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HomeMy WebLinkAbout2000 08-15 CC AGENDA PKT0 AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, AUGUST 15, 2000 - 3:00 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 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 ANY MATTER THAT YOU DESIRE THE CITY COUNCIL 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 THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF AUGUST 1, 2000 AND AUGUST 8, 2000. COUNCIL AGENDA 8/15/00 Page 2 PRESENTATIONS Employee Introduction Program INTEVIEWS/APPOINTMENTS Senior Citizens Advisory Board - Appointments PUBLIC HEARINGS 1. Public Hearing - To consider a substantial amendment to the FY 2000-01 Consolidated Plan Annual Plan for submission of a Section 108 Loan Guarantee Program Request to the Department of Housing and Urban Development (HUD) for the construction of a new main fire station with Community Development Block Grants funds. (Community Development Commission) **Refer to Item #11** 2. Public Hearing - To consider Draft Section 108 Loan Guarantee Program Request to the Department of Housing and Urban Development for the construction of a new main fire station with Community Development Block Grant Funds. (Community Development Commission) **Refer to Item #12** 3. Public Hearing - Reallocation of Community Development Block Grant (CDBG) Funds. (Community Development Commission) **Refer to Item #9** 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. COUNCIL AGENDA 8/15/00 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2000-100 Resolution of the City Council of the City of National City approving the establishment of a salary band for Management Analyst III, a salary range for Building Inspector/Plan Checker, and making adjustments to the Management Compensation Plan for future increases for the Management Analyst III and the Police Support Services Manager positions. (Personnel) 5. Resolution No. 2000-101 Resolution of the City Council of the City of National City authorizing the Fire Chief to invoke Section 17 of the American Medical Response Agreement for a 60-day extension to the Ambulance Services Agreement. (Fire) 6. Resolution No. 2000-102 Resolution of the City Council of the City of National City waiving the formal bidding process and accepting the lowest responsive, responsible price quote from CompuCom Systems for the purchase of Panasonic "Toughbook" laptop computers. (Purchasing) 7. Resolution No. 2000-103 Resolution of the City Council of the City of National City amending the Combined General Plan/Zoning Map. Case File Nos. GP-2000-3, ZC-2000-3. (Planning) COUNCIL AGENDA 8/15/00 Page 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 2000-104 Resolution of the City Council of the City of National City approving a tentative subdivision map to divide one vacant lot into six with a Conditional Use Permit to allow six live/work residences and a variance to allow tandem parking and a reduction in minimum lot size and minimum lot width at the northeast corner of 9t Street and "A" Avenue. Applicant: Wakeland Housing and Development Corporation. Case File Nos. S-2000-1, CUP-2000-10, Z-2000-2. (Planning) 9. Resolution No. 2000-105 Resolution of the City Council of the City of National City authorizing and approving a reallocation of Community Development Block Grant (CDBG) Funds. (Community Development Commission) **Refer to Item #3** 10. WARRANT REGISTER #06 (Finance) Ratification of Demands in the amount of $272,777.40. NON CONSENT RESOLUTIONS 11. Resolution No. 2000-106 Resolution of the City Council of the City of National City approving a substantial amendment to the FY 2000-01 Consolidated Plan Annual Plan for submission of a Section 108 Loan Guarantee Program Request to the Department of Housing and Urban Development (HUD) for the construction of a new main fire station with Community Development Block Grants Funds. (Community Development Commission) **Refer to Item #1 ** COUNCIL AGENDA 8/15/00 Page 5 NON CONSENT RESOLUTIONS (Cont.) 12. Resolution No. 2000-107 Resolution of the City Council of the City of National City authorizing the submittal of a Section 108 Loan Guarantee Request. (Community Development Commission) **Refer to Item #2** 13. Resolution No. 2000-108 Resolution of the City Council of the City of National City approving a 55-year lease to Southern California Housing Development Corporation/Copper Hills Apartments Limited Partnership (SoCal). (Community Development Commission) ORDINANCE FOR INTRODUCTION 14. Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code. Case File Nos. GP- 2000-3, ZC-2000-3). (Planning) NEW BUSINESS 15. Presentation on a Civic Center Landscape Improvement Plan. (Parks & Recreation) - CITY MANAGER -* CITY ATTORNEY COUNCIL AGENDA 8/15/00 Page 6 NEW BUSINESS (Cont.) -> OTHER STAFF -a MAYOR 16. Miss National City Pageant Director -+ CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION: Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9 (a) 1) Claim of Nemo Larry 2) Claim of Pollyanna Jameson COUNCIL AGENDA 8/15/00 Page 7 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - August 22, 2000 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE August 8, 2000 TO Park Morse, Assistant City Manager FROM Roger C. DeFratis, Personn 26erSUBJECT EMPLOYEE INTRODUCTION PRGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. Anne Campbell Monica O'Hara/Literacy-Computer Cntr Coord ............................. July 25, 2000 Chief DiCerchio Amelia Chavez/Crime Scene Specialist June 27, 2000 xc: Anne Campbell Chief DiCerchio RCD:Im MEMOS.DOC-7 t Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor AUGUST 2, 2000 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Please be advised that we presently have four vacancies on the Senior Citizens Advisory Board. Marie Clifton and Lucille Delorme were interviewed by the City Council on August 1, 2000 and desire to be considered for appointment to the above -subject Board. If there are no objections, I recommend for appointment, Ms. Clifton and Delorme to complete unexpired terms ending August 31, 2001. This item will be placed on the Council Agenda for the meeting of August 15, 2000. GEOR E H. WATERS MAYOR GHW:nu it; Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT **Refer to Item #11 August 15, 2000 1 MEETING DATE AGENDA ITEM NO. (ITEM TITLE PUBLIC HEARING: TO CONSIDER A SUBSTANTIAL AMENDMENT TO THE FY 2000-01 CONSOLIDATED PLAN ANNUAL PLAN FOR SUBMISSION OF A SECTION 108 LOAN GUARANTEE PROGRAM REQUEST TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION WITH COMMUNITY DEVELOPMENT BLOCK GRANTS FUNDS PREPARED BY DE TMENT Paul Desrochers, Executive Dir. F CDC EXPLANATION HUD requires that the City amend its FY 2000-01 Consolidated Plan Annual Plan to reflect the City's intention of applying for a Section 108 Loan Guarantee for the construction of a new main fire station. The amendment is proposed to state that the City will apply to HUD for a Section 108 Loan Guarantee for the construction of a new main fire station to be located on the northwest corner of 16th Street and D Avenue sometime during FY 2000-01. Thirty days public notice was provided per the City's Citizen Participation Guidelines. The actual Section 108 Loan Application will be considered on an additional item in today's agenda. Environmental Review " N/A Financial Statement N/A. Account No. STAFF RECOMMENDATION That the City Council hold a Public Hearing; solicit and consider any public input. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Notice of Public Hearing Resolution No. A-200 (ciao) CERTIFICATE OF PUBLICATION Angelica Macias City of National City Community Development Commission 140 E. 12th Street, Suite B National City, CA 91950 IN THE MATTER OF Section 108 Loan... NOTICE OF PUBLIC HEARING On August15.2000 at 300 p.m.. wassail thereafter, as the matter may be heard, in the National City, City Council chambers, located at 1243 National City Boulevard, ' National City, CA 91950, the City Council ' will hold a public hearing to consider the following items: • The submittal of a Section 108 Loan . Guarantee Request to assist with- the development of the fire station facility project. • Amend the current 2000-2001 Action Planto theC4ys Community Development Block Grant to include the submittal of a Section 108 Loan Request for the fire station faddy project A copy of the draft Section 108 Loan Guarantee Request and a copy of the Annual Action Plan is avaiele for impaction at the cakes d the Comma* Oarelo meat Commission. The purpose of the public hearing is to receive testimony from the public regarding the Section 108 Loan Request and the amendment to the Annual Action Plan. Al ieeresed parties are ihvaed and encouraged to attend said meeting and express their ' opinion for or against these items Further information may be obtained by contacting the officers of the CDC at (619) 336=4250. • If you challenge the items listed above in court, you may be limited to raising only those issues you or some else raised at the public hearing described in this notice, or in a written correspondence delivered to the City Councilator prior to, the public hearing. • Furthermore, you my exhaust and administrative remedies prior tb commencing a court challenge to City Coundrs action. • July 14, 2000 Paul Desrochers Pub. Jul 14-e120001 NO. I, Lou Sto. Domingo, am a citizen of the United States and a of the county aforesaid; I am over the age of eighteen years, and not party to or interested in the above entitled matter. I am the principal clerk of the San Diego Daily Transcript, a newspaper of general circulation, printed and published daily, except Saturdays and Sundays, in the City of San Diego, County of San Diego and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 23, 1909, Decree No. 14894; and the NOTICE is a true and correct copy of which the annexed is a printed copy and was published in said newspaper on the following date(s), to wit: JULY 14 I certify under penalty of perjury that the foregoing is true and correct. Dated at San Diego, California this t `f day of (Signature) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 **Refer to Item #12 2 AGENDA ITEM NO. Pr � i i ��' I G: TO CONSIDER DRAFT SECTION 108 LOAN GUARANTEE PROGRAM REQUEST TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION WITH COMMUNITYr VELOPMENT BLOCK GRANT FUNDS r PREPARED BY Paul Desrochers, Executive Dir. DEPARTMENT CDC EXPLANATION The Section 108 Loan Request for the construction of a new main fire station is proposed to be for $6.9 million. As stated in the application under Attachment C, twenty annual payments, including principal and interest, of approximately $660,000 will be made to HUD from the annual CDBG entitlement fund. Year one payment would be for bond sale fees only of $49,000. Years two through twenty are estimated at $660,000. National City's annual CDBG grant has historically been approximately $1.4 million. In April of 1999 bond sale for HUD Section 108 Loans, the average for a 20 year note was 5.93%. In comparison, the interest rate for a 20 year note in June of 2000 was 7.42%. The interest for the bond sale in 2001 (approximately June) when National City would be participating could be higher or lower. Environmental Review X N/A Financial Statement If approved, annual payments of approximately $660,000 will be made out of the City's CDBG entitlement funds for 20 years. The total cost over twenty years, including principal and interest, is estimated at $13.2 million. Account No. STAFF RECOMMENDATION That the City Council hold a Public Hearing; solicit and consider any public input. BOARD i COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L1. Notice of Public Hearing 2. Section 108 Loan Application (Draft) Resolution No. A-200 (9/80) DRAFT NATIONAL CITY SECTION 108 LOAN APPLICATION FIRE STATION FACILITY Loan Request National City is requesting $6.9 million in Section 108 Loan Guarantee funds to assist with the construction of a new fire station facility. The Section 108 Loan Guarantee request is within the maximum loan amount of five (5) times the City's Community Development Block Grant (CDBG) entitlement of $1,411,000 for the 2000-01 CDBG program year. The loan will be repaid over twenty (20) years. Project History and Description The City currently has two fire stations that serve the community. The primary station is located at 333 East 16th Street. This station was constructed in 1954 and contains 10,000 square feet, of which a little over 5,000 square feet is dedicated to administrative service uses. The current station does not meet health and safety requirements as published by the National Fire Protection Association (NFPA) in 1997. Mr. Don Iler, a noted architect whose area of expertise includes fire stations, in 1999, conducted a needs analysis study. The City also had Mr. Iler develop alternative site plans and costs estimates. The needs analysis identified that the City currently has a need for a new 24,000 square foot fire station, with an increase need of an additional 5,000 square feet by the year 2030. The needs analysis also included an identification of some of the deficiencies at the existing station that do not meet the NFPA standards. These included: • Emergency Operations Center - Community room space • Department Operations Center - Training/DOC space • Apparatus Floor & Associated Areas Clean Air Room Clear Air Repair Room Turnout Room Turnout Washing Medical Disinfection Room Door Alcoves at Apparatus Bays Central Storage • Support Areas — Training/Hose Tower In addition to the above deficiencies, the 46 year -old station does not comply with current seismic safety standards and does not have separate facilities for female fire personnel. The current fire station is located on a 42,160 square foot parcel owned by the City. The project will include the use of an adjacent 26,334 square foot parcel that currently contains a Multi -Cultural Center structure that is also owned by the City. An additional adjacent parcel, of approximately 12,506 square feet, containing three single-family dwelling units and one duplex, will also be acquired by the City as part of the project. The new project site will occupy the entire block, bounded by C and D Streets and 15th and 16th Streets. County Assessor Parcel Maps are included as Attachment A. The new development parcel will total approximately 81,000 square feet. The project will include the demolition of the existing fire station, the Multi - Cultural Center and the residential units and the construction of a new 18,739 square fire station. The new station will not include administrative offices, which will be located at another facility. The new two-story fire station facility will include the following uses: • Public Area • Operations Office Areas • Training/Department Operations Center • Apparatus Floor and Associated Areas • Operations Living Space • Electrical/Mechanical/Vertical Circulation Elements • Reserve Apparatus/Support Service Areas In addition to the building hard costs, there will be site improvements that include off-street parking, landscaping and a pumper test pit. The soft costs include architectural and engineering fees, utility connection fees, testing and inspection costs. The estimates do not include any furnishings or equipment, except for the built-in kitchen equipment. Attachment B includes a project cost summary that totals just under $7 million. The total project costs for the new fire station facility will be completely financed from the Section 108 funds. The City has no other additional revenue resources to put towards the project As part of this Section 108 application, the City is also requesting authority, pursuant to 24 CFR 570.200 (h), to incur reimbursement for some pre -award costs as soon as the Request for Release of Funds has been approved. National Objective The proposed project satisfies the primary national objectives stipulated in the Community Development Block Grant (CDBG) entitlement regulations. The project meets the CDBG program national objective outlined at 24 CFR 570.208 (a)(1), Activities benefiting low and moderate income persons — Area Benefit Activities. Citywide, 65% of the households qualify as low and moderate income. The project is located in Census Tract 117. Eligible Activity The Section 108 funds for the fire station project are eligible activities pursuant to 24 CFR 570.703 (a)(d)(e)(1). Term and Repayment of Loan The term of the repayment of the Section 108 Loan is 20 years. The repayment of the Section 108 funds will be from the City's annual CDBG allocation. Attachment C provides the projected repayment schedule. The City will use the property and fire station facility as the additional security for the Section 108 loan. The City is aware that the fixed interest rate for the Section 108 loan funds will be established at the time HUD sells the public offering on the market and prior to the City's execution of the loan documents with HUD. The City will establish a separate bank account into which loan repayments will be deposited. From this account, the required payments will be made to HUD twice a year, at the stipulated times. Relocation, Displacement and Acquisition Compliance The new fire station facility will be constructed on the existing fire station property, plus the adjacent property that includes a Multi -Cultural Center and 3 single family and 1 duplex 3 residential uses. The City will be responsible for the property acquisition and relocation associated with the proposed project. The property acquisition and relocation activities will proceed pursuant to Section 570.606 of the CDBG Entitlement Regulations. Certifications and Citizen Participation The City Council conducted a public hearing on August 15, 2000 on the Section 108 application. In addition, the City Council also conducted a Public Hearing at the same meeting, amending the 2000-01 Annual Action Plan to include the new fire station facility project. At the August 15th public hearing, the City Council authorized the submittal of the Section 108 application and adopted the attached resolution included as Attachment D. The Resolution contains the required Section 108 Certifications. Attachment E provides the copy of the public hearing notice and proof of publication covering the proposed project. If you have any questions concerning this proposed Section 108 Loan Guarantee request, please contact Mr. Benjamin A. Martinez, Project Manager at (619) 336-4256. nationalcity/108appl 4 • Attachment A Soa.••••••••eme. REi N) 4564 ST , CLOSNG COJ !MBAL.L i_H ;rev PARK 3 I 1 /9 O! O V/e O R ~ 0.89 AC. --I� a / U ~ ro n s 6 F_ 7 F— /s — 5 1- U /0 L •.0 ro Cfl 161a• MAPPED FOR ASSESSMENT PURPOSES ONLY 15 TH STREET PROJECT SILL, - BLOCK 780-105-13 STREET So E --_ AL LE MAP 552 - RHO DE LA NACION 10 AC LOTS 7 & 8 ROS 13498 • Attachment B A B C D 1 National City 2 Construction of New Fire Station Facility 3 July 5 2000 4 nationalA ESTIMATED DEVELOPMENT COSTS 5 6 7 8 SITE DATA 9 Exisitng Fire Station Parcel 42,160 sq. ft. 10 Exisitng Ciltural Center Parcel 26,334 sq. ft. 11 Residential Property Parcel 12,506 sq. ft. 12 NET SITE AREA 81,000 sq. ft. 13 14 LAND COSTS Unit Unit Costs Cost 15 Exisitng Fire Station Parcel 42,160 $0.00 $0 16 Exisitng Cultural Center Parcel 26,334 $0.00 $0 17 Residential Property Parcel 12,506 $39.98 $500,000 18 NET LAND COSTS $500,000 19 20 HARD COSTS 21 22 Fire Station Building 18,739 $195.00 $3,654,105 23 Hose/Training Tower $262,000 24 On -Site Improvments 81,000 $4.50 $364,500 25 Demolition & Site Preparation 108,000 $3.50 $378,000 26 TOTAL HARD COSTS $4,658,605 27 28 SOFT COSTS 29 Architectural Hard Costs 8% $372,688 30 Engineering 81,000 $0.25 $20,250 31 Relocation $200,000 32 Utility Fees $50,000 33 Testing/Inspection Fees Hard costs 0.75% $34,940 34 Construction Insurance Const. Costs 0.75% $30,140 35 Contingency 15% $1,035,307 36 TOTAL SOFT COSTS $1,743,325 37 38 TOTAL DEVELOPMENT COSTS $6,901,930 Attachment C —___• A E F 1 CITY OF NATIONAL CITY 2 SECTION 108 REPAYMENT 3 natcity108repayl 4 July 6,2000 5 6 Drawdown Assumptions 7 February 1,2001 $ 6,900,000 8 Fees Historic costs for fees 9 Underwriter $ 41,400 (55 to 60 basis points) 10 11 12 Legal & Accounting Trustee Fees Wire Transfer Fees $ 2,070 $ 6,000 50 ($300 per $1 M of notes) ($250 to $300 per years in term of repayment) ($50 per draw down event) 13 Total Fees $ 49,520 14 Total $ 6,949,520 15 16 Repayment Assumptions 17 18 19 20 21 Average Interest from June 7, 2000. Public Offering Principal amortization over 20 years Interim Interest based on May 5, 2000 3-Month LIBOR plus 20 basis points Assumed Public Offering Date for Funding 7.42% 6.77% May 1,2001 22 Section 108 Repayment 23 24 August August February Fiscal Year 25 Principal Interest Interest Total Ending 26 Fiscal Year Payment Payment Payment Payments Balance 27 28 2000-01 Payment of Fees) $ 49,520 29 2000-01 $ 49,520 $ 6,900,000 30 2001-02 $ 170,000 $ 244,778 $ 249,683 $ 664,461 $ 6,730,000 31 2002-03 $ 170,000 $ 249,683 $ 243,376 $ 663,059 $ 6,560,000 32 2003-04 $ 180,000 $ 243,376 $ 236,698 $ 660,074 $ 6,380,000 33 2004-05 $ 195,000 $ 236,698 $ 229,464 $ 661,162 $ 6,185,000 34 35 2005-06 2006-07 $ 210,000 $ 225,000 $ 229,464 $ 221,673 $ 221,673 $ 213,325 $ 661,136 $ 659,998 $ 5,975,000 $ 5,750,000 36 2007-08 $ 245,000 $ 213,325 $ 204,236 $ 662,561 $ 5,505,000 37 2008-09 $ 260,000 $ 204,236 $ 194,590 $ 658,825 $ 5,245,000 38 2009-10 $ 280,000 $ 194,590 $ 184,202 $ 658,791 $ 4,965,000 39 2010-11 $ 305,000 $ 184,202 $ 172,886 $ 662,088 $ 4,660,000 40 2011-12 $ 325,000 $ 172,886 $ 160,829 $ 658,715 $ 4,335,000 41 2012-13 $ 350,000 $ 160,829 $ 147,844 $ 658,672 $ 3,985,000 42 2013-14 $ 380,000 $ 147,844 $ 133,746 $ 661,589 $ 3,605,000 43 2014-15 $ 410,000 $ 133,746 $ 118,535 $ 662,280 $ 3,195,000 44 2015-16 $ 440,000 $ 118,535 $ 102,211 $ 660,745 $ 2,755,000 45 2016-17 $ 475,000 $ 102,211 $ 84,588 $ 661,799 $ 2,280,000 46 2017-18 $ 510,000 $ 84,588 $ 65,667 $ 660,255 $ 1,770,000 47 2018-19 $ 545,000 $ 65,667 $ 45,448 $ 656,115 $ 1,225,000 48 2019-20 $ 590,000 $ 45,448 $ 23,559 $ 659,006 $ 635,000 49 2020-21 $ 635,000 $ 23,559 $ 658,559 50 51 Total $ 6,900,000 $ 3,277,332 $ 3,082,074 $13,259,406 • Attachment D RESOLUTION NO. 2000 — 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF A SECTION 108 LOAN GUARANTEE REQUEST WHEREAS, the City of National City has determined that a high priority exists for the construction of a new fire station facility; and WHEREAS, the proposed project is included in the City's adopted One Year Action Plan of the Consolidated Plan; and WHEREAS, the Section 108 Loan Guarantee program, implemented by the United States Department of Housing and Urban Development (HUD), is designed to provide funds to assist with these types of projects; and WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to five years worth of its annual Community Development Block Grant allocation, and can take up to twenty years to repay the principal and interest; and WHEREAS, the City is requesting a total of $7,000,000 in Section 108 Loan Guarantee funds to assist with the construction of the fire station facility; and WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee application and amendments thereto and all understandings and assurances contained therein, and to act in connection with the application to provide such additional information as may be required. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds: SECTION 1. The City hereby certifies and assures with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it poses the legal authority to make the pledge of grants required under 24 CFR 570,705 (b) (2). SECTION 2. As prerequisites for submission of the application to HUD, the City certifies that it has: (a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title 1 of the Housing and Community Development Act of 1974, as amended; (b) Held at least one public hearing, on August 15, 2000 to obtain the views of citizens on community development and housing needs; and (c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title 1 of The Housing and Community Development Act of 1974, as amended, and made the application available to the public. Resolution No. 2000 — 107 August 15, 2000 Page Two SECTION 3. The City has and will continue to follow a detailed citizen participation plan that meets the requirements described in Section 570.704(a)(2) of Title 1 of the Housing and Community Development Act of 1974, as amended. SECTION 4. The City has and will continue to affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-20). SECTION 5. The City will expend in the aggregate, at least 70 percent of all CDBG funds, as defined in Section 570.303(e) of Title 1 of The Housing and Community Development Act of 1974, as amended, during the one, two, or three consecutive years specified by the City for its CDBG program on activities which benefit low/moderate income persons, as described in criteria in Section 570.208(a) of the Act. . SECTION 6. The City has and will continue to comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low and moderate income housing described in Section 570.606. SECTION 7. The City has and will continue to comply with other provisions of the Act and with other applicable laws. SECTION 8. The City has and will continue to Certify regarding debarment, suspension, and other responsibility as follows: (a) The prospective recipients of the Section 108 Loan Guarantee funds and all of their contractors will certify to the best of their knowledge and belief, that they: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)2 of this certification; and 4) Have not within a three-year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. Resolution No. 2000 — 107 August 15, 2000 Page Three SECTION 9. The City hereby assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee, that it will maintain documentation of such efforts for the term of the loan guarantee, and that it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. SECTION 10. The City has and will continue to hereby certify, to the best of its knowledge and belief, the following: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any or cooperative agreement, and the extension, continuation, renewal amendment, or modification of any /Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (c) It will require that the language of paragraph (a) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. SECTION 11. The City will continue to maintain a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about the following: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug -free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: Resolution No. 2000 —1G7 August 15, 2000 Page Four 1) Abide by the terms of the statement; and 2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2) In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency. SECTION 12. This Resolution shall be effective immediately upon its adoption. PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • Attachment E • CERTIFICATE OF PUBLICATION Angelica Macias City of National City Community Development Commission 140 E. 12th Street, Suite B National City, CA 91950 IN THE MATTER OF Section 108 Loan... NOTICE OF PUBLIC HEARING On As 15, 2000 at aco pm, cr as sort thereafter, as the matter may be heard, in the National City, City CaurteY chambers. located at 1243 National City Boulevard.. National Cdy, CA 91950, the City Council willhold a public hearing to consider the following items: • The submittal of a Section 108 Loan Guarantee Request to assist with the • development of the fire station facility project. • Amend the current 2000-2001 Action Block Gra he itclu submittal Community of Section 108 Loan Request for the fire station facility project A copy of the draft Section 108 Loan Guarantee Request and a copy of the Annual Action Plan is available for inspectim at the offices rite Ccnvnunly Oevainomerd Commission. The purpose of the public hearing as to receive testimony from the public regardivj the Section 108 Loan Request and the amendment to the Annual Action Plan. All interested deities are itwlad andanocraaged to attend said meeting and express their opinion for or against these items. Further information may be obtained by contacting the officers of the CDC at (619) 336-4250. If you challenge the items listed above in court, you may be limited to raising only those issues you or some else raised at the public hearing described in this notice, or in a written correspondence delivered. to the City Council. at, or prior to, the, public hearing. " Furthermore. youmy; etthaust and administrative remedies prior fib iiommencing a court challenge to City Councirs action. - July 14, 2000 Paul Desrochers Pub. Jul 14-e120001 NO. I, Lou Sto. Domingo, am a citizen of the United States and a of the county aforesaid; I am over the age of eighteen years, and not party to or interested in the above entitled matter. I am the principal clerk of the San Diego. Daily Transcript, a newspaper of general circulation, printed and published daily, except Saturdays and Sundays, in the City of San Diego, County of San Diego and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 23, 1909, Decree No. 14894; and the NOTICE is a true and correct copy of which the annexed is a printed copy and was published in said newspaper on the following date(s), to wit: JULY 14 I certify under penalty of perjury that the foregoing is true and correct. Dated at San Diego, California this /`f day of !!! (Signature) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 AGENDA ITEM NO. **Refer to Item #9 3 ITEM TITLE PUBLIC HEARING: REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. PREPARED BXPaul Desrochers, Executive Dir. EXPLANATION (Please see attached "Explanation") DEPARTMENT CDC Environmental Review Financial Statement N/A No effect. There will be neither a gain or loss in federal grant monies to the City resulting from tlu� reallocation. Account No. STAFF RECOMMENDATION That the City Council hold a Public Hearing; solicit and consider any public input. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Notice of Public Hearing A-200 (9180) 1 EXPLANATION In order to reallocate CDBG funds, a public hearing is required to solicit public input of the proposed reallocation. This is the time and date set to consider the reallocation of $143,000 from the following cancelled projects: Project Amount Fiscal Year Graffiti Program $8,399.36 1999-00 Housing Inspection Program $8,471.94 1999-00 Graffiti Truck $30,724.28 1996-97 Graffiti Truck $1,167.42 1999-00 Re -roof Kimball Senior Center $8,038.47 1999-00 Re -roof Lower Level Camacho Gym $13,424.53 1999-00 Casa de Salud $49,400 1998-99 Casa de Salud $10,165 1995-96 6th Grade Camp $3,000 1997-98 Fire Station $3,000 1997-98 Pool Covers $7,209 1995-96 TOTAL $143,000 These funds will be reallocated to the following projects: Project Amount Fiscal Year CDBG Administration $73,000 2000-01 Granger Music Hall - Paint $10,000 2000-01 CDC Nutrition Program $10,000 2000-01 Library Feasibility Study $50,000 2000-01 TOTAL $143,000 PUBLIC HEARING NOTICE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM REALLOCATION OF FUNDS The City Council of the City of National City will hold a public hearing on Tuesday, August 15, 2000 at 3:00 PM in the City Council Chambers, 1243 National City Boulevard. The public hearing is to obtain the views of residents regarding the reallocation of $143,000 from the following fiscal years: $17,374 in FY 1995-96; $30,724.28 in FY 1996-97, $6,000 in FY 1997-98; $49,400 in FY 1998-99 and $39,501.72 in FY 1999-00 program year CDBG funds from cancelled or completed projects to the following projects: Nutrition Center Program $10,000 Program Administration $73,000 Granger Hall Painting Project $10,000 Main Library Feasibility Project $50,000 The total reallocation will be $143,000. The views and comments of the general public and especially lower income persons are invited. Information on CDBG program eligibility and guidelines may be obtained from the Community Development Commission office at 140 East 12th Street, Suite B, National City, CA 91950 or by telephoning Ben Martinez at (619) 336-4256. Paul Desrochers Executive Director MEETING DATE City of National City, California COUNCIL AGENDA STATE E T August 15, 2000 4 AGENDA ITEM NO, RESOLUTION APPROVING THE ESTABLISHMENT OF A SALARY BAND FOR MANAGEMENT ANALYST III, A SALARY RANGE FOR BUILDING INSPECTOR/PLAN CHECKER, AND MAKING ADJUSTMENTS TO THE MANAGEMENT COMPENSATION PLAN FOR FUTURE INCREASES FOR THE MANAGEMENT ANALYST III AND THE POLICE SUPPORT SERVICES MANAGER POSITIONS PREPARED BY EXPLANATION_ Roger C. DeFratis Personnel Directo DEPARTMENT Personnel In June 2000, Council approved a preliminary budget which authorized new and modified positions. The approval was for lump sum amounts without specifying the salary bands/range. This resolution implements the Council approved position changes in the new budget and establishes the salary band for Management Analyst III in the City Manager's Office and the salary range for Building Inspector/Plan Checker within the budgeted amounts. It places the Management Analyst III Into the Management Compensation Plan with a salary adjustment of 10% for FY 2001-2002 (same as the Management Analyst II) and also adjusts the increase for the Police Support Services Manager for FY 2001-2002 by same percent (this position was vacant at the time the Management Compensation Plan was adopted, but was intended to be at same pay level as Management Analyst III). The following bands/range are recommended. Please note management band increases do not provide actual salary increases to employee. POSITIONi,;Tma, om SALARYBANIMAgnii — :.2001-2002 :SALARYMANDAMpith :m Management Analyst III $3,400 - $5,000/mo. $3,400 - $5,500/mo. Police Support Services Manager $3,400 - $5,000/mo. $3,400 - $5,500/mo. , - - , ' • ," - - --- - POSITION .•-TY;2000,i20 ,,: g , SALARY RANGE ..., i.K -FT:-.,'200114 002 :::::,,SALARY it:ANC RAM Building Inspector/Plan Checker RI 33: $3,410 - $4,145/mo. 6% increase, per MEA MOU ntol Review N/A Financial Statement No additional costs, costs accounted for in preliminary budget. FF RECOMMENDATION Recommend approval of the proposed Resolution. ROARD/COMMISSION EiOwtMk1DAFlON N/A ACHMENTS (Limed Selow) 1. Revised Management Compensation Plan 2. Budget Program Changes Resolution Nu, 2000-100 A -NO (Rev 4/10) RESOLUTION NO. 2000 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF A SALARY BAND FOR MANAGEMENT ANALYST III, A SALARY RANGE FOR BUILDING INSPECTOR/PLAN CHECKER, AND MAKING ADJUSTMENT TO THE MANAGEMENT COMPENSATION PLAN FOR FUTURE INCREASES FOR THE MANAGEMENT ANALYST III AND THE POLICE SUPPORT SERVICES MANAGER POSITIONS BE IT RESOLVED that the City Council of the City of National City hereby approves the salary band for the Management Analyst III, and the salary range for the Building Inspector/Plan Checker as follows: POSITION. FY 2000 2001 SALARYBAND- grit) FY 2001:2002 �SALARYB ) (Mgtiwnt Management Analyst III $3,400 0 $5,000/mo. $3,400 0 $5,500/mo. POSITION FY 20004004 SALARY RANGE (MEA) FY 2001.2002 $ALARY RA +1Gl✓ z) :` Building Inspector/Plan Checker R133 $3,410 0 $4,145/mo. 6% increase, per MEA MOU BE IT FURTHER RESOLVED that the City Council hereby approves adjustments to the Management Compensation Plan for future increases for the Management Analyst III and the Police Support Services Manager as set forth in Exhibit "A", attached hereto and incorporated herein by reference. PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" Resolution No. 2000-100 REVISED 08/15/00 MANAGEMENT COMPENSATION PLAN FOR FISCAL YEARS 1999-2000, 2000-2001 & 2001-2002 The City Council of National City hereby re -affirms the Management Compensation Plan adopted by the City Council of 1981 (attached) and updated in 1999 (attached). This plans provides a pay -for - performance method in determining actual salaries for Executives and Managers and a method of establishing broad salary bands based on the market average of similar or competing agencies. To this end, effective at the start of the Fiscal Years 1999-2000, 2000-2001 and 2001-2002, the salary bands and benefits for the following positions will be adjusted as designated below. However, the actual salary within the band of each employee in these positions will be determined individually by the City Manager based on pay -for -performance factors. 1. Salary Bands ADJUSTMENTS TO TOP OF BAND POSITION TITLE FY 1999-2000 FY 2000-2001 FY 2001-2002 Assistant City Manager $5360 - $8363 $5360 - $8865 $5360 - $9308 Police Chief $5610 - $8993 $5610 -$9802 $5610 - $10,586 Fire Chief $5100 - $8036 $5100 - $8599 $5100 - $9115 City Engineer $5100 - $7725 $5100 - $7957 $5100 - $8196 Director of Finance $4840 - $7629 $4840 - $8087 $4840 - $8572 Director of Planning $4840 - $7700 $4840 - $8316 $4840 - $8898 Director of Public Works (Vacant) $4840 - $7700 $4840 - $8316 $4840 - $8981 Director of Bldg & Safety (Vacant) $4770 - $7350 $4770 - $7350 $4770 - $7350 Director of Parks & Recreation $4670 - $7293 _ $4670 - $7731 $4670 - $8195 City Librarian $4600 - $7098 _ $4600 - $7453 $4600 - $7826 Director of Personnel $4170 - $7062 $4170 - $7768 $4170 - $8545 Sr Assistant City Attorney $6375 - $8899 $6375 - $9255 $6375 - $9625 Police Captain $4640 - $7412 $4640 - $8079 $4640 - $8806 Battalion Chief $4560 - $6477 _ $4560 - $6801 $4560 - $7141 Principal Civil Engineer $3940 - $6249 $3940 - $6686 $3940 - $7087 Deputy PW Director $3910 - $6127 $3910 - $6433 $3910 - $6755 Principal Planner $3830 - $5922 $3830 - $6218 $3830 - $6467 Purchasing Agent $3650 - $5649 $3650 - $5931 $3650 - $6228 Financial Services Officer $3580 - $5786 $3580 - $6365 $3580 - $7002 Risk Manager $3580 - $5733 $3580 - $6249 $3580 - $6811 Mgmt Info Systems Manager $3670 - $5786 $3670 - $6365 $3670 - $7002 Plan Check Engineer $3520 - $5429 $3520 - $5429 $3520 - $5429 Principal Librarian $3230 - $5167 $3230 - $5632 _ $3230 - $6139 Police Support Services Manager $3400 -$4700 $3400- $5000 $3400 - $5500 Senior Accountant $2800 - $4450 $2800 - $4806 $2800 - $5191 Equipment Maint Supervisor $2770 - $4466 $2770 - $4913 $2770 - $5404 Facilities Maint Supervisor $2770 - $4304 $2770 - $4519 $2770 - $4745 Park Superintendent $2770 - $4466 $2770 - $4913 $2770 - $5404 Wastewater Supervisor $2770 - $4304 $2770 - $4519 $2770 - $4745 Street Maint Supervisor $2770 - $4304 $2770 - $4519 $2770 - $4745 Management Analyst II $3038 - $4061 $3038 - $4467 $3038 - $4914 Management Analyst III N/A $3400 - $5000 $3400 - $5500 MEETING DATE 08/15/00 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 ITEM TITLE PREPARED BY EXPLANATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING STAFF TO INVOKE SECTION 17, "EXTENSION", OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE Randy Kimble, Fire Chiefb}D-EPARTMENT rj- Fire The City's Ambulance Services Agreement with American Medical Response (AMR) will expire on September 30, 2000. Negotiations with AMR are continuing and an amendment to extend the agreement is anticipated. As a contingency measure and to ensure that ambulance services to the City are not interrupted, Staff is requesting permission to invoke Section 17 entitled "Extension" of the agreement, if needed. This section allows the City to unilaterally extend the agreement for three (3) 60-day periods if needed. Each 60-day extension requires that AMR be given a 30-day notice of intent to extend the agreement term. Should this action be needed, a written notice would be sent to AMR on or before August 31, 2000 enacting the first 60-day extension. Environmental Review X N/A Financial Statement Approved By: Finance Director No financial impact; the Ambulance Services Agreement is a fee for service with no City revenue subsidy. Account No. STAFF RECOMMENDATION Authorize Staff to implement Section 17 of the AMR Ambulance Services Agreement if needed to ensure the continued delivery of ambulance services to the City. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2000-101 1. Resolution authorizing the City's Fire Chief to invoke Section 17, "Extension" of the current Ambulance Services Agreement with AMR 2. Current Ambulance Services Agreement, Section 17, "Extension" (page 37). A-200 i9 99) RESOLUTION NO. 2000 — 101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FIRE CHIEF TO INVOKE SECTION 17 OF THE AMERICAN MEDICAL RESPONSE AGREEMENT FOR A 60-DAY EXTENSION TO THE AMBULANCE SERVICES AGREEMENT BE IT RESOLVED by the City Council of the City of National City that the Fire Chief is hereby authorized to invoke Section 17 of the Ambulance Services Agreement to execute a 30-day written notice to American Medical Response for a 60-day extension to the Ambulance Services Agreement. PASSED and ADOPTED this 15th day of August 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney /5, 4/3D AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND HARTSON MEDICAL SERVICES FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES This agreement is made effective as of October 1, 1987, by and between the City of National City, a municipal corporation, herein called "CITY", and Med-Trans, a California limited partnership, dba Hartson Medical Services, herein called "HARTSON". RECITALS A. Within the City of National City, there is a public health and safety need for effective and efficient basic and advanced life support emergency and non -emergency medical services. 1 HARTSON shall furnish performance security in an amount of $25,000 in the following form: A performance bond issued by a company, appropriately licensed and acceptable to CITY, provided that the language of such performance bond shall recognize and accept the requirement of immediate release of funds to CITY upon determination that HARTSON'S performance is dangerous to public health and safety, and recognizing that any legal dispute by HARTSON or the bonding company shall be initiated and resolved only after release of funds to CITY. 17. EXTENSION: CITY shall be entitled to order extension of service for a period of sixty (60) days after expiration of this Agreement by notifying HARTSON in writing at least thirty (30) days prior to expiration of this Agreement. CITY shall be entitled to order two (2) additional sixty (60) day periods of extension of service, for a maximum of 180 days of extension of service, providing that HARTSON is notified in writing at least thirty (30) days prior to the expiration of each period of extension and the parties agree on a reasonable interim compensation for said services. Service shall continue under the terms of this Agreement for the time specified in the notice, or notices, from CITY. 37 Ci National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 AGENDA ITEM NO. 6 /- ITEM TITLE Resolution waiving the bid process, and accepting the lowest responsive, responsible bid from CompuCom Systems for the purchase of Panasonic' 'Tou hbook' laptops computers. PREPARED DEPARTMENT Brenda E. Hodges15Purchasing EXPLANATION. See attachment Environmental Review Financial Statement Funds are available in FY99/00 budget. STAFF RECOMMENDATION Recommend that award be made to CompuCom Systems, and that authority be given to Purchasing Agent to issue resulting purchase orders. N/A 208-411-000-502 218-411-000-502 Account $21,183 .22 $7,061.07 BOARD/COMMISSION RECOMMENDATION n/a i 2000-102 ATTACHMENTS (Listed Below) Resolution Na. Explanation Bid Abstract Resolution A 200 (Rev. 9/80) EXPLANATION: The Police Department determined that the Panasonic line of `Toughbook' laptop computers was the standard for their Automated Field Reporting System. This was approved, via Resolution #97-63, 5/20/97, where the first installment of computers was awarded to TIG/MicroAge as part of a turn -key solution. The Police Department will continue to require additional laptops, for replacement and supplementation. The Panasonic CF-27 Toughbook Laptop computer is a very specialized piece of equipment, with few companies authorized by Panasonic to sell them. TIG/MicroAge is no longer an authorized reseller. The Panasonic website was consulted for a list of authorized resellers, an email was sent via the Panasonic website requesting information on resellers, a phone number from the website was called, netting the name and number for the local representative. To this date, four messages have been left for the sales rep, gaining no response. Customer Service was contacted. They referred me back to the sales rep, and supposedly would also leave the rep a message on my behalf. I have so far received no information or assistance from Panasonic in locating additional sources for these computers. Many vendors have been contacted directly, to see if they were authorized to sell these computers. Affirmative responses were received from three (3) of them, in the form of actual quotes. Since price quotes already exist, and there are no other known sources to contact, it is felt that no further purpose would be served by initiating a bid process. As authorized by Purchasing Ordinance #1480, section 12a4, it is requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to buy the `Toughbook' computers as needed, without compliance with the formal bid process. Total value of the Police Department's current needs is $28,244.30, as shown on the 'Bid Analysis' sheet. BID ANALYSIS: PANASONIC LAPTOPS 8/9/2000 ComSerCo. CompuCom J.W. Marketinq Laptops 8 $3,256.74 $26,053.92 $3,367.10 $26,936.80 $3,630.00 $29,040.00 CD Rom 1 $341.55 $325.75 $349.00 State Fee (1.21%) $0.00 $329.88 $0.00 Subtotal $26,395.47 $27,592.43 $29,389.00 Tax (7.75%) $2.045.65 $2,138.41 $2,277.65 Subtotal $28,441.12 $29,730.84 $31,666.65 Freight $426.61 $0.00 $0.00 Total $28,867.73 $29,730.84 $31,666.65 Payment Discount 1% 20 -$288.68 5% 20 -$1.486.54 Net 30 $0.00 Total $28,579.05 $28,244.30 $31,666.65 Acct Distribution 208-411-000-502 75% $21,434.29 $21,183.22 $23,749.99 218-411-000-502 25% $7.144.76 $7.061.07 $7,916.66 $28,579.05 $28,244.30 $31,666.65 RESOLUTION NO. 2000 — 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BIDDING PROCESS AND ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE PRICE QUOTE FROM COMPUCOM SYSTEMS FOR THE PURCHASE OF PANASONIC "TOUGHBOOK" LAPTOP COMPUTERS WHEREAS, pursuant to Resolution No. 97-63, the City Council of the City of National City determined that the Panasonic line of "Toughbook" lap computers was the standard for the Police Department's Automated Field Reporting System and approved the purchase from TIG/MicoAge as part of a turn -key solution; and WHEREAS, the Police Department requires additional laptops for replacement and supplementation; and WHEREAS, the Panasonic CF-27 "Toughbook" laptop computer is a very specialized piece of equipment, with few companies authorized by Panasonic to sell them; and WHEREAS, TIG/MicoAge is no longer an authorized reseller of the Panasonic CF- 27 "Toughbook" laptop computer; and WHEREAS, several vendors were contacted and only three were authorized resellers of the Panasonic CF-27 "Toughbook" laptop computer; and WHEREAS, from the price quotes received from the three authorized resellers, CompuCom Systems was the lowest, responsible quote; and WHEREAS, since price quotes already exist and there are no other -known sources to contact, no further purpose would be served by initiating a bid process; and WHEREAS, Section 2.60.220 of the Municipal Code authorizes dispensing with the formal bidding procedure when the City Council determines that it is in the City's best interest to do so. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Council finds and determines that it is in the City's best interest to purchase the Panasonic CF-27 "Toughbook" laptop computers without complying with the competitive bidding procedure. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City a Purchase Order between CompuCom Systems and the City of National City to effect this purchase. -- Signature Page to Follow -- Resolution No. 2000 — 102 August 15, 2000 Page Two PASSED and ADOPTED this 15th day of August 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 7 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE COMBINED GENERAL PLAN/ZONING MAP (CASE FILE NO.: GP-2000-3, ZC-2000-3) PREPARED BYJon Cain - Associate Planne PARTMENT Planning EXPLANATION The City Council conducted a public hearing on this item on August 8, 2000 and approved the rezoning of two properties from CT-PD Tourist Commercial to RS-3-PD Single -Family Residential. The zoning of a third, 1.75-acre parcel was not changed. The proposed Resolution and a separate Ordinance that is part of a related Council agenda statement are necessary to follow up on the Council action. Environmental Review X N/A Exempt Financial Statement N/A STAFF RECOMMENDATI Adopt the Resolution. r BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below) Resolution No. 2000-103 Resolution Location Map A-200 (9/80) RESOLUTION NO. 2000 —103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE COMBINED GENERAL PLAN/ZONING MAP CASE FILE NOS. GP-2000-3, ZC-2000-3 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission to amend the Combined General Plan/Zoning Map, along with evidence and testimony presented at the duly advertised public hearing held by the City Council on August 8, 2000; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California; and WHEREAS, the Planning Commission at a duly advertised public hearing held on June 19, 2000 considered the proposed amendment to the General Plan of the City of National City, along with all evidence and testimony presented at said hearing; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. NOW, THEREFORE BE IT RESOLVED that the City Council finds that the proposed amendment is in the public interest and consistent with General Plan policy, since the General Plan identifies home ownership as a priority and calls for the protection of existing neighborhoods from inappropriate non-residential development which might impact their stability or quality of life. BE IT FURTHER RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map as follows: From CT-PD to RS-3-PD for vacant properties at the north end of Sheryl Lane, shown as Parcels 1 and 2 on the Location Map for Case File Nos. GP-2000-3 and ZC-2000-3, attached to the Council agenda statements for the August 8, 2000 hearing, on file in the Office of the City Clerk. PASSED and ADOPTED this 15t day of August, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla George H. Eiser, III City Clerk City Attorney Parcel 1 14/7 1436 /441 /440 g /503 1401 7 MAP 'Pm 1c.P 1110.01 /421 Parcel 2 MOO /433 5 \POP0 V4/5 11427 1440 RS-3-PD 1510 1504 /5/7 1536 1525 /629 .Po 1516 ICo /5/2 oL_ oII 00410 604 0071 V O MAP RM00200PD I POP CE w coo 1W q on PO PP W PP PP oO AMENDMENT AREA P®® ZONE BOUNDARY NOTE: APPROVED FOR PARCELS 1 AND 2 ONLY OCATION M MP Sheryl Lane GP-2000-3 ZC-2000-3 TI®N.. CITY PLNNNINI City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 8 AGENDA ITEM NO. �IT a E RESOLUTION OF THE CITY COUNCIL APPROVING THE SUBDIVISION OF ONE VACANT LOT WITH A CONDITIONAL USE PERMIT TO ALLOW SIX LIVE/WORK RESIDENCES AND A VARIANCE TO ALLOW TANDEM PARKING AND A REDUCTION IN MINIMUM LOT SIZE AND MINIMUM LOT WIDTH AT THE NORTHEAST CORNER OF 9TH STREET AND A AVENUE (APPLICANT: WAKELAND HOUSING AND DEVELOPMENT CORPORATION) (CASE FILE NOS. S-2000-1, CUP-2000-10, Z-2000-2) PREPARED BYJon Cain - Associate PlannerDEPARTMENT Planning EXPLANATION The Council voted to approve this item at the August 8, 2000 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review X N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2000-104 Resolution A-200 (9/80) RESOLUTION NO. 2000 — 104 A RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE ONE VACANT LOT INTO SIX WITH A CONDITIONAL USE PERMIT TO ALLOW SIX LIVE/WORK RESIDENCES AND A VARIANCE TO ALLOW TANDEM PARKING AND A REDUCTION IN MINIMUM LOT SIZE AND MINIMUM LOT WIDTH AT THE NORTHEAST CORNER OF 9 STREET AND A AVENUE. APPLICANT: WAKELAND HOUSING AND DEVELOPMENT CORPORATION. CASE FILE NOS. S-2000-1, CUP-2000-10, Z-2000-2 WHEREAS, application was made for approval of a tentative subdivision map to divide one vacant lot into six with a conditional use permit to allow six live/work residences and a variance to allow tandem parking and a reduction in minimum lot size and minimum lot width at the northeast corner of 9th Street and A Avenue on property generally described as: Lots 7 to 10 inclusive, Block 2 in W.C. Kimball's Subdivision of 10 acre Lot 1 of Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on June 19, and by Resolution recommended conditional approval of the subdivision and conditionally approved the related conditional use permit and variance; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on August 8, 2000, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2000-1, CUP-2000-10 and Z-2000-2, which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the subdivision map to divide one vacant lot into six with a conditional use permit to allow six live/work residences and a variance to allow tandem parking and a reduction in minimum lot size and minimum lot width at the northeast corner of 9th Street and A Avenue based on the following findings: Resolution No. 20000 —104 August 15, 2000 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the map provides for the development of six single-family homes with space for in -home businesses in the General Commercial zone, where mixed use projects are permitted; and since the General Plan encourages the opportunities for home ownership which will be created by the project. 2. The site is physically suitable for the proposed density of development, since the 11,560 square foot lot is virtually flat and can accommodate building pads and yard areas for the six, proposed 1,600 square -foot homes, and since the site is surrounded by residential and commercial development similar to the proposed use. 3. The site is physically suitable for the proposed type of development, since similar housing types such as Brick Row and apartments are located nearby. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project is located on a disturbed site in the center of a downtown area and no unique environmental resources exist on the site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since there will be no alterations or improvements on existing easements crossing the proposed parcels. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 20000 — 104 August 15, 2000 Page Three FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the project site is located in a relatively dense and compact urbanized downtown area where projects of similar density and scale are located. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project will have direct access to existing streets and proximity to highways, and since the project density, home -business option, and location near commercial uses will encourage decreased dependence on vehicular travel. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed live/work project is compatible with existing residential and commercial uses nearby. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed use provides quality housing that will complement the adjacent Heritage Square neighborhood and may serve as a catalyst for new development or rehabilitation in an older area of the City. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property is adjacent to historic homes and other structures built prior to existing zoning laws. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since the design will be compatible with Design Guidelines and conditions will ensure that the commercial component of the project is compatible with the surrounding neighborhood, and since the variances regarding lot width, lot size, and tandem parking, are needed to achieve home ownership opportunities similar to others in the area at the allowable density under the Zoning Ordinance and General Plan. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since mixed use development is a permitted use in the CG (General Commercial) zone with the issuance of a Conditional Use Permit. Resolution No. 20000 —104 August 15, 2000 Page Four BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map to divide one vacant lot into six with a conditional use permit to allow six live/work residences and a variance to allow tandem parking and a reduction in minimum lot size and minimum lot width at the northeast corner of 9th Street and A Avenue is hereby approved subject to the following conditions: 1. Plans must comply with the 1998 editions of the California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, and the California Title 24 energy and handicapped regulations. 2. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. In particular, the plan shall show the following: finish floor elevations of all buildings, entire site drainage system (including roof drains), finish surface elevations (all areas), and adjacent alley elevations. 3. A separate street improvement plan shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements, and shall show the following: the reconstruction of the curbing on 9th Street. This will involve the removal of the existing curb in its entirety and replacement with 6" type "G" curb and gutter and the complete removal and replacement of sidewalk along each property frontage. The work will also require performing the necessary street pavement repairs adjacent to the new gutter, alley apron, and alley consisting of any combination of removal/replacement and/or overlays to insure a uniform and smooth finish pavement. The plan shall show profiles of the new curb and flow line, including the driveway curb openings. The plan shall also show proposed sidewalk and curb gutter elevations on both streets. The maximum cross slope on the new sidewalk shall be 2%. A checklist for preparation of plans may be obtained from the Engineering Department. 4. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. There are a total of three curb drains on A Street. If these are to be utilized with the proposal, they should be shown accordingly on the drainage plan, otherwise, remove them from the public right-of- way. 5. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. Resolution No. 20000 —104 August 15, 2000 Page Five 6. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 7. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 8. At a minimum, the off-street parking area shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City Standard Drawing G-24 with National City Modifications. 9. A sewer permit and payment of sewer fees will be required. The method of sewage collection and disposal shall be shown on the drainage and street improvement plans. Any sewer lateral in the City right-of-way shall be 6 inches in size with a clean -out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Separate water and sewer laterals shall be provided to each lot. 10. Concrete pavement repair will be required. The work shall be as follows: crack - seal the alley surface, and repair uneven edges along the alley property line. 11. All unused driveways shall be removed and replaced with a full height curb and sidewalk. All driveways both new and existing shall be clearly shown and identified on the plans along with the width, location, and type for the driveways. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 14. A final map is required. The final map/parcel map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. Resolution No. 20000 — 104 August 15, 2000 Page Six 15. A title report shall be submitted to the Engineering Department with the final map. 16. The developer shall bond for the monumentation, the public improvements and the on -site drainage and landscaping improvements through an agreement with the City prior to the approval of the final map. In lieu of bonding, the developer may elect to complete all work first, prior to map review and approval. 17. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. It is recommended that the existing power pole abutting the new subdivision in the alleyway be placed underground. 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The developer shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 21. A detailed landscape and irrigation plan, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 22. Except as modified by conditions of approval, development plans shall be submitted for review and approval of the Planning Director in conformance with Exhibit A, case file. No S-2000-1, dated Mar. 29, 2000, and Exhibit A -Revised, case file no. CUP-2000-10/Z-2000-2, dated May 17, 2000. 23. Before the Conditional Use Permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Resolution No. 20000 —104 August 15, 2000 Page Seven 24. The Conditional Use Permit and Variance shall become null and void if not exercised within one year after a final subdivision map is recorded for the project, unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 25. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 26. Businesses in live/work units shall be limited to office uses. 27. The back-up space for the driveway serving unit #1 shall be modified to provide adequate room for a vehicle to back out of the driveway and then proceed forward toward the main gate at the alley with no more than one backward and one forward motion. 28. An 18-foot minimum driveway width is required at the alley. 29. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, setting forth privileges and responsibilities, including maintenance and allowable colors of structures and other improvements, including, but not limited to, buildings, fencing and driveways on the property, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney, Planning Director and Executive Director, Community Development Commission. The CC&R's shall grant the City the authority but shall not obligate the City to assume maintenance of the properties and assess the full cost, including overhead costa therefore, as a lien or special tax assessment against the properties if said properties are not adequately maintained. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. -- Signature Page to Follow -- Resolution No. 20000 — 104 August 15, 2000 Page Eight PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 **Refer to Item #3 9 AGENDA ITEM NO. ITEM TITLE RESOLUTION: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) FUNDS �/7 PREPARED BY Paul Desrochers�91� DEPARTMENT CDC EXPLANATION The City Council held a public hearing, received and considered public input and can now take action on the above resolution. 2 Environmental Review X N/A Financial Statement No affect. There will be neither a gain or loss in federal grant monies to the City resulting from this reallocation. Account No. STAFF RECOMMENDATION That the City Council approve the resolution approving a reallocation of CDBG funds. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) None 2000-105 Resolution No. A-200 (9/80) RESOLUTION NO. 2000 — 105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS WHEREAS, the City of National City administers the allocation of CDBG funding for the Federal Government under the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the City wishes to reallocate program funds that have been uncommitted and/or unspent; and. WHEREAS, the City Council of the City of National City held a noticed public hearing on the reallocation of said funds on this date, August 15, 2000; and. WHEREAS, the City has agreed to reallocate certain funds as shown on Exhibit "A", attached. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the CDBG funds as shown on the attached Exhibit "A" are approved and the Mayor is hereby authorized, on behalf of the City Council, to submit a revised final statement to the U.S. Department of Housing and Urban Development reflecting said amendment. PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /" George H. Eiser, III City Attorney Exhibit "A" Reallocated from: Project Graffiti Program Housing Inspection Program Graffiti Truck Graffiti Truck Re -roof Kimball Senior Center Re -roof Lower Level Camacho Casa de Salud Casa de Salud 6th Grade Camp Fire Station Pool Covers TOTAL Reallocated to: Project CDBG Administration Granger Music Hall - Paint CDC Nutrition Program Library Feasibility Study TOTAL Amount $8,399.36 $8,471.94 $30,724.28 $1,167.42 $8,038.47 Gym $13,424.53 $49,400 $10,165 $3,000 $3,000 $7,209 $143,000 Amount $73,000 $10,000 $10,000 $50,000 $143,000 Resolution No. 2000-108 page two Fiscal Year 1999-00 1999-00 1996-97 1999-00 1999-00 1999-00 1998-99 1995-96 1997-98 1997-98 1995-96 Fiscal Year 2000-01 2000-01 2000-01 2000-01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 08/16/00 AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #06 PREPARED BY DEPARTMENT ROBERT A. RABAGO FINANCE EXPLANATION Ratification of Warrant Register #06 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $272,777.40 BOARD / COMMISSI RECO ENDATION ATTACHMENTS ( Listed Below ) Resolution No. 1. Warrant Register #06 2. Workers' Comp Warrant Register dated 08/02/00 A-20C l9 991 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 **Refer to Item #1 AGENDA ITEM NO. 11 RESOLUTION: I hSULUIION or Itir. LII Y COUNCIL Or 1 e1T OP NA`PIONAL ' SUBSTANTIAL AMENDMENT TO THE FY 2000-01 CONSOLIDATED PLAN ANNUAL PLAN FO SUBMISSION OF A SECTION 108 LOAN GUARANTEE PROGRAM REQUEST TO THE DEPARTMENT OF HOUSING AN URBAN DEVELOPMENT (HUD) FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION WITH COMMUNIT DEVELOPMENT BLOCK GRANTS F PREPARED y Paul Desrochers kc)DEPARTMENT CDC EXPLANATION The City Council held a public hearing, received and considered public input and can now take action on the above resolution. Environmental Review Financial Statement N/A STAFF RECOMMENDATION N/A That the City Council approve the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 4 Listed Below None A 200 (MO)- Resolution No. 2000-106 RESOLUTION NO. 2000 —106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SUBSTANTIAL AMENDMENT TO THE FY 2000-01 CONSOLIDATED PLAN ANNUAL PLAN FOR SUBMISSION OF A SECTION 108 LOAN GUARANTEE PROGRAM REQUEST TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION WITH COMMUNITY DEVELOPMENT BLOCK GRANTS FUNDS WHEREAS, the City of National City administers the allocation of CDBG funding for the Federal Government under the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the City wishes to approve a substantial amendment to the City's FY 2000-01 Consolidated Plan Annual Plan for the purpose of submitting a Section 108 Loan Guarantee Program request to HUD; and WHEREAS, proceeds from the Section 108 Loan are proposed to be used for the construction of a new main fire station that meets the CDBG national objective outlined at 24 CFR 570.208 (a)(1) Activities benefiting low and moderate income persons — Area Benefit Activities; and WHEREAS, the City Council of the City of National City held a noticed public hearing on the proposed substantial amendment on this date, August 15, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the substantial amendment is approved and the Mayor is hereby authorized, on behalf of the City Council, to submit a revised Consolidated Plan Annual Plan to the U.S. Department of Housing and Urban Development reflecting said amendment. PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 IT **Refer to Item #2 AGENDA ITEM NO. 12 TT RESOLUTION: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATION Rb G THE SUBMITTAL OF SECTION 108 LOAN GUARANTEE PROGRAM REQUEST TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREPARED BY Paul Desrochers DEPARTMENT CDC EXPLANATION The City Council held a public hearing, received and considered public input and can now take action on the above resolution. (Environmental Review X N/A Financial Statement If approved, annual payments of approximately $660,000 will be made to HUD from the City's annual CDBG entitlement funds over the next twenty years. Account No. STAFF RECOMMENDATION That the City Council approve the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Lister! Below ) None Resolution No, 2000-107 A-200 (9/80) RESOLUTION NO. 2000 — 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF A SECTION 108 LOAN GUARANTEE REQUEST WHEREAS, the City of National City has determined that a high priority exists for the construction of a new fire station facility; and WHEREAS, the proposed project is included in the City's adopted One Year Action Plan of the Consolidated Plan; and WHEREAS, the Section 108 Loan Guarantee program, implemented by the United States Department of Housing and Urban Development (HUD), is designed to provide funds to assist with these types of projects; and WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to five years worth of its annual Community Development Block Grant allocation, and can take up to twenty years to repay the principal and interest; and WHEREAS, the City is requesting a total of $7,000,000 in Section 108 Loan Guarantee funds to assist with the construction of the fire station facility; and WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee application and amendments thereto and all understandings and assurances contained therein, and to act in connection with the application to provide such additional information as may be required. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds: SECTION 1. The City hereby certifies and assures with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it poses the legal authority to make the pledge of grants required under 24 CFR 570,705 (b) (2). SECTION 2. As prerequisites for submission of the application to HUD, the City certifies that it has: (a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title 1 of the Housing and Community Development Act of 1974, as amended; (b) Held at least one public hearing, on August 15, 2000 to obtain the views of citizens on community development and housing needs; and (c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title 1 of The Housing and Community Development Act of 1974, as amended, and made the application available to the public. Resolution No. 2000 — 107 August 15, 2000 Page Two SECTION 3. The City has and will continue to follow a detailed citizen participation plan that meets the requirements described in Section 570.704(a)(2) of Title 1 of the Housing and Community Development Act of 1974, as amended. SECTION 4. The City has and will continue to affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-20). SECTION 5. The City will expend in the aggregate, at least 70 percent of all CDBG funds, as defined in Section 570.303(e) of Title 1 of The Housing and Community Development Act of 1974, as amended, during the one, two, or three consecutive years specified by the City for its CDBG program on activities which benefit low/moderate income persons, as described in criteria in Section 570.208(a) of the Act. SECTION 6. The City has and will continue to comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low and moderate income housing described in Section 570.606. SECTION 7. The City has and will continue to comply with other provisions of the Act and with other applicable laws. SECTION 8. The City has and will continue to Certify regarding debarment, suspension, and other responsibility as follows: (a) The prospective recipients of the Section 108 Loan Guarantee funds and all of their contractors will certify to the best of their knowledge and belief, that they: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)2 of this certification; and 4) Have not within a three-year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. Resolution No. 2000 — 107 August 15, 2000 Page Three SECTION 9. The City hereby assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee, that it will maintain documentation of such efforts for the term of the loan guarantee, and that it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. SECTION 10. The City has and will continue to hereby certify, to the best of its knowledge and belief, the following: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any or cooperative agreement, and the extension, continuation, renewal amendment, or modification of any /Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (c) It will require that the language of paragraph (a) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. SECTION 11. The City will continue to maintain a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about the following: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug -free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: Resolution No. 2000 —1t17 August 15, 2000 Page Four 1) Abide by the terms of the statement; and 2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2) In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency. SECTION 12. This Resolution shall be effective immediately upon its adoption. PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August152000 AGENDA ITEM NO. 13 (ITEM TITLE RESOLUTION APPROVING A 55-YEAR GROUND LEASE TO SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP./COPPER HILLS APARTMENTS LIMITED PARTNERSHIP (SoCal). PREPARED BY EXPLANATION Paul Desrochers DEPARTMENT COMMUNITY DEVELOPMENT Executive Directo " COMMISSION (CDC) The City Council and the Community Development Commission are heavily invested in the acquisition, rehabilitation, and quality management of some 132-rental units on "Q" Avenue. The policy reasoning for this project was to consolidate the control and management of the area. The neighborhood park on the west side of "Q" Avenue, in the 1500 block, has suffered from vandalism and misuse for many years. The developer has agreed to completely renovate the park with new equipment and landscaping. In accordance with the CDC approved Disposition and Development Agreement, and in keeping with the highest and best use allowed under the Civic Institutional Open Space zoning, the developer has requested a 55-year ground lease. The lease (copy attached hereto) will allow the developer to truly integrate the neighborhood including development of a gated community. (Environmental Review X N/A Financial Statement Developer to provide an up -front lease payment of $20,000 for the lease term. The City will maintain th underlying fee interest ownership in the land, and will be released from the cost of maintaining, equipping, an ccoun o. the froPerty STAFF RECOMMENDATION Approval. BOARD / COMMISSION RECOMMENDATION The Community Development Commission reviewed the proposed lease and recommended approval at its regul vatinII of Aiigi,ct 1 /non (copy of resolution attached hereto as Attachment No. 2) ATTACHMENTS ( Listed Below ) 1. Ground Lease 2. Community Development Commission Resolution 2000-52 Resolution No. 2000-108 A-200 (9/80 RESOLUTION NO. 2000 —108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A 55 YEAR GROUND LEASE TO SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION/COPPER HILLS APARTMENTS LIMITED PARTNERSHIP (SoCal) WHEREAS, the City of National City owns a parcel of land identified as Assessor's Parcel No. 557-440-25, located in the 1500 block of "Q" Avenue and which has been used as a neighborhood park, but has suffered from vandalism and misuse for many years; and WHEREAS, the Community Development Commission has an approved development plan with SoCal to rehabilitate the apartments along "Q" Avenue including the revitalization of the street, park, and parking areas; and WHEREAS, the "Q" Avenue low-income housing project and the community would benefit from a lease that provides that the developer equip and maintain the park area, plus pay an up -front lease payment of $20,000. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves a 55-year ground lease and lease payment of the City owned parcel number 557-440-25 to Copper Hills Apartments. Limited Partnership, a California limited partnership. Said ground lease is on file in the Office of the City Clerk. PASSED and ADOPTED this 15th day of August, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 4„.= George H. Eiser, III , City Attorney GROUND LEASE This Ground Tease, made and entered into this day of 2000, by and between the City of National City, State of California, hereinafter designated as "LESSOR", and Copper Hills Apartments Limited Partnership, a California limited partnership, hereinafter designated as "LESSEE". RECITALS A. LESSEE is desirous of leasing from LESSOR certain real property for the purpose of administering its program of housing and human development, education, and related programs to benefit low and moderate income families living in the housing development identified as Paseo del Sol. B. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. T FSSOR does hereby lease, demise and let to T FSSHh, the real property situated in the City of National City, County of San Diego, State of California, commonly described as 1500 "Q" Avenue, National City, California. 2. Term. This T ease shall be for a period of fifty-five (55) years from the date first above written. In light of the financial investment sustained by the I FSSEE in the construction of improvements, management and maintenance of the property during the course of this Lease, T FSSOR and I FSSEF may extend this TPase for a term to be negotiated between the parties. 3. Rent. J FSSEF shall pay as rent for the leased premises the sum of Twenty Thousand Dollars ($20,000) for the entire lease term. Payment shall be made to the T FSSOR at the beginning of the lease term. 4. Use. The above described premises are leased to T FSSEE by LESSOR for the purpose of maintaining recreation and educational activities, and related programs to benefit low and moderate income families living within the Paseo del Sol community. All use of the property shall include but not exceed the then existing zoning authorized use. 5. Assignment. This T Pace shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of T .FSSOR evidenced by a resolution hereof duly adopted for said purpose. 6. During the first year of this Ipac' only, I.FSSEE shall be permitted, upon obtaining a Temporary Use Permit therefor from I .RSSOR's City Council, to maintain on the premises a modular office structure approximately 20 feet by 40 feet in size, which may be devoted to office and/or classroom use. J RSSEE shall also be permitted to keep park and recreation furniture and equipment on the premises which shall be in keeping with a neighborhood park. I RSSEE shall bear the entire expense arising by reason of these and any other improvements on the leased premises, and any improvements shall conform with all requirements of laws of the State of California and the ordinances, policies and standards of the City of National City, in connection therewith and in the operation and maintenance thereof. 7. Maintenance and Repair. I RSSOR shall not be liable for the repair or upkeep and/or maintenance of any improvements located or to be located on the leased premises. LESSEE shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. I RSSEE shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. J.RSSOR shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 8. Indemnity. LESSEE hereby agrees to indemnify, defend, and hold harmless I FSSOR, and its officers and employees from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by I.RSSEE or any sub-T ESSEE. I FSSFF, its successors and assigns, shall indemnify, defend, and hold harmless T RSSOR, and its directors, officers, partners, employees, agents, successors, and assigns from and against any and all liabilities, losses, claims, demands, penalties, fines, settlements, damages (including foreseeable and unforeseeable consequential damages), response, remedial, or inspection costs, and any expenses (including, without limit, attorney and consultant fees, laboratory costs, and litigation costs) of whatever kind or nature, known or unknown, contingent or otherwise, which are incurred by or asserted against J RSSOR at any time and arise from or relate directly to (i) any Hazardous Materials or Other Conditions from, in, on, under, or affecting or otherwise resulting from I FSSFF's operations or activities on the premises; (ii) migration of Hazardous Materials or Other Conditions onto any other property from T.RSSEE's operations; (iii) disposal of Hazardous Materials and Other Conditions on the premises by the LESSEE or any subs .RSSEE, known or unknown; (iv) the removal, treatment, remediation, or disposal of Hazardous Materials or Other Conditions on or from the premises; and, (v) any personal injuries or property damages, real or personal, any violations of law or of orders, regulations, requirements, or demands of governmental authorities, and any lawsuit brought or threatened, settlement reached, or governmental order arising out of or in any way related to Hazardous Materials or Other Conditions on, in, from, under, or affecting or otherwise resulting from LESSFF's or any subLESSFF's operations or activities on the premises. Print Date: 04n4/00 2 Ground I PAC' Agreement 1500 "Q" Avenue The agreement to indemnify, defend, and hold harmless set forth above is in addition to, and in no way shall be construed to limit or replace, any other obligations or liabilities which any party may have to or against the other parties at common law or otherwise. Indemnity shall not apply in acts or omissions of LESSOR, its agents or employees. For purposes of this Lease, "Hazardous Materials" shall mean any substance, product, waste, or other material of any nature whatsoever which (i) is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response. Compensation and. Liability Act, 42 U.S.C. Section 9061, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. ("CRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.; (Underground Storage or Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 2550 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended, or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulations, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court, or (iii) petroleum or crude oil other than petroleum and petroleum products, and (iv) asbestos. "Other Conditions" shall mean and include, without limit, methane and other gases, non -hazardous wastes or materials, and any soils conditions, physical conditions, or other subsurface conditions which arise out of or in any way are related to current or previous uses or activities on the premises 9. Insurance. T FSSEE shall take out and maintain, throughout the period of this Iease, comprehensive general liability insurance with minimum limits of One Million Dollars $1,000,000) combined single limit per occurrence, covering all bodily injury and property damage arising out of this feast. This policy shall name I FSSOR and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to LESSOR, its officers agents and employees, so that any other policies held by LESSOR shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to LESSOR of cancellation or material change. Prior to commencement of this I PasP, Print Date: 04/24/00 3 Ground Lease Agreement 1500 "Q" Avenue T RSSEE shall furnish T RSSOR a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorize by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by I .RSSOR before this Agreement is signed. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, I FSSEE shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this IPace. If J RSSEE does not keep an insurance policy in full force and effect at all times during the term of this IPase, I FSSOR may elect to treat the failure to maintain the requisite insurance as a breach of contract; if such breach is not cured by I FSSEE within two business days following written notice from LESSOR (by replacing and/or reinstating required insurance coverage), T RSSOR may terminate this Lease forthwith. T FSSOR may, on an annual basis, review the insurance requirements of this Section and may, in its sole discretion, require reasonable increases in the amount of coverage required herein. 10. Inspection. J RSSOR, by and through its proper officers, reserve and shall always have the right to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 11. Termination. The premises hereby leased are to be used by T.RSSEE to carry out the activities described in Section 4, and for no other purpose, and it is further agreed between the parties that should Copper Hills Apartments Limited Partnership cease to exist, then, at the option of LESSOR, this Lease shall be deemed cancelled and of no further force and effect, and all liabilities of the parties hereunder shall cease. If LFSSEE fails to perform any provision of this I ease, except for the provisions concerning required insurance coverage (which is governed by the requirements of paragraph 9 of this Ground TPce), LESSOR may, at T FSSOR's option, terminate all rights of T FSSEE hereunder upon sixty (60) days' written notice to LESSEE unless LESSEE, within such sixty (60) days, cures the default. I .FSSOR may terminate this I ease and any extension thereof without cause and in its complete discretion upon giving ninety (90) days' prior written notice to T RSSEE, provided that in the event of such termination, LESSOR shall reimburse T FSSEE (1) for the fair market value of LESSEF's improvements to the leased premises; and (2) for a pro- rata share, calculated to the closest month, of any rent pre -paid by I .FSSEE. 12. Removal. Sale or T Pace of Improvements. It is further agreed between the parties that at the termination or expiration of this T Pase or any renewal thereof I .FSSOR and LESSEE agree to negotiate in good faith the sale or lease of any improvements deemed to be of value to the parties of this lease. If no settlement is reachable, JFSSEE shall within ninety (90) days remove any and all buildings, structures, and other improvements or parts of buildings, or fixtures, or personal property placed or erected on the leased premises, during the term thereof, or any renewal thereof, and all expense connected with such removal shall Print Date: 04/25/00 4 Ground Lease Agreement 1500 "Q" Avenue be borne by the T RSSEF. I FSSOR shall have the right to sell, destroy, remove, or otherwise dispose of any property or improvements left on the leased premises longer than ninety (90) days after termination of this Lease. 13. Non -Discrimination. LESSEE agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation, ancestry, martial status, physical disabilities, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, not shall T PSSEE, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use, or occupancy of tenants, T FSSEFs, subleases, subtenants, or vendees in the leased premises. 14. Waiver. The failure or omission of J FSSOR to terminate this T PasP for any violations of any of its terms, conditions,- or covenants shall in no way be deemed to be a consent by I FSSOR to such violation and shall in no way bar, stop or prevent T FSSOR from terminating this I PacP thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent hereunder shall not be or be construed to be a waiver of the breach of any term, condition or covenant of this T P2se. 15. Signs. I FSSEF agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by T .FSSOR. 16. Taxes. LESSF.F recognizes and understands that this T Pase may create a possessory interest subject to property taxation and that LESSEE may be subject to the payment of property taxes levied on such interest. I ESSEE further agrees to pay any and all property taxes, if any, assessed during the term of this JPase pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against J FSSEE's possessory interest in the lease premises. 17. Mediation/Arbitration. If a dispute arises out of or relates to this T eSe, or any 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 J ruse, or any breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. Print Date: 04/24/00 5 Ground Lease Agreement 1500 "Q" Avenue IN WITNESS WHEREOF, this J pac. is executed by the City of National City, pursuant to resolution authorizing the Mayor to execute the same for an on, behalf of said City, and Copper Hills Apartments Limited Partnership has caused this instrument to be executed by its proper representatives thereunto duly authorized. iJii CITY OF NATIONAL CITY COPPER RH i S APARTMENTS LIMITED PARTNERSHIP By: By: George H. Waters, Mayor APPROVED AS TO FORM: By: George H. Eiser, III City Attorney By: Print Date: 04/24/00 6 Ground Lease Agreement 1500 "Q" Avenue RESOLUTION NO. 2000-52 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC), APPROVING A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A 55 YEAR GROUND LEASE TO SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION/COPPER HILLS APARTMENTS LIMITED PARTNERSHIP WHEREAS, the CDC has sponsored the acquisition, rehabilitation, and management of a low-income housing development project on the 1400 and 1500 blocks of "Q" Avenue; and, WHEREAS, the developer has agreed to completely renovate an existing blighted, City - owned neighborhood park located in the 1500 block of "Q" Avenue, including the maintenance and management of the park, and will provide an up -front lease payment of $20,000; and, WHEREAS, the City would maintain control of development through it's zoning of the area, and maintain underlying fee interest ownership of the property. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves and recommends that the City Council of the City of National City approve the proposed 55 year ground lease with Copper Hills Apartments Limited Partnership PASSED and ADOPTED this 1st day of August 2000 e Georga.Wate rs Chairma n ATTE aul Des'oc ers, Secretary APPROVED AS TO FORM: George H. Eiser, III City -CDC Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 14 AGENDA ITEM NO. (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE (CASE FILE NO.: GP-2000-3, ZC-2000-3) PREPARED BYJon Cain - Associate Planner DEPARTMENT Planning EXPLANATION The City Council conducted a public hearing on this item on August 8, 2000 and approved the rezoning of two properties from CT-PD Tourist Commercial to RS-3-PD Single -Family Residential. The zoning of a third, 1.75-acre parcel was not changed. The proposed Ordinance and a separate Resolution that is part of a related Council agenda statement are necessary to follow up on the Council action. Environmental Review X N/A Exempt Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt proposed Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS I Listed Below } Resolution No. Ordinance Location Map A-200 (9/80) ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE CASE FILE NOS-. GP-2000-3, ZC-2000-3 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and, WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan; since the General Plan identifies home ownership as a priority and calls for the protection of existing neighborhoods from inappropriate non-residential development which might impact their stability or quality of life. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: From CT-PD to RM-3-PD for approximately 1.34 acres (58,370 square feet) of property located at the north end of Sheryl Lane, and for street right-of- way adjacent to that property, shown as Parcels 1 and 2 on the Location Map for Case File Nos. GP-2000-3 and ZC-2000-3, attached to the Council agenda statement for the August 8, 2000 hearing, on file in the Office of the City Clerk. Section 3. That a Notice of Exemption shall be filed indicating that the rezoning is exempt from the California Environmental Quality Act, since it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment. Ordinance No. Page 2 of 2 PASSED and ADOPTED this day of , 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1441 1449 1615 • /629 too SCALE: 1" = 200' NO TH 1650 1410 1456 Into 1606 0661 /42/ Parcel 2 4 ; 111600 tonal /543 no -re bow MAP RM 2®P® J Ott a- w 100.40 Parcel 3 Parcel 1 1510 1504 /5/6 too /5/2 CO 0 AMENDMENT AREA ^®® ZONE BOUNDARY NOTE: APPROVED FOR PARCELS 1 AND 2 ONLY Sheryl Lane ION MA GP-2000-3 ZC-2000-3 10111111 CITY PLANNING DRN. DATE: 4/7/2000 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 15, 2000 1 15 AGENDA ITEM NO. ITEM TITLE PRESENTATION ON A CIVIC CENTER LANDSCAPE IMPROVEMENT PLAN. PREPARED BY JIM RUIZ EXPLANATION. At the council meeting of February 15, 2000, the City Council entered into an agreement with Parterre Landscape Architecture to provide a Civic Center Landscape Improvement Plan. The goals of the project are to: (1) cure certain deficiencies on the site; (2) replace old plantings that are beyond their useful life; (3) tie the Civic Center site to the CDC improvement project now underway on Civic Center Drive, and; (4) address ADA compliance issues at the site. Since February 15th, the architect has met numerous times with city staff to discuss and analyze various improvements to the Civic Center area. Plans have been circulated and comments received from council members. The goal of this afternoons meeting is to present you a more detailed, conceptual plan than you have seen before and to receive your comments on that plan. If the plan is viewed favorably, Staff and the consultant would be asked to return at a future meeting with; (1) final concept plans; (2) cost estimates; and, (3) phasing proposals to spread construction over several years. Your action this afternoon does not commit us to any construction, only to further work with the consultant. DEPARTMENT PARKS & RECREATION Environmental Review Financial Statement This project is budgeted as a CIP under Project 4092. x N/A Account No. STAFF RECOMMENDATION Proceed with implementation of the conceptual plan. BOARD/COMMISSION RECOMMENDATION Approve conceptual plan. ATTACHMENTS (Listed Below Resolution No. Conceptual plan A-200 (Rev. 4J80) Item #16 8/15/00 memorandum Date: 07/24/00 To: CITY MANAGER From: MAYOR GEORGE H. WATERS RE: COUNCIL AGENDA ITEM FOR AUGUST 15, 2000 Please add the following item to the Council Agenda under "New Business"..... SUBJECT: MISS NATIONAL CITY PAGENT DIRECTOR