -fill development project) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the sale of alcohol for off -site consumption from a grocery store, an approved use in the respective mixed -use zone, and since no expansion is proposed_ Date: MARTIN REEDER Assistant Planner 24 RESOLUTION NO. 22-2011 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 A PROPOSED GROCERY STORE AT 1325 E. PLAZA BLVD. CASE FILE NO. 2011-21 CUP APN: 557-250-40 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine at a proposed grocery store at 1325 East Plaza Blvd. at duly advertised public hearing held on September 19, 2011, 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. 2011-21 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 19, 2011, support the following findings: That the site for the proposed use is adequate in size and shape, since the proposed use will be an accessory use to an existing grocery store use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element of the General Plan, 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 nearby 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 grocery store, an established and allowed use in the applicable zone, and since there will be no net increase in alcohol licenses. 5. 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 off -sale of beer and wine from a grocery store located at 1325 East Plaza Blvd. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2011-21 CUP, dated 7/21/2011 and Exhibit B, case file no. 2011-21 CUP, dated 8/17/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711A 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. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 11:00 p.m. seven days a week. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training. 9. Seasonal "tub displays" or any other "over -ice" displays of beer or wine products are prohibited. 10. Customer -operated points -of -sale must alert store representatives when an alcohol product is being scanned for purchase, requiring that a store operative "unlock" the point -of -sale in order to continue and complete the transaction, upon satisfactorily determining that the purchaser or customer is 21 years of age or older. 11. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 12. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 13. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 14. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 15. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 16. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 17. Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 18_The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, case file no. 2011-21 CUP, dated 8/17/2011. 19. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 20. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 21. 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. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Police 23. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 19, 2011, by the following vote: AYES: Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: CHA MAN EXISTING COMMERCIAL --r Ck41, , CORI, • ;2 , E>1611,C /P.A91 Pt Pi Ven,p / / , V , . I; II I ;r-1'1-- ',."---'---.4--. i3 ii (---;_,,i t , r, / i --- ---*--+,i, , _ 1 .. EXISTING RESIDENTIAL 1 Li.,,, 1,,__,_.„- 76.- -, _4"" 1,I.-!.-,--,,, ' °_,_,. i •,b i TW.M.I. 7,78,PCUPli leZ \ e7097.4. '0 -t—',1 / \ / ;-/ \ , esse eese Lle 2U Z 0 I / I FREVlEVY ,'. \ 0 1 701RETOU.— SE ' i \---s i L----: Sp liki SA, 9L,EaSe.,,,N7-- ------`, \ I \ \ r/1/4/ '124, • //I I t / \ 1 ° ST/ COMSTPUO/101.1 PLAziti pe , _ vp - _ PS1.01 1,,,,,ArA2L,; SITE PLAN \ 7,1 • L EXISTING COMMERCIAL 0 20 40 ao north F7 SITE PLAN SUMMARY STORE L0E011012 MASA BLVD. 4 N AVE prolowee ISE, access sre.ese Sul/des) Pro44501 pwrerenee . 4.4110 and Area IISIIIII• RSV. 1 ' °/4/e ''gl . F!c ea. Area ,se rag, c.v.., A.• ,.....a0 $ : ,-., -. S0E.0110 VALOR. I 2,0112 COVERARE ,Ve 1,111,10 Sta.., Peed, SInis AL. ,,,, , as setslIss Pael,14,4 S'alls 4 4T-E S 2712 PIEsIeS SI. TOTAs PARKINS REUSES, _ 2 4E . 0 , 40TAL 4001ARE0 PROVIDER ic ea V CITY REOu PERE, Iresee, 0000 REVISIONS HISTORY 0.T T 0.02 .4, Fresh 4 Ess, Comresels 11,1,7010 , 1,,10 12'6,110 .... rI PAM APPROVAL SIGNATURES ERSTARES 10 EXHIBIT A CASE FILE NO. 2011-21 CUP DATE: 7/21/2011 KEY SITE PLAN ARCHITECTS fresho &easy Nui41hbo11100d Mark, 1325E PLAZAS,D. NATIONAL CITY, CA PLAZA BLVD. & N AVE, 0 0 42 42 42 0 42 0 IReTSTest g54. 04,440 seeks asseses ..... E4 2 PS1 a.< 7 `",tictl" F1.1-01 FIXTURE PLAN ,ALE 1/5 • I -0 PZ./.010A R ,re 711 7 I I 7_,3 PAul 5••bed 04I.Y C p'7 FIXTURE PLAN SUMMARY 044 DAAALAA Jamarentt .......... 41.<1..3..Ilisam '3,•, TOT,. 2,1411. aa,C.,Lat.A.A.L....orlouarNo 1 . DACIanoon9 Alte• 400 . Orlail,40141.0-014,4 1.0004 NA, pp • W.I. 11.,re tartra...saoa _ .... t... : ... 1 r - gig , 1 0 ,., ,,.., A ,.. - ::c±.i ....,114! 4 II S II ,, '--,,,z" OIMINPIIIMIIMOIMMIPAIMIINIIIMMVAIMM411 _•_ ---7---, ,, 2. ''..: .-\li: I r• • 1 r.: A8C:EPIALLE , J • n 9- north 11411,11.3 TErrAl. &Fp %AIM ro.u. nxruum• REVISIONS HISTORY PAM APPROVAL SIGNATURES Jr•e4re ev BAcla ocLuccs THE sro.ukoE t , n II ROO( WIC., ANJ 0.{11,E14. ' . , .. 1 WM I : , 1 . F1.1-02 AIR HANDLER ON TOP OF DAIRY COOLER SCALE: VS" • 1.-0" ARCHITECTS fresh &easy NefcpbOrlOod Markel 1325 E. PLAZA BLVD, PLAZA BLVD. I N AVE z A2.1.01 FRONT (NORTH) ELEVATION SCALE. 1/8" = 1'.0' A2.1-02 SCAFTLE SIDE o (EAST) ELEVATION i r 1 COLORS AND MATERIALS STUCCC AT WALL AND TRIM LIGM- DASH = 1NISH COLOR - 9M -C.50 THII AEELPHIA CREAM' PANTED M_IAL FLASHING COLOR . BM A_.30'PHIL.AOELRHIA CREAM' STJZCO AT WALL . LION' CASH =1NISH COLOR . BM 116 .CALIFORNIA HILLS STUCCO AT CORNICE - SMOOTH =1M1I51-1 COLOR - BM 211'CALIIORNIA FILL S` MINTED METAL CJNOPV - .330R • 8M 434'HE RR GARDEN' A,UMINJM STOREFRONT ACCENT LIGHT FIXTURES - CLEAR SNOUILED FINISH APPlati AL P•i ARCHITECTS fresh v &easy Neighborhood Market ins E. PLAZA BLVD. NATIONAL CITY. CA N AVE. A2.1 A2.2-01 RIGHT SIDE (WEST) ELEVATION A2.2-02 REAR SIDE (SOUTH) ELEVATION SCALE 11Fr = 1'-0" COLORS AND MATERIALS DLCrn nT vIALL <Nn TRLA - UC✓. DASH .I WSrf CDLCv -;m tis.3o mwumE,IIA CREAM' COLORS MEJAL =Lno w8G - IS-30'PHILADELPHIA CREAM" STUCCO AT WALL • L GHt DASH FINISH BM 3'fi'CALIFORNIA 1:1L5" STIICCC At CCRNICE -SMOOTH F NISH COLOR - BM 216"CAL:FORMA H LLB VAINTEC ME IAL CAN(], - CCLCR • BM AN "HERB GAR OE n' ALJNINUM S I ORLF R(INT ACCENT L GAT FIXTURES -CLEAR ANODIZED FINISH P;7 Neightwncood Market 1325E PLAZA BLVD. NATIONAL CITY, CA N ARE. A2.2 PAM - EXTERIOR ELEVATIONS CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011' AGENDA ITEM NO. 13 EM TITLE: Initiate an amendment of Title 18 of the Municipal Code to revise and clarify various land use and development standards of the Land Use Code. PREPARED BY: Raymond Pe, Principal DEPARTMENT: Dev PHONE: 336-4421 APPROVED BY: ices EXPLANATION: On June 7, the City Council approved the General Plan Update, and, on June 21, approved the ordinance adopting the amended Land Use Code as part of the Comprehensive Land Use Update. Subsequent to the adoption of the Land Use Code (Title 18 of the Municipal Code), staff has become aware of the need to make several minor technical revisions to the Code to reflect City policy and further the implementation of the Code. Potential amendments include used auto dealerships within the Commercial Automotive (CA) zone; minimum FAR requirements in the mixed use zones; expansion of existing uses under the new development standards, sign development standards, parking standards, accessory structure standards, kiosks and vending machines, permitted uses and definitions, general development indards, phasing of development, and various typographical errors. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Initiate the amendment. BOARD / COMMISSION RECOMMENDATION: Not applicable. _ __ fACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;September 29,.20111 AGENDA ITEM NO1f ITEM TITLE: Report on the sale and possession of a synthetic marijuana compound commonly known as `Spice or K2'. PREPARED BY: Manuel Rodriguez, Assistant Chief PHONE: 4512•: EXPLANATION: It is recommended the City of National City adopt an ordinance prohibiting the sale and possession of synthetic marijuana commonly referred to as 'Spice' or `K2'. A review of the literature on the effects of `Spice' confirm it can be hazardous to individuals who use it; some individuals have experience heart rhythm problems, severe agitation, hallucinations and vomiting when using 'Spice' or `K2'. DEPARTMENT: APPROVED BY. Police? While state laws are pending to address the issue of "Spice" they may not address the issue of possession. According to the Issuing Juvenile Deputy District Attorney, police officers cannot arrest and charge juveniles per 308(b). Penal Code (Juvenile in Possession of Smoking Paraphernalia) since the product is not manufactured for smoking. At the present time, the DEA is using its emergency scheduling authority to temporarily control some of the synthetic ingredients used to manufacture 'Spice' ype products; but they currently do not exist. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: INIA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommends Approval BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Jone'. NATIONAL CITY POLICE DEPARTMENT MEMORAND UM DATE: September 29, 2011 TO: Chris Zapata, City Manager FROM: Adolfo Gonzales, Chief of Police SUBJECT: Spice Ordinance Recommendation Recommendation It is recommended the City of National City adopt an ordinance prohibiting the sale and possession of synthetic marijuana commonly referred to as `Spice' or `K2'. A review of the literature on the effects of `Spice' show it can be hazardous to individuals who use it. While peoplehave experienced a "high" that is comparable to other drugs, some individuals have experience heart rhythm problems, severe agitation, hallucinations and vomiting when using `Spice' or 'K2'. Background Approximately five months ago School Resource Officers (SRO's) noticed many of the juveniles arrested possessed a substance known as "Spice or K2." Spice appears similar to Marijuana and when smoked it has a similar narcotic effect. Each of these juveniles stated they purchased the "Spice" at various smoke shops and liquor stores in our City. A review of current federal laws associated with "Spice," and a drug fact sheet shows there are five synthetic cannabinoids in "Spice" which are listed on the Federal Schedule I of controlled/prohibited substances; it is these five cannabinoids that make "Spice" an illegal substance. This information was provided to every school in National City with an advisement of the increasing problem of usage by juveniles in National City. Several smoke shops and liquor stores in National City were contacted to ensure that they were in compliance with federal law reference the selling of "Spice." All of the businesses visited were within the law because they were selling a version of "Spice" where the five illegal synthetic cannabinoids had been substituted with cannabinoids which were not listed on Schedule I. This legal version was packaged and marked, "Not For Human Consumption." Unfortunately, although the ingredients in "Spice" have changed, juveniles in National City are still smoking it and still experiencing its narcotic effects. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 With one exception all the businesses contacted that sold "Spice" and shared the community's concerns agreed to take the substance off their shelves and stop selling it. A review of the literature on the effects of `Spice' confirms it can be hazardous to individuals who use it. While people have experienced a "high" that is comparable to other drugs, some individuals have experience heart rhythm problems, severe agitation, hallucinations and vomiting when using `Spice' or 'K2'. While state laws are pending to address the issue of "Spice" they may not address the issue of possession. According to the Issuing Juvenile Deputy District Attorney police officers cannot arrest and charge juveniles per 308(b) Penal Code (Juvenile in Possession of Smoking Paraphernalia) since the product is not manufactured for smoking; it is sold as incense. A review with a representative from the Institute of Public Strategies (IPS) provided information on how to tackle the challenge of proposing a city ordinance against the possession of Spice. The representative forwarded a copy of a city ordinance from Rialto, California which makes possession of Spice illegal. At the present time, the DEA is using its emergency scheduling authority to temporarily control some of the synthetic ingredients used to manufacture `Spice' type products. Criminal sanctions and regulatory controls of Schedule I substances under the Controlled Substance Act (CSA) will apply to the unlawful manufacture, distribution, possession, importation and exportation of certain synthetic substances on the federal level; they currently do not exist. Please call me at 619-336.4511 with any questions. ADOLFO GONZALES 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 CITY OF NATIONAL CITY, CALIFORNIA to, o o E M COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. '01 ai ITEM TITLE: A Resolution of the City Council of the City of National City approving the application for Grant Funds from the California River Parkways Grant Program under the Safe Drinking Water, Water Quality and Supply, FloodControl, River and Coastal Protection Bond Act of 2006 (Proposition 84) in the amount of $800,000 for the restoration of Paradise Creek through Kimball Park. PREPARED BY: Maryam Babaki PHONE: 4380 DEPARTMENT: Development Servi Engineering APPROVED BY• EXPLANATION: This resolution will allow staff to apply for grant funds in the amount of $800,000 for the restoration of Paradise Creek to its natural state by removing existing concrete and installing wetland habitat in the portion of the Creek that goes through Kimball Park. The project will also include the installation of a walking path along Paradise Creck. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: nance IS Funded by 2011 Tax Allocation Bond —Capital Improvement Projects, Kimball Park Design Phase 1, Account No. 524-409- 500-598-4132 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Approved Request to Apply for Grant Form 2. Resolution REQUEST TO APPLY FOR FEDERAL, STATE, AND LOCAL GOVERNMENT GRANTS OR PRIVATE FUNDS Date: September 29, 2011 City Department: Engineering Dept. Ilead Signatures — Will you need the City's grant writing contractor to assist in applying for the grant? ® NO ❑ YES If yes, 1) Estimated # of hours contractor would be needed 2) Proposed funding source: A. What agency/foundation provides the funding you seek: CA Natural Resources Agency B. What title would you give this proposed program/project: Paradise Creek Restoration C. Has this grant been applied for in the past? If so, when: No D. Brief description of the program you propose: Restore Paradise Creek section that goes through Kimball Park to its natural state by removing existing concrete and installing wetland habitat. Install walking path along the creek. E. Describe the benefits of the proposed program or activity: Recreational beautification, environmental enhancement, etc. F. Does application require a Resolution approved by Council? Yes G. Who will administer the program? Development Services/Engineering Division H. Does the grant allow for administrative expenses? If so, how much? Small maintenance costs. Grant will not cover these expenses. I. Does this grant require matching funds or in -kind contributions from the City? If so, indicate how much on the following table. Revised 8/9/11 J. Complete the following table: Year 1 Year 2 Year 3 Year 4 TOTAL 1. Grant or foundation resources $ $ $ $ $ 2. General Fund contribution S 0 $ $ $ $ 3. Other City Fund contributions S $ $ $ $ 4. In -kind contributions $ 50,000* $ S $ $ TOTAL $ $ $ $ $ * Matching design services, fee included in the scope of work in agreement with Kimley-Horn. K. Discuss whether any of the City fund contributions (rows 2 and 3) in the above table represent new expenditures or in -kind contributions representing existing expenditures. L. To the extent that new or existing General or other City funds are required, when would they need to be in place? N/A M.What FTE will be required: No N. Are these new positions? N/A O. What classification titles do you propose? N/A P. Deadline for filing application: Oct. 14, 2011 Q. Program period: Thru 2015 R. When would grant/foundation award be made? Summer 2012 'Request to apply approved El Request to apply approved — Department to notify Executive Management and Council ❑ Request to apply referred to Coune— Department to present at City Council Meeting for approval ❑ Request to apply denied City Manager Signature /. A Date: Revised 8/9/11 RESOLUTION NO. 2011 — 226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOODCONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) IN THE AMOUNT OF $800,000 FOR THE RESTORATION OF THE PARADISE CREEK THROUGH KIMBALL PARK PROJECT WHEREAS, the State of California provides grant funds under the California River Parkways Grant Program pursuant to The Safe Drinking Water, Water Quality and Supply, Floodcontrol, River and Coast Protection Bond Act of 2006 (Proposition 84); and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, and has established necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of the grant application by the City Council before submission of said application to the State; and WHEREAS, the City of National City (the "City"), if selected, will enter into an agreement with the State of California to carryout the project, and shall use the grant funds for the Restoration of Paradise Creek through Kimball Park Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Approves the filing of an application for the Restoration of Paradise Creek through Kimball Park Project (the "Project"). 2. Certifies that the City understands the assurances and certification in the application. 3. Certifies that the City or title holder will have sufficient funds to operate and maintain the Project consistent with the land tenure requirements, or will secure the resources to do so. 4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code. 5. If applicable, certifies that the Project will comply with any laws and regulations including, but no limited to, the California Environmental Quality Act ("CEQA"), legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained. 6. Certifies that the City will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety, as included in Government Code Section 65041.1. Resolution No. 2011-226 Page Two 7 Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. PASSED and ADOPTED this 4th day of October, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT October 4th, 2011 AGENDA ITEM NO. 15 ITEM TITLE: ;Authorize the reimbursement of Community Development Commission expenditures in the amount of $82,976.02 to the City of National City for the period of 8/31/11 through 09/06/11 PREPARED BY: K. Apalategui PHONE: 619-336-433f DEPARTMENT: 1 Fina ce APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $82,976.02' ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: ;Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: warrants for the period of 8/31/11 through 09/06/11! PAYEE E2 MANAGE TECH INC EDCO DISPOSAL CORPORATION SAN DIEGO BUSINESS JOURNAL SAN DIEGO COUNTY RECORDER SAN DIEGO GAS & ELECTRIC SDG&E VERIZON WIRELESS CITY OF NATIONAL CITY WADE & ASSOCIATES PAYROLL Pay period 18 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #10 9/6/2011 Start Date 8/9/2011 DESCRIPTION CONSULT SVCS/ APRIL 2011 / REDEV WASTE DISPOSAL SERVICES / CDC SD BUSINESS JOURNAL SUBSCRIPTION RECOR FEES/RECONVEYANCE LOANS ENGINEERING SVCS/ AQUATIC CENTER GAS AND ELECTRIC UTILITIES / CDC VERIZON CELL PHONE SVCS / SEC 8 PETTY CASH REPLENISHMENT/JUL 2011 ART CENTER End Date 8/22/2011 Check Date 8/31/2011 CHK NO 243416 243417 243418 243419 243420 243421 243422 243431 243486 DATE 9/6/11 9/6/11 9/6/11 9/6/11 9/6/11 9/6/11 9/6/11 9/6/11 9/6/11 AMOUNT 6,600.00 104.75 69.00 68.00 1,504.00 45.64 273.61 60.00 4,083.50 A/P Total $ 12,808.50 70,167.52 Total disbursements paid with City's Funds $ 82,976.02 GRAND TOTAL $ 82,976.02 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT October 4th, 2011 AGENDA ITEM NO.* ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $65,530.90 to the City of National City for the period of 9/07/11 through 09/13/11 PREPARED BY: K. Apalategui PHONE: [619-336-4331 EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. DEPARTMENT: Fin APPROVED BY: 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 $65,530.90 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A fACHMENTS: Ivvarrants for the period of 9/07/11 through 09/13/11I PAYEE HACSC COMMUNITY HOUSING WORKS COUNTY OF SAN DIEGO NBS NORRDIN POWER PLUS SOUTH COUNTY ECONOMIC STAPLES ADVANTAGE SAFDIE RABINES ARCHITECTS INCORPORATE) COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #11 9/13/2011 DESCRIPTION OFFICER'S GROUP FALL CONFERENCE ANNUAL SERVICE CHARGE DOC REVIEW / CORRESPONDENCE LANDSCAPE MAINTENANCE / REDEV SECTION 8 SEMINAR - FINANCE EQUIPMENT RENTAL (POWER POLES) MEMBERSHIP ASSESSMENT MOP 45704 OFFICE SUPPLIES - CDC EXPERT SVCS / AQUATIC CENTER CHK NO DATE 243489 9/12/11 243490 9/13/11 243491 9/13/11 243492 9/13/11 243493 9/13/11 243494 9/13/11 243496 9/13/11 243497 9/13/11 243558 9/13/11 AMOUNT 380.00 13,000.00 1,499.00 806.00 229.40 195.00 7,500.00 84.19 41, 837.31 A/P Total $ 65,530.90 Total disbursements paid with City's Funds $ 65,530.90 GRAND TOTAL $ 65,530.90 ITEM #17 10/4/11 UPDATE OF RELOCATION OF PUBLIC WORKS YARD (COMMUNITY SERVICES) ITEM #18 10/4/11 CLOSED SESSION REPORT (CITY ATTORNEY)