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HomeMy WebLinkAbout2004 02-17 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — FEBRUARY 17, 2004 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL 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. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 3, 2004 AND THE ADJOURNED MEETING OF FEBRUARY 10, 2004. PUBLIC ORAL COMMUNICATIONS (Three -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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 2/17/04 PAGE 2 PRESENTATION Employee of the Month Program — Gloria Olivares, Senior Office Assistant PROCLAMATIONS Proclaiming Thursday, January 29, 2004 as: "D Proclaiming Thursday, January 29, 2004 as: "M Proclaiming Saturday, February 7, 2004 as: "CA Proclaiming Saturday, February 14, 2004 as: CLUB OF SAN DIEGO COUNTY DAY" Proclaiming Saturday, February 14, 2004 as: ASSOCIATION DAY" PUBLIC HEARING AVID VALLADOLID DAY" ATEO CAMARILLO DAY" RL JACKSON DAY" "FILIPINO-AMERICAN WOMEN "SAN DIEGO BLACK NURSES 1. Continued Public Hearing — Amendments to the General Plan and to Title 18 (Zoning) of the Municipal Code for conversion of hotels and motels to residential use at higher densities than permitted for new construction, and tentative Subdivision Map and Conditional Use Permit for the conversion of the Red Lion Inn, at 801 National City Boulevard, to 170 residential condominiums and commercial space. (Applicant: Pacifica Companies) (Case File Nos. GP-2003- 2/A-2003-4/S-2003-5/CUP-2003-22) (Planning) 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 2/17/04 PAGE 3 CONSENT CALENDAR (Cont.) 2. Resolution No. 2004-20 Resolution of the City Council of the City of National City accepting the lowest responsive, responsible bid from Pierce Manufacturing, Inc., and authorizing the purchase of one triple combination pumper for the Fire Department. (Purchasing) **Refer to Item #3 3. Resolution No. 2004-21 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Ashford Capital Corporation for lease financing for the purchase of a triple combination pumper for the Fire Department. (Finance) **Refer to Item #2. 4. Resolution No. 2004-22 Resolution of the City Council of the City of National City accepting conveyance of real property, authorizing the recordation of a Grant Deed for a parcel of land for street purposes northerly of 3009 East 18th Street, and dedicating and naming the parcel of land fronting East 17th Street as East 17th Street. (Engineering) 5. Resolution No. 2004-23 Resolution of the City Council of the City of National City giving notice of intention to vacate a portion of 15th Street between "C" and "D" Avenues, and of a 162 foot long portion of the alley extending south of 15th Street. (Case File No.: SC-2003-3) (Planning) 6. Resolution No. 2004-24 Resolution of the City Council of the City of National City approving street closures to erect a falsework and construct Caltrans proposed bridge structural widening along Interstate 5 over 18th and 19th Streets in National City. (Public Works/Engineering) COUNCIL AGENDA 2/17/04 PAGE 4 CONSENT CALENDAR (Cont.) 7. Resolution No. 2004-25 Resolution of the City Council of the City of National City accepting the lowest responsive, responsible bid from Niton Corporation for the purchase of an XRF Lead Paint Analyzer. (Building & Safety) 8. Resolution No. 2004-26 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the City of San Diego to install, share, and maintain the South Bay Traffic Signal Interconnect. (Public Works/Engineering) 9. Resolution No. 2004-27 Resolution of the City Council of the City of National City approving salary ranges for newly established miscellaneous employee positions. (Human Resources) 10. Resolution No. 2004-28 Resolution of the City Council of the City of National City authorizing the Mayor to execute a Quitclaim Deed for the abandonment of the sewer easement located within Lot 12, in Block 10 of the City of National City. (Community Development Commission) 11. Resolution No. 2004-29 Resolution of the City Council of the City of National City authorizing the Mayor to execute a Quitclaim Deed for the abandonment of the sewer easement located within Lot 23, in Block 9 of the City of National City. (Community Development Commission) COUNCIL AGENDA 2/17/04 PAGE 5 CONSENT CALENDAR (Cont.) 12. Resolution No. 2004-30 Resolution of the City Council of the City of National City authorizing the Mayor to execute a Quitclaim Deed for the abandonment of the sewer easement located within Lot 23, in block 10 of the City of National City. (Community Development Commission) 13. WARRANT REGISTER NO. 31 (Finance) Ratification of Demands in the amount of $899,677.10. 14. WARRANT REGISTER NO. 32 (Finance) Ratification of Demands in the amount of $355,691.79. 15. Claim for Damages: Elizabeth Cadena (City Clerk) 16. Notice of Decision — Denial of a Conditional Use Permit for a restaurant on the east side of Wilson Avenue approximately 94 feet north of 22nd Street. (Applicant: Oscar Fonseca) (Case File No.: CUP-2003-14) (Planning) NON CONSENT RESOLUTION 17. Resolution No. 2004-31 Resolution of the City Council of the City of National City awarding a contract to Marcotte & Hearnes Builders, Inc. for the National City Fire Department, Station 34 Project Engineering Specification No. 1029. (Public Works/Engineering) COUNCIL AGENDA 2/17/04 PAGE 6 OLD BUSINESS 18. Discussion of City taxicab permits. (Council initiated) NEW BUSINESS 19. Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending 2001-02. (Finance) 20. Report on the Las Palms Golf Course. (City Attorney) 21. Discussion of "Term Limits" for the Mayor's office. (Council initiated) 22. Temporary Use Permit — Vecinos Unidos-Old Town Neighborhood Council and Building & Safety Department. (Building & Safety) 23. Temporary Use Permit — St. Anthony's Church -Festival. (Building & Safety) 24. Discussion of Council/Staff Retreat Concept. (City Manager) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — March 2, 2004 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ., City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM February 3, 2004 TO Parr r . -- a Acting City Manager FROM : Pa amary, Interim Director of Human Resources SUBJECT : EMPLOYEE OF THE MONTH PROGRAM 01) FEB -9: 08 CITY The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Library to be recognized for the month of February 2004 is Gloria Olivares, Senior Office Assistant (nomination attached). Ms. Olivares has been invited to attend the Council meeting of Tuesday, February 17, 2004, and be recognized for her achievements and service. Attachment (1) xc: Department Director Gloria Olivares Councilmember Natividad PZ:Im A:INOMINATION LETTER TO CM ® Recycled Paper I nominate Gloria Olivares for the Performance Recognition Award for the following reasons: Gloria Olivares is an important contributor to the success of the library. As secretary to the City Librarian and Library Board of Trustees, she provides invaluable support to all administrative functions. She conducts herself in a professional manner, providing a foundation of trust and respect. Gloria orders supplies, checks invoices and maintains accounts. Gloria provides key services to the residents of National City. As the principal telephone switchboard operator she provides bilingual library information to our residents. On a daily basis, Gloria communicates with library patrons, always promoting a positive image of the library and handling all situations with poise and tact. Gloria provides direct public service, assisting as needed at the library's circulation desk. Gloria is key to communicating with library staff, providing assistance and support to all departments. She prepares employee action forms, maintains employee records and provides orientations for new employees. Gloria has established positive relationships with superiors, peers and subordinates. She is held in high esteem by all that work with her. Gloria Olivares recently celebrated her 15th anniversary with the City of National City! Nominating Gloria for the City's Performance Recognition Award is a small way to thank her for her dedicated service to the residents of National City. Nominated by: Anne Campbell 1/15/04 —c firudamathTn WHEREAS, David Valladolid has served on the Board of Directors of the Chicano v; Federation of San Diego County for seventeen years, acting as Chair over the past year. Mr. Valladolid has a history of service to the community, as a Private in the U.S. Army and in volunteering tireless hours on several boards and committees; and WHEREAS, the Chicano Federation was established in 1968 by a dedicated group of civil rights advocates to establish a vision. Throughout the 1970's the Federation advocated for Latino recognition, challenging Latino stereotyping, defending neighborhoods and culture, and promoting voter registration and civic participation; and WHEREAS, the Chicano Federation's mission is to promote the self-sufficiency of San Diego County residents by building partnerships and providing education, economic development, advocacy, housing and social service programs. The Chicano Federation has been successful in important policy decisions, resulting in changes in local attitudes and policies; and WHEREAS, the Chicano Federation's Board of Directors is comprised of community leaders who have a long commitment to the welfare of the people of San Diego County. Mr. Valladolid, as a Board Member, has been influential in leading the organization and instituting change throughout the county. THEREFORE, as Mayor and City Council of the City of National City by virtue of authority vested in us, do hereby proclaim Thursday, January 29, 2004 as: DAVID VALLADOLID DAY We call upon the all citizens of National City to recognize the achievements and dedication Mr. Valladolid has contributed to the Chicano Federation of San Diego County and the community.. t' ilht�l 4:1,011,ilKo, FranLPd'rra Vice Mayor _ Fideles Ung Councilmember ick Inzunza Mayor Ron Morrison Councilmember Luis Natividad Councilmember s f .�T aftrnai -L4 j l � firiuIamatun WHEREAS, Mateo Camarillo has served on the Board of Directors of the Chicano Federation of San Diego County for seventeen years and has had experience working with the Hispanic community; and WHEREAS, the Chicano Federation was established in 1968 by a dedicated group of civil rights advocates to establish a vision. Throughout the 1970's the Federation advocated for Latino recognition, challenging Latino stereotyping, defending neighborhoods and culture, and promoting voter registration and civic participation; and WHEREAS, the Chicano Federation's mission is to promote the self-sufficiency of San Diego County residents by building partnerships and providing education, economic development, advocacy, housing and social service programs. The Chicano Federation has been successful in important policy decisions, resulting in changes in local attitudes and policies; and WHEREAS, the Chicano Federation's Board of Directors is comprised of community leaders who have a long commitment to the welfare of the people of San Diego County. Mr. Camarillo, as a Board Member, has been influential in leading the organization and instituting change throughout the county. THEREFORE, as Mayor and City Council of the City of National City by virtue of authority vested in us, do hereby proclaim Thursday, January 29, 2004 as: MATEO CAMARILLO DAY We call upon the all citizens of National City to recognize the achievements and dedication Mr. Camarillo has contributed to the Chicano Federation of San Diego County and the community. Frank Vice Mayor Fideles Ungab Councilmember Nick Inzunza Mayor 6?".-- n Morrison Councilmember Luis Naii vidad Councilmember l4 fxucXanxa#ioxt WHEREAS, Carl Jackson began his service to the National City Chamber of Commerce in 2000 as a Boardmember; and WHEREAS, Mr. Jackson has recently completed a successful term of office as President of the National City Chamber of Commerce. During his tenure, the Chamber moved into a new building, of which Mr. Jackson's input into planning and construction was highly valued; and WHEREAS, Mr. Jackson will continue to volunteer tireless hours to the Board of Directors as Immediate Past President in 2004. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Saturday, February 7, 2004 as: CARL JACKSON DAY We call upon all citizens of National City to recognize Mr. Jackson for his dedication and contributions to the businesses and citizens of the City of National City. Nick `Iza Mayor Frank Parra Vice Mayor 2 Ron Morrison Councilmember C/ Fideles Ungab Councilmember .J y ^ntig Xatiratal (tit r 1,ruc1amatiun WHEREAS, on January 13, 1949, thirteen individuals gathered together and formed the Filipino -American Women Club of San Diego County. The organization was able to present a positive image of the Filipinos and connected with other ethnic groups about the history, language, food, and music of the Philippines; and WHEREAS, early members, with limited resources, participated in international festivals such as the Fiesta del Pacifica and other functions such as the Citizens Interracial Conference held at the YMCA; and WHEREAS, the new focus of the organization has become the welfare of disadvantaged women and children, and donations have been made to several charities here and in the Philippines; and WHEREAS, the Filipino -American Women Club of San Diego County, in cooperation with the Business and Professional Women's Club, established a FILIPINIANA section in the San Diego downtown pubic library; and WHEREAS, the Filipino -American Women Club has also established the tradition of hosting an annual welcome to new citizens in a joint venture with the Daughters of the American Revolution and the Department of Immigration and Naturalization Services. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim February 14, 2004 as: Filipino -American Women Club of San Diego County Day As we celebrate the 55`h anniversary of the Filipino -American Women Club, I call upon all citizens of National City to recognize the difference they have made in our community and to strive for the same ideals. Nick Inzunza Mayor Ron Morrison Councilmember ('dtQA Fideles Ungab� Councilmember z✓ �� �.: ,z'3-� �� � � y�'--� '4,-' `'r; -c .�� "-;- `� -c ;ram -.! -�.• ``'C -c s�`--! `, frodamatirat WHEREAS, the San Diego Black Nurses Association is a nonprofit association of African American Licensed Vocational Nurses, Registered Nurses, and Nurse Practitioners in San Diego County; and WHEREAS, during the past twenty-seven years the San Diego Black Nurses Association has awarded more than $60,000 to African American nursing students; and WHEREAS, the San Diego Black Nurses Association's annual scholarship program serves to recruit African Americans who are interested in becoming a member, are interested in nursing, and who are interested in helping others. This year's theme is "Health Disparities, Prevention and Wellness in the 20 Century." THEREFORE, as Mayor and City Council of the City of National City by virtue of the authority vested in us, do hereby proclaim Saturday, February 14, 2004 as: SAN DIEGO BLACK NURSES ASSOCIATION DAY We call upon all citizens of National City to recognize the achievements and dedication the San Diego Black Nurses Association has contributed to the community of San Diego County. Nick `fnzukia Mayor Fran ' arra Vice Mayor Luis Natividad Councilmember (_ R tr Morrison Councilmember Fideles Ungab Councilmember City of National City, California COUNCIL AGENDA STATEMENT .etEETING DATE February 17, 2004 AGENDA ITEM NO. 1 TT c PUBLIC HEARING - AMENDMENTS TO THE G NERAL PLAN AND TO 'TITLE 18 (ZONING) OF THE\ AL DE FOR CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES t THAN PERMITTED FOR NEW CONSTRUCTION, AND TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF THE RED LION INN, AT 801 NATIONAL CITY BOULEVARD, TO 170 RESIDENTIAL CONDOMINIUMS AND COMMERCIAL SPACE (APPLICANT: PACIFICA COMPANIES) (CASE FILE NOS. PREPARED 33DEPARTMENT GP-2003-2/A-2003-4/S-2003-5/CUP-2003-22) EXT. Roger Post, 6-4310 Planning EXPLANATION The City Council continued the hearing on the proposed General Plan Amendment and the conversion of the Red Lion Inn from the meeting of January 20. The attached report summarizes testimony received and addresses Council concerns mentioned at the meeting regarding impacts from the project on City revenues, as well as conditions on the Red Lion conversion. New staff conditions are also included. The report prepared for the meeting of January 20 is also attached. Financial Statement ApprovedBy: Attached information shows that conversion of the Red Lion will result in a loss of TOT revea to the City, which may be somewhat offset by increases in other tax revenues. Account No. STAFF RECOMMENDATION Staff does not concur with the recommendation of the Planning Commission and recommends that the applications be approved. BOARD I COMMISSION ECO E ATI The Planning Commission recommended the applications be denied. Vote: Ayes -Graham, Reynolds, Flores, Saludares; Nays- Baca, Alvarado, Carrillo; Abstain -Martinelli, Pruitt. ATTAC E S (Listed o 2. Adaitional conditions and tinding 3. Letter from Pacifica Companies on Fiscal Impacts from the Red Lion Conversion 4.New Department information, comments 5. Council a enda statement for the meetin of Janu 20 2004 and all noted attachments except plans A-200 (Rev. 7/03) 1. Background Report Resolution No. Background Report The Council continued the public hearing and requested that data be provided regarding the loss of TOT revenue and reasonably expected increases in other tax revenues. The attached letter from the applicant indicates loss of TOT revenue to the City as a direct result of converting the Red Lion. It also estimates increases in TOT revenue due to greater hotel occupancy at the Holiday Inn, and an increase in sales tax, attributed to commercial space on the ground floor of the converted Red Lion and spending by new residents. A small increase in other general fund revenue is also anticipated. The letter also describes a substantial increase in property tax revenue, which will benefit the Redevelopment Agency. The numbers contained in the applicant's letter are compared in the following table, with TOT revenue data for 2003 corrected per Finance Department input. The gain in TOT revenue from increased occupancy and room rates at the Holiday Inn may be overestimated. The City does not have data readily available to provide a detailed estimate for the potential annual increase in TOT for the Holiday Inn. However, the Finance Department has prepared the attached table which shows changes in TOT based on April 2003 data and relying on assumptions made by the applicant. It indicates a potential increase in 36 % for TOT generated at the Holiday Inn and a net decrease of 21 % in TOT for the combined TOT revenue from the Red Lion and Holiday Inn. This is based on 42 % of stays exempt from TOT (i.e., military personnel), although a higher percentage may apply. Also, the overall loss of TOT could be higher for months where there are typically fewer vacant hotel rooms to absorb the lost rooms at the Red Lion. Revenue Source Loss Gain Net Gain or Loss TOT $114,211 (2003 revenue) to $111,000 to $27,897 loss to $139,897 (2002 revenue) $131,000 $16,789 gain Sales Tax - $63,000 to $63,000 to $68,000 $68,000 Other General Fund Sources $11,000 $11,000 Total of above City Revenues: $114,211 to 139,897 $185,000 to $45,103 to $95,789 $210,000 Property Tax Increase (mainly to Redevelopment Agency): $219,000 $219,000 In addition, a one-time payment of $171,740 in school district fees is anticipated. As mentioned in the attached memo from the City Attorney, property tax increment revenues cannot be used for general City services but are limited to redevelopment purposes. The City is currently undertaking a study on development impact fees for City services. The attached Building Department memorandum recommends an additional condition (attached as new condition no. 30) to require payment of the fees, if adopted. At The Fire Department has identified a concern that will require that part of the alley be maintained to allow for through movement of fire protection vehicles through the parking area behind the converted hotel. The applicant proposed closure of the existing driveway to increase recreational area. The project architect is working on a solution to the access requirement. This will not necessarily require that the alley be maintained for public use. Vacation of the alley is encouraged by condition no. 4 and would require a separate public hearing. A new condition (no. 31) should be added to clarify that the fire access requirement will be satisfied. Council members also requested clarification of conditions provided with the January 20 report, or new conditions. These are addressed below. • Developer responsibility for sidewalk and landscape improvements, consistent with adopted plans for National City Boulevard: This is addressed in condition no.'27 (in the January 20 report), which was worded to the satisfaction of CDC staff. CDC agrees that the condition should be clarified by adding a sentence to clarify that the subdivider shall install and pay for the improvements. The revised condition is listed in the attachment with new conditions. • Separation of the area in the parking structure to be reserved for condominium residents from the spaces to remain available for ground level commercial uses: A new condition (no. 32) may be required to address this. • Restriction on condominium rentals: The attached memorandum from the City Attorney provides information on this subject. A new condition (no. 33) may be required along with a new finding to support the action. Public testimony at the January 20 hearing included support from the National City Downtown Business Coalition for the Red Lion conversion, as well as a request from the Chamber of Commerce that the alley behind the hotel remain open. New Conditions 27 (Revised by adding the last sentence). Sidewalk improvements shall be compatible with public improvements under design for the area from 7th Street to 12th Street, along National City Boulevard, as determined by the CDC. The subdivider shall install and pay for these improvements, including landscaping in the sidewalk area. 30. The City is in the process of adopting impact fees. Should the City adopt these fees prior to the issuance of a certificate of occupancy, the applicant will be responsible for the fees. These fees include parks and recreation, wastewater collection, street improvements, fire, police and library. 31 The applicant shall revise plans to satisfy requirements of the Fire Department for through access through the parking area behind the proposed condominium structure. This may require use of part of the alley adjacent to the property. 32. A gate shall restrict entry to the portion of the parking structure to be maintained for exclusive use of residents of the condominiums 33. The subdivider shall enter into an agreement, approved by the City Attorney, to ensure that at least 85% of the residential condominium units are owner -occupied and that any rentals shall be for no less than a 6-month period. New Finding Add the following finding for approval of the Conditional Use Permit: The proposed use will not have an adverse effect upon adjacent or abutting properties, since a condition will require that at least 85 % of residential condominium units are owner -occupied, and that any rentals shall be available for no less than a 6-month period. This condition will address potential concerns for blighting conditions that may be exacerbated by lack of owner -occupancy, real estate speculation and lack of a stable residential population in the area. I 2 FEB 200412:503 companies January 29, 2004 Steve Ray, Principal Planner National City Planning Department 1243 National City Boulevard National City, CA 91950 RE: Red Lion Inn Residential Condominium Conversion: Fiscal Impacts Dear Mr. Ray: At their regular meeting on January 20, the National City Council continued the Red Lion project to February 17 in order for staff to evaluate the fiscal impacts of the project. We would like to offer the following information for you to consider when preparing your analysis. In addition to the much discussed impact upon transit occupancy taxes, there are several additional factors that the city may wish to consider. Transit Occupancy Taxes irect Impact This seems to be the first area of concern. The City's own figures show that transit occupancy taxes (TOT) generated from the Red Lion declined from $139,897 in 2002 to $109,365 in 2003. By removing the 170 Red Lion rooms from the lodging inventory, the adjacent Holiday Inn should be able to capture an additional 10 to 12 points of occupancy and the average room rate should improve by $13-$15. This would equate to an additional $111,000 to $131,000 of TOT generated annually by the Holiday Inn. Net impact:. No decrease in transit occupancy taxes. Induced Impact By taking these poorly performing hotel rooms out of the local lodging market, new hotels currently proposed for development in National City are much more likely to proceed. 1785 Hancock Street, Suite 100 > San Diego, CA 92110 phone (619) 296-9000 <. fax (619) 296-9090, (619) 296-9176 Property Tax Increment While it has been stated that property tax increment cannot be used directly to pay for city services such as police and fire, this severely understates the potentially even greater benefits received from the additional tax increMent. First, the property tax increment can be utilized for any number of capital improvements, equipment and services that the city budgets for and expends on a regular basis. Also, prudent municipal agencies attribute portions ot their administrative budget functions, including management, finance, planning, and public works toward redevelopment functions for receiving subsequent redevelopment funding. So there are many ways for redevelopment tax increment to compensate general and capital budgets. Even more exciting, redevelopment tax increment has the ability to leverage development activities that will generate additional general fund revenues to a much greater degree than the ordinary expenditure of general fund revenues. (i.e. "Mile of Cars"). The increase in total property taxes paid will be significant. Currently, the Red Lion Inn pays approximately $81,000 annually in property taxes, which are subject to a maximum of 2% annual increase. Converted to residential units, the property will generate over $300,000 annually, (based upon average residential unit sales of $160,000 + commercial) in total annual property taxes, which will increase by approximately 10-12% annually (2% + re -sales at higher sales prices). Direct Sales Tax The retail component of the project will be designated for intense and high value retail sales tax producing business such as Stabucks. We estimate that the commercial portion of the project will generate approximately $25,000 to $30,000 annually to the City. Induced Sales Tax Revenue There will also be induced sales tax generated from the new residents, who will make most of their discretionary purchases in the City of National City. Finally, there will be positive indirect fiscal impacts resulting from the project and its new residents. National City receives an significant amount of its budget revenues from sales tax. If the city receives approximately $150 per capita in annual sale tax revenue, this would translate to approximately $38,250 in annual revenue to the city from this project. Other General I+u i,d Revenue The City of National City also derives general fund revenue from franchise fees, utility taxes and motor vehicle in lieu taxes. This could be as much as an additional $11,000 annually that would go into the general fund. Additionally, there has been some question about the non -city impact upon school revenues. Though this project is not planned for families with children, and few if any children are expected to live here, the project will none -the -less provide a windfall of fee revenues for the school districts. School Impact Fees 1. Elementary School District Commercial fees @ $.14/sq.ft. $ 11,616 Residential fees @ $.85/sq.ft. 70,527 Additional fees 2. High School District Commercial fees @ $.18/sq.ft. Residential fees @ $1.54/sq.ft. Additional fees Total additional school fees that may apply: $ 58,911 $ 14,935 127,774 $ 112,839 $ 171,740 Pacifica Companies appreciates your consideration of this project and we look forward to continuing to work with you on this and other important developments. Sincerel Dan Fissori, Director of Planning CITY OF NATIONAL CITY Finance Department Monthly Transient Occupancy Tax (TOT) Fiscal Years Ending June 2002 and June 2003 RED LION INN Month 2001-02 2002-03 $ variance %variance Jul 20,255 17,238 (3,017) -18% Aug 19,529 12,586 (6,943) -55% Sep 13,829 11,206 (2,623) -23% Oct 5,927 9,678 3,751 39% Nov 10,987 10,658 (329) -3% Dec 7,770 9,571 1,801 19% Jan 17,505 12,465 (5,040) -40% Feb 7,690 ,3,254 (4,436) -136% Mar 4,473 4,003 (470) -12% Apr 6,579 5,883 (696) -12% May 11,891 8,380 (3,511) -42% Jun 13,464 9,289 (4,175) -45% $139,899 $114,211 -$25,688 -22% $20,000 $18,000 $16,000 $14,000 $12,000 $10,000 - $8,000 $6,000 $4,000 - $2,000 - $0 Red Lion Inn Monthly Transient Occupancy Tax Fiscal Years Ending 2002 & 2003 C CS) CL U > 0 u_ Q < U) O z 0 2002 2003 Prepared by: Alison Hunter, Financial Svcs. Officer, 2/8/2004 Data Source: Monthly Unaudited TOT Return prepared by client. CITY OF NATIONAL CITY Finance Department Monthly Transient Occupancy Tax (TOT) Fiscal Years Ending June 2002 and June 2003 HOLIDAY INN Month 2001-02 2002-03 $ variance %variance Jul 26,931 28,967 2;036 7% Aug 20,506 29,990 9,484 32% Sep 16,467 15,966 (501) -3% Oct 11,429 5,561 (5,868) -106% Nov 13,381 16,941 3,560 21% Dec 5,343 14,756 9,413 64% Jan 18,452 20,627 2,175 11% Feb 19,505 14,259 (5,246) -37% Mar 22,911 17,466 (5,445) -31% Apr 20,492 19,849 (643) -3% May 26,310 16,384 (9,926) -61% Jun 24,307 13,402 (10,905) $226,034 $214,168 -$11,866 -6% $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 - $0 Holiday Inn -? Monthly Transient Occupancy Tax Fiscal Years Ending June 2002 & 2003 Q > U Q V) O Z ❑ 2002 2003 Prepared by: Alison Hunter, Financial Svcs. Officer, 2/8/2004 Data Source: Monthly Unaudited TOT Return prepared by client e„ CITY OF NATIONAL CITY Department of Finance RED LION INN CONDO CONVERSION Estimated Impact on Transient Occupancy Revenue Based on one Month of April 2003 Red Lion Holiday Inn Total City Tax Revenue: April 2003 Rooms Rented 4,374 4,035 8,409 x Aver Room Rate $43.56 $64.74 $54.15 = Gross Rents $ 190,531 $ 261,226 451,757 Less: Exemptions (83,504) (114,487) (197,991) Net subject to tax* 107,028 146,739 253,766 TAX 10% 10,703 14,674 25,377 Impact on Tax with 10%I$13 Increase Rooms Rented 0 4,439 4,439 x Aver Room Rate $0.00 $77.74 $77.74 = Gross Rents 0 345,049 345,049 Less Exemptions 0 (145527) (145,527) Net subject to tax 0 199,522 199,522 TOT 10% 0 19,952 19,952 Volume$ Variance ($10,703) $5,278 ($5,424) Percent% Variance -100% 36% -21% *Error rate 1.35% **exemption rate prorated 42% and 58% respectively based on TOT tax return. Prepared by: Alison Hunter, Financial Svcs. Officer, 2/8/2004 a CITY OF NATIONAL CITY Department of Finance RED LION INN CONDO CONVERSION Estimated Impact on Transient Occupancy Revenue Based on one Month of April 2003 Red Lion Holiday Inn Total City Tax Revenue: April 2003 Rooms Rented 4,374 4,035 8,409 x Aver Room Rate $43.56 $64.74 $54.15 = Gross Rents . $ 190,531 $ 261,226 451,757 Less: Exemptions (83,504) (114,487) (197,991) Net subject to tax* 107,028 146,739 253,766 TAX 10% 10,703 14,674 25,377 Impact on Tax with 10%/$13 Increase Rooms Rented 0 4,439 4,439 x Aver Room Rate $0.00 $77.74 $77.74 = Gross Rents 0 345,049 345,049 Less Exemptions 0 - 0,994522) (199,522) Net subject to tax 0 145,527 145,527 TOT 10% 0 14,553 14,553 Volume$ Variance ($10,703) ($121) ($10,824) Percent% Variance -100% -1% -43% "Error rate 1.35% **exemption rate prorated 42% and 58% respectively based on TOT tax return. Prepared by: Alison Hunter, Financial Svcs. Officer, 2/8/2004 TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Principal Planner DATE: February 11, 2004 FROM: City Attorney SUBJECT: Response to Your Inquiries In connection with the CUP application for the conversion of the Red Lion Inn to condominiums, you have requested an opinion on two issues, namely, the permissibility of imposing a condition of approval to limit or prohibit the leasing of condominium units, and the possibility of using tax increment revenue received by the CDC to offset some of the impacts of the development. Prohibition or Limitation. of Leasing of Units. Historically, such a restriction has been considered an unlawful restraint on alienation which is prohibited by Section 711 of the California Civil Code. However, courts have more recently approved such restrictions where the public purpose served by the restriction outweighs the public policy served by prohibiting restraints on alienation. For example, in City of Oceanside v. McKenna, (1989) 264 Cal.Rpt. 275, a case involving a publicly -subsidized condominium project, the court approved a provision in the CC&R's that prohibited the leasing of units. The court found the restriction to be "clearly and directly related to the stated purpose of maintaining a stabilized community of low and moderate income residents and discouraging speculation by real estate developers." The Red Lion is located within the project area for the National City Redevelopment Plan. One of the principal functions of redevelopment activity is to eliminate blight. Accordingly, it would appear that conditions of approval limiting the project to no more than a specified percentage of leased units (e.g. 85%), and prohibiting leasing for less than a specified time to prevent a transient population (e.g. six months), would be considered reasonable. Such conditions would maintain a stabilized community, discourage speculation, and assist in the elimination of blight. I am available to assist you in the drafting of such conditions. Use of Tax Increment Revenues. There are a number of limitations upon the use of tax increment revenues. First of all, Article XIIIB of the California Constitution requires government entities to adopt spending limits; tax increment revenues are exempt from these spending limits, only if the following requirements are met: 1. The funds must be used for redevelopment purposes. 2. The expenditures must primarily benefit the project area. 3. The funds cannot be used to pay for employee or contractual services of any local governmental agency unless the services are directly related to specified redevelopment purposes. Additionally, tax increments cannot be used to pay for the normal maintenance or operations of buildings, facilities, structures, or other improvements that are publicly owned, nor can they be used to pay for the construction of city halls or county administration buildings. Finally, before tax increments can be used for off -site work of a kind normally provided by a private developer, the legislative body must make a finding that this public assistance is necessary to achieve the redevelopment of the area. 011, GEORGE H. EISER, III City Attorney GHE/gmo cc: Assistant City Manager City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4301 (619) 336-4210 Fax: (619) 336-4217 February 9, 2004 TO: Roger Post Planning Director FROM: Kathleen Trees Building & Safety Director SUBJECT: Impact Fees for Red Lion Condo Conversion Please add the following condition to CUP-2003-22 for the Red Lion Condo Conversion Project. The City is in the process of implementing impact fees. Should the City adopt these fees prior to the issuance of a certificate of occupancy, the applicant will be responsible for the fees. These fees include parks and recreation, wastewater collection, street improvements, fire, police and library. 60 Recycled Paper Steve Ray From: Donald Condon Sent: Tuesday, February 10, 2004 7:25 AM To: Steve Ray Subject: Red Lion Inn Steve, The proposed design of the east parking area created a fire lane exceeding 150 feet with no outlet or turnaround. I met with the architect on 2/9/04 and reviewed the proposed plans for the Red Lion Inn project and requested that there be an outlet created at the south end of the parking lot, they were able to accommodate this request by designing an outlet into the existing alley. If you need further information please contact me. Thank You Donald Condon Acting Fire Chief National City Fire Department (619) 336-4552 dcondon(c .ci.national-cityca.us NiEET1 City of National City, California COUNCIL AGENDA STATEMENT January 20, 2004 PUBLIC HEARING - AMENDMENTS TO DE FOR CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION, AND TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF THE RED LION INN, AT 801 NATIONAL CITY BOULEVARD, TO 170 RESIDENTIAL CONDOMINIUMS AND COMMERCIAL SPACE (APPLICANT: PACIFICA COMPANIES) (CASE FILE NOS. PREPARED BY DEPARTMENT GP-2003-2/A-2003-4/5-2003-5/CUP-2003-22) EXT. Roger Post,- 36-4310 Planning AGENDA ITEM NO. EXPLANATION The proposed General Plan Amendment, along with the Amendment requested for the 2-acre property at 5800 Boxer Road (addressed in a separate agenda item), is considered a single General Plan Amendment, the first of the four per year allowed by State law. Another Council agenda item is also affected by the proposed amendments to the General Plan and Code. This is the Notice of Decision regarding Planning Commission approval of the proposed conversion of the Ha'Penny Inn to seniors apartments. The Planning Commission held a public hearing on December 1 regarding the conversion of the Red Lion Inn and related General Plan and Code Amendments. The attached background report describes the proposal in detail. Environmental Review X N/A Exempt Financial Statement N/A STAFF IMECO I:I DA 'ION MIS Approval Approved Blso Acccwnt Finance Director Staff does not concur with the recommendation of the Planning Commission and recommends that the applications be approved. CIA i / COM91SS O ECO19f1MEI ITATIOK The Planning Commission recommended the applications be denied. Vote: Ayes -Graham, Reynolds, Flores, Saludares; Nays- Baca, Alvarado, Carrillo; Abstain -Martinelli, Pruitt. ATTCH urrListed Be, 1. Background Report 2. Draft G.P. & Code Amendments 3. Findings for Approval 4. Conditions of Approval .__w.__.. ....r. n-2D0 (Hev.7l03) 5. P.C. Resolution 6. Location Map 7. Apt, Hotel Standards 8. Site Photos 9. Prop sxempt on9 10. Dept.:Eexahcfi Agency Comments 11. Appliation & Supporting Reports 12. Plansbits A B C alle o tion Background Report 1. Existing General Plan and Code Provisions; Proposed Amendments The General Plan and Land Use Code provide for hotels and motels in Commercial Zones and also allow and encourage residential or mixed use in the CG, as well as the CL and CT Commercial Zones, with approval of a Conditional Use Permit. The conversion of hotels and motels to residential is currently allowed; however, development standards for the two uses are substantially different and limit the potential for such conversion. The standard for residential density is specified in the General Plan as well as the Land Use Code. This allows 1 dwelling unit per 1,900 square feet of lot area or 22.9 units per acre in the Commercial Zones, the same density that is permitted in the RM-1 Multi -Family Residential Zone. This is the highest density allowed by the General Plan except for areas designated RM-3 (for government or church -sponsored senior citizen housing; i.e., Morgan and Kimball Towers and Telacu housing). It is not generally high enough to allow conversion of hotel properties to residential units; there is no density standard for motel suites. Additional standards, contained in the Land Use Code, require more parking and open space for residential uses than for hotels and motels. The City recently amended the General Plan and Land Use Code to remove the prohibition on conversion of apartments to condominiums. The new process requires a Conditional Use Permit for a conversion and does not require that current development standards be met, including density. However, the new Code provisions encourage upgrading of the existing housing. The amendment did not address the potential conversion of commercial properties, such as hotels, to housing. The draft amendments to permit conversion of hotels are modeled after these recent changes. They involve a new policy statement in the General Plan text and Housing Element allowing for conversion of hotels and motels to housing at densities exceeding that allowed for new development. Code amendments would require a conditional use permit for the conversion, with the same findings and similar standards that are required for condominium conversions. Exceptions to residential development standards, such as parking or open space, could be considered through the Conditional Use Permit review process. Two properties have been identified for potential conversion and are dependent on the proposed amendments: the Red Lion Inn and the Ha'Penny Inn. These are somewhat distinct from typical hotels; the Red Lion is a landmark due to its height and has views from upper floors, and the Ha'Penny site is laid out with buildings facing courtyards, similar to an apartment complex. The Planning Commission approved that project with a condition that necessary General Plan and Code amendments be adopted. This action is described in a separate Council agenda statement. The concept of converting commercial uses to residential use is new to the City. The applicant has mentioned successful conversions of hotels as well as office buildings to residential use in major cities, including Philadelphia, Houston, Minneapolis, Los Angeles Winnepeg, San Francisco, and Chicago. Not all hotel/motel properties in the City may be suitable for residential use, particularly older, L-shaped motels where units front on common parking area and have few amenities. As mentioned, the amendments would require project and site -specific analysis for approval of a proposal for conversion. Further analysis of the proposed amendments is also provided in context of the Red Lion Inn proposal, addressed below. 2. Characteristics of the Red Lion Inn and its Proposed Conversion to Condominiums The applicant, Pacifica Companies, proposes to convert the Red Lion Inn into 170 condominium units, with commercial use on the ground floor. This 12-story hotel, at the southeast corner of 8th & National City Boulevard, is in the CG-PD (General Commercial - Planned Development) Zone. The condominium project would include the 222-space parking structure across 8`11 Street from the hotel and the street level space occupied by the Higher Education Center in that parking structure. When considering both the hotel and parking structure property, which total 1.28-acres, the proposed density equates to 132 units per acre; this is over five times the density allowed by the City's General Plan and Land Use Code. Density on the 0.66 acre, half -block site containing only the hotel would be 258 units per acre, over ten times that allowed for new housing in the CG Zone. The Red Lion Inn was built with CDC assistance in 1992. The CDC Board approved the concept of converting the Red Lion Inn to condominiums on March 4, 2003 with certain parameters, as stated in the attached letter, placed after the comments from the CDC Executive Director on the proposal. On site parking and open space on the hotel property is limited. A 36-space surface parking lot is located behind the hotel. A small open space area and spa is situated between the surface parking and hotel. The Red Lien Inn is in the City's downtown area, across 8th Street & National City Boulevard from the Holiday Inn, a ten -story hotel also built with CDC assistance and also in the CG-PD Zone. It is adjacent to businesses (Solomon West, Bank of America, et. al.) across the alley to the east, and the Education Village site across National City Boulevard to the west, as well as the Chamber of Commerce building across 9th Street to the south. These adjacent uses are also all in the CG-PD Zone. To the north of the hotel parking structure, across 7th Street, is an auto sales business, in the CM Zone. The area is served by public transportation. The 8th Street Trolley Station is less than a half mile to the west of the hotel. The CDC is currently preparing a specific plan for the City's downtown area. High density residential concepts are being considered for the area, as well as a new open space plaza at 9th Street, which would be closed in the block e'rt of National City Boulevard. The project proposes architectural enhancement including new balconies, changes to the roofline and walkway railings, and various other new architectural features. Changes to the surface parking behind the hotel are also planned. They involve more landscaping and recreational area, including a new swimming pool. Interior unit upgrades are also proposed. Common areas on the ground floor of the existing hotel would be converted to indoor recreation area for the condominiums, and to space for commercial use. The proposed improvements are explained in the attached document, Exhibit B prepared by Carrier Johnson. More information on project characteristics is also referenced below, in the project analysis. 3. Analysis Much of the analysis of the proposal involves comparing its characteristics with General Plan policies. Specific topics addressed include housing supply and quality, home- ownership, quality of housing, upgrading of commercial areas and existing property, and the enhancement of tax revenues to support public services. The General Plan and Code amendments have potential to increase the supply of housing, either for ownership or rental housing. The Red Lion Inn condominiums would provide additional homeownership opportunities, consistent with General Plan policy. Although condominiums in National City typically have a high rate of owner -occupancy, there are no guarantees on whether condominiums would be sold and maintained for owner -occupancy or purchased by investors and rented. The applicant has noted that lenders sometimes restrict financing from condominiums in complexes where there are too many rented units. Comments from CDC staff encourage the restrictions of rentals and suggest an Owner Participation Agreement be entered into with the CDC to ensure that at least 85% of condominium owners are residents. However, the City Attorney has advised that this would not be legally permissible without involvement of public funds in the project. No specific marketing approach or incentives for first time homebuyers have been described in the project applications or supplemental statements. Resale prices would not be restricted. The General Plan and Housing Element also call for high quality housing. It has been questioned whether the conversion of hotels and motels to residential use would result in substandard housing, as standards for new housing would likely not be met in such conversions. The Red Lion Inn conversion involves exceptions to several requirements, as discussed in detail below. The attached table compares the characteristics of the proposed Red Lion conversion with standards for apartments, condominiums and hotels. First listed is unit size. The Red Lion conversion involves primarily one -bedroom units of 472 to 499 square feet, smaller than the 650 square foot Code standard for new apartments. As shown on plans, two, two -bedroom units are also typically located on each floor; they are each 627 square feet, smaller than the Code requirement of 800 square feet for a new two -bedroom apartment. The applicant also plans to offer buyer options to combine units into 945 to 999 square foot, two -bedroom units; these would be larger than the 800 square foot Code standard for new two -bedroom apartment units. They would come close to meeting the Code standard of 1,000 square feet for new condominiums. The Red Lion proposal is also constrained with regard to available parking and proposes one space per unit, while the Code requires 2 spaces for new condominiums The limited parking is likely to be comparable to upcoming proposals for conversions of older apartments to condominiums. Plans show how and where parking will be provided. Some details need to be determined on the allocation of parking to units. The project proposes 200 parking spaces in the 222 space parking structure for the condominium residents. This is based on an allocation of one space per unit for 170 units, and an additional 30 spaces that would be available for purchase. The remainder of spaces in the parking structure would serve the ground level space now occupied by the Higher Education Center. The 36-space parking lot behind the hotel would be reserved for use by the future commercial businesses on the ground level of the condominium building. A condition of approval, recommended by CDC, would require a minimum of one parking space per condominium unit, consistent with the applicant's proposal. It would further require, however, the option to every buyer for purchase of an additional space. This would require use of the proposed option foil combination of existing suites into two -bedroom units. The applicant stated agreement with the condition for buyer options to purchase parking, as long as additional parking is available. This would be more flexible but may provide less incentive to combine units. Another recommended condition would restrict ground level parking to commercial space. There are 28 spaces in the first level of the parking structure that would serve the space used by the Higher Education Center on the same level. This leaves only 194 parking spaces for the condominiums, 6 less than the 200 mentioned above as proposed for them. The 36-space, surface parking lot behind the existing hotel is also constrained and does not provide the required 27 feet backup area for public parking facilities. Vacation of the adjacent alley is recommended to be pursued for the purpose of providing additional area to improve the situation. The parking layout in Exhibit B also should be revised to correct errors with regard to parking lot dimensions, as proposed, re -striped spaces should meet Code standards of 9 feet by 19 feet for standard stalls. This is also addressed in recommended conditions of approval. Another standard that is not met by the proposal is the City's standard for open space in new condominiums. However, the proposed !glans for the Red Lion conversion show enhancement and enlargement of the existing open space area at the hotel, with a new 12 foot by 40 foot swimming pool (mentioned above) and more than doubling of the outdoor recreational area by eliminating through traffic in 4he adjacent parking area. This closure is consistent with concepts under study by the CDC in planning for closure of 9th Street and development of an outdoor plaza. The plaza is part of CDC's specific plan concept for downtown, as mentioned above. This public space would, of course, supplement the outdoor area available to residents of the condominiums There is also potential for additional open space, if a vacation is pursued for the adjacent alley to the east. This option is shown on the attached thawing labeled Exhibit C. As mentioned, the proposed Code Amendments, modeled after the new Code provisions for condominium conversions, allow for exceptions to standards. This is also the process followed for conditional use permits for new, mixed use or residential development in commercial zones, except that density limits must be met for new development. Although existing buildings may not be able to meet standards required for new housing, conversions allow opportunities for enhancement of the existing property. The General Plan also calls for upgrading of existing areas and properties. The draft Code amendment would require consideration of architectural design and conformity of proposals with Design Guidelines. These encourage variation is wall and roof planes, avoidance of blank walls, and features that are compatible with surrounding development. The proposal for conversion of the Red Lion involves architectural enhancement that would add variation to the existing building and bring the improvements into conformance with Design Guidelines. The attached plans show several architectural enhancements to the building and parking structure, along with a new pedestrian bridge. The bridge would add to the aesthetic quality of the project and also provide for convenience and security for residents. It may be costly. CDC comments mention the need for the applicant to construct it without public funds. Plans also illustrate changes to the surface level parking area and driveway that allow for a proposed swimming pool and larger landscaped, open space area, mentioned above. Some of the changes proposed for the Red Lion are conceptual and require further engineering study, such as the balconies and planter areas. Recommended conditions for approval of the Red Lion conversion address conformance to submitted plans. Any changes not in conformance with plans would require approval of a modification. As mentioned, the Red Lion conversion also proposes interior improvements. Upgrades would include granite countertops and maple cabinets, and tile for entry and bathroom floors. Proposed improvements address issues covered in the property conditions assessment report provided by the applicant. The report is attached. It is required for proposed condominium conversions. The change from hotel use to residential could also be seen as an improvement with regard to adding activity in the downtown area, as the hotel is typically not fully occupied. A higher population in the area would help support local retailers and restaurants. The proposal has also been reviewed by public service agencies and City departments, and comments received are addressed in recommended conditions. No comments suggest any unusual impacts or changes on the abilities of any agencies to provide service. Sweetwater Union High School District and National School District provided no written comments. Staff contacted SUHSD staff who confirmed that school fees would be required, i.e., the difference in fees for new residential development and fees previously paid for hotel construction. There would be impacts on revenue to the City, as noted in attached statements from the applicant, as well as CDC comments. The Finance Department has also provided information on TOT revenues for the Red Lion; i.e., $139,897.80 for Fiscal Year 2002 and $109,365.54 for Fiscal Year 2003. The applicant expects that this revenue may be replaced by increased occupancy at the Holiday Inn. Additionally, he notes that property tax revenues would increase due to proposed improvements and condominium sales. No adverse effects on the physical environment are anticipated, and the project has been determined exempt from CEQA. This conclusion is further supported by a submitted traffic study prepared by Linscott Law and Greenspan, and considered acceptable by the Engineering Department. It shows negligible change in traffic patterns and no increase in overall traffic. The Planning Commission held a public hearing and recommended denial of the draft the amendments and the proposed conversion of the Red Lion Inn to condominiums. One City resident spoke in opposition to the proposed amendments and also cited concerns for condominium conversions in general. The Commission cited concerns for the quality of the housing, its high density, small unit sizes, variation from Code standards, and also the loss of TOT revenue affecting the City's ability to provide public services. They also referred to information suggesting less than optimal hotel performance but stated that it was not relevant. The Commission vote was split, four in favor of denial, three opposed, and two absent. Those speaking in favor of the project stated expectations that it would not likely attract families with many children, thus not demanding the all standards such as open space be met, and that the project would be beneficial for the City. One of the absent Commissioners, having left the meeting due to a potential conflict of interest, addressed the Commission as a member of the Downtown Business Association and spoke in support of the proposal, stating that homeownership is needed to improve the area. As mentioned, the Planning Commission approved the proposed conversion of the Ha'Penny Inn to seniors apartments, although that proposal also requires the proposed General Plan and Code amendments that they recommended be denied. The Commission acted on the Ha'Penny on January 5, and had considered the amendments and Red Lion Inn conversion on December 1. Action may be taken on the General Plan and Code Amendments separately from the proposed Tentative Subdivision Map and CUP for the Red Lion conversion. The Planning Commission also had this option but did not pursue it. Proposed findings (attached) would support either separate or concurrent actions on the amendments and the condominium project. DRAFT GENERAL PLAN AMENDMENT Amend the Housing Element by adding Policy 4.9, and also General Plan Chapter IV (Housing) by adding Policy X-1, to read as follows: Consider, on a case -by -case -basis, the conversion of existing hotels and motels to residential use, allowing for higher density than permitted for new housing, in order to increase housing opportunities while maintaining or enhancing the character of adjacent neighborhoods and commercial areas. DRAFT CODE AMENDMENT 1. Clarify that Section 18.74.020, requirements for condominium conversions, would apply to the conversion of hotels or motels to condominiums, except for Subsection C. regarding notice to tenants for the right to purchase their units. 2. Add Chapter 18.77 as follows: 18.77 CONVERSIONS OF HOTELS AND MOTELS TO RESIDENTIAL USE 18.77.010 Conversions of hotels and motels generally. A hotel or motel may be converted to a residential use, if located in a commercial zone where the residential use is permitted, with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title and subject to the provisions of this chapter. 18.77.020 Number of dwelling units allowed. The maximum number of dwelling units which may be permitted shall be limited to the number of existing motel rooms or units; or the maximum permitted for residential use in the commercial zones, pursuant to Chapter 18.140, whichever is greater. 18.77.030 Compliance with zoning regulations. Exceptions. All other provisions of this title shall be complied with. Hotels and motels converted to residential use shall comply with residential design standards specified in Section 18.14.190 of this title; however, exceptions to the design standards may be granted with the issuance of a conditional use permit. 18.77.040 Design and aesthetics. In the approval of any plans for the conversion of a hotel or motel to residential use, the planning commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property, and determine that the proposal conforms with the City's adopted Design Guidelines, unless exceptions are warranted. 18.77.050 Additional conditions for conversion of hotels and motels to condominiums. The conversion of existing hotels or motels to condominiums, community projects, or stock cooperatives maybe permitted if the conditions specified in Section 19.74.020 are satisfied, excluding subsection C RECOMMENDED FINDINGS FOR APPROVAL OF THE AMENDMENTS TO THE GENERAL PLAN AND LAND USE CODE 1. The amendment to the General Plan, Housing Element and Land Use Code, which will provide procedures for conversion of hotels and motels to residential use at higher densities than permitted for new construction, 'is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for home -ownership at all income levels, and case by case review will permit the City to require necessary upgrading of the existing buildings. 2. The amendments will not affect the following findings made for certification of the Housing Element: a. The updated Housing Element substantially complies with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels. b. The City has met its fair share of the regional housing needs for the 1991-1999 Housing Element cycle, as determined by the San Diego Association of Governments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. c. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. d. No City actions or policies prevent the development of the identified sites pursuant to California Government Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Regional Association of Governments. No governmental constraints have been identified that would limit construction on the properties affordable to all household income levels. 3. The amendments will provide for the potential to revitalize commercial areas, encourage improvements to existing buildings and increase the level of assessed valuation in the City to further help ensure an adequate tax base to support public programs. RECOMMENDED FINDINGS TOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it's approval is conditional upon an amendment to the General Plan that will allow conversions of hotels and motels to resideltial use at higher densities than permitted for new construction. 2. The site is physically suitable for the proposed type of development, as shown on floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, and since parking spaces in the parking structure at the northeast corner of 8th Street and National City Boulevard will be available for condominium owners and occupants of the ground level space below the parking structure, and additional surface parking will be available for ground level commercial space below the condominiums at the southeast corner of 8th Street and National City Boulevard. 3. The site is physically suitable for the proposed density of development, as shown on floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, since parking will be provided in the parking structure and surface level parking lot. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is developed with hotel, parking and other commercial facilities. 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 no such easements are located on the site. 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the property is already developed with multi -level structures, and since floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, show adequate layouts for condominium units and common amenities, and since parking spaces in the parking structure at the northeast corner of 8th Street and National City Boulevard will be available for condominium owners and occupants of the ground level commercial space below the parking structure, and additional surface parking for visitors and patrons of commercial uses below the residential condominiums will be available at the southeast corner of 8th Street and National City Boulevard. 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 conversion of the hotel to residential condominiums and commercial space will not result in a substantial increase in traffic, as indicated in the Traffic and Parking Analysis report prepared for the project by Linscott Law & Greenspan, dated October 2, 2003, and the project will continue to use the existing access driveway to the parking structure from National City Boulevard, and access will be maintained from 8th Street to the surface parking lot for condominium visitors and patrons of the commercial area below them. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is already developed with multi -level structures which will contain proposed condominiums and commercial space and provide on -site parking, along with an existing surface parking lot and recreational area, and enhancements are proposed to existing facilities. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will result in architectural enhancement of existing structures and provide additional opportunities in the City for owner -occupied housing, encouraged by the General Plan. In addition, the proposed conversion to condominiums will result in a residential population that will support local businesses. This will assist in revitalization of the adjacent commercial area, consistent with General Plan policy. RECOMMENDED CONDITIONS OF APPROVAL 1. This Tentative Map and Conditional Use Permit authorizes conversion of the Red Lion Inn to a maximum of 170 residential condominium units and commercial space. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. S-2003-5, dated October 15, 2003, and Exhibit B Revised, Case File no. CUP-2003-22, dated October 15, 2003. 2. The Tentative Map and Conditional Use Permit for conversion of the Red Lion Inn, as described in condition no. 1, shall be effective only after amendment of the General Plan and Title 18 (Zoning) of the Municipal Code to allow conversions of hotels and motels to residential use at higher densities than permitted for new construction. 3. Proposed changes to the surface level parking area shall be modified to satisfy Land Use Code standards for parking space dimensions; i.e. 9 feet rather than 8 feet width. 4. Vacation of the alley adjacent to the hotel between 8th and 9th Streets shall be pursued to provide potential for additional parking and open space area. 5. A detailed landscape and underground irrigation plan, including plant types, methods 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. 6. A trash enclosure shall be provided in accordance with City standards. 7. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common areas, i.e., parking areas, buildings, accessways, recreational facilities and open spaces, 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. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority .to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 13. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 14. 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 wall 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. 15. The proposed pedestrian bridge shall meet all state and city design requirements. An encroachment agreement shall be approved by the City Council prior to the construction of the bridge. 16. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 17. The subdivider 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 final map approval. 18. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 19. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 23. A Home Owners' fee shall include contribution to the (future) Downtown Business Improvement/Maintenance District, as determined by the CDC. 24. A minimum of one parking space shall be allocated to each residential condominium unit for exclusive use of its occupants. The opportunity to purchase one additional space for each condominium unit shall also be provided to buyers. 25. Ground level parking spaces shall be reserved for users of the commercial space. 26. The pedestrian bridge shall be constructed as part of the project, without public funds. 27. Sidewalk improvements shall be compatible with public improvements under design for the area from 7th Street to 12th Street, along National City Boulevard, as determined by the CDC. 28. Before this Tentative Map/Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Tentative Map/Conditional Use Permit. 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 Tentative Map/Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 29. Approval of the Tentative Map/Conditional Use Permit 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 National City Municipal Code §17.04.070. RESOLUTION NO. 1-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF APPLICATIONS FOR AMENDMENTS TO THE GENERAL PLAN AND TO TITLE 18 (ZONING) OF THE MUNICIPAL CODE FOR CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION, AND DENIAL OF TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT APPLICATIONS FOR THE CONVERSION OF THE RED LION INN, AT 801 NATIONAL CITY BOULEVARD, TO 170 RESIDENTIAL CONDOMINIUMS AND COMMERCIAL SPACE APPLICANT: PACIFICA COMPANIES CASE FILE NOS. GP-2003-2, A-2003-4, S-2003-5, CUP-2003-22 WHEREAS, the Planning Commission of the City of National City, California considered amendments to the General Plan and to Title 18 (Zoning) of the Municipal Code for conversion of hotels and motels to residential use at higher densities than permitted for new construction, and Tentative Subdivision Map and Conditional Use Permit applications for the conversion of the Red Lion Inn, at 801 National City Boulevard, to 170 residential condominiums and commercial space; and WHEREAS, at said public hearing the Planning Commission considered the staff reports contained in Case File Nos. GP-2003-2, A-2003-4, S-2003-5 and CUP-2003-22 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to. be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 1, 2003, fail to support findings necessary for amendments to the General Plan and Land Use Code, as well as a finding required for approval of any tentative map that the map is consistent with the General Plan, and findings required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 1, 2003, support the following findings: Regarding applications for amendments t-- the General Plan and to Title 18 (Zoning) of the Municipal Code: 1. That the requested amendments to the General Plan and Land Use Code are not in the public interest and are inconsistent with General Plan and Housing Element objectives to produce and maintain high quality housing; and 2. That conversion of hotels and motels to residential use at higher densities than permitted for new construction would result in a loss of TOT revenue to the City and negatively affect the City's ability to provide public services; and Regarding the proposed tentative subdivision map: 3. That the proposed tentative subdivision map is not consistent with the National City General Plan, since it requires said requested amendments to the General Plan that would allow conversion of hotels and motels to residential use at higher densities than permitted for new construction, as the General Plan permits a maximum density of 22.9 units in the CG designated area that includes the subdivision site, and the proposed map involves a density of 132 units per acre on a 1.28-acre site that includes an existing hotel as well as the parking structure across 8th Street from the hotel; and Regarding the conditional use permit application: 4. That the proposed use will have an adverse effect on adjacent or abutting properties, resulting in greater demand for on -street parking in an older area where existing uses depend on available on -street parking, since 200 spaces proposed to be available for the 170 residential condominiums will not be sufficient, as the Land Use Code requires two parking spaces plus additional guest parking for each new condominium, and the remaining 24 spaces in the parking structure will be insufficient for future commercial use of the ground level commercial space in that structure; and 5. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the proposed condominiums will not satisfy Code standards, including unit size, parking, and open space, for new multi -family residential construction. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends denial of applications for amendments to the General Plan and to Title 18 (Zoning) of the Municipal Code (case file nos. GP-2003-2 and A-2003-4) for conversion of hotels and motels to residential use at higher densities than permitted for new construction, and denial of Tentative Subdivision Map and Conditional Use Permit applications (case file nos. S-2003-5 and CUP-2003-22) for the conversion of the Red Lion Inn, at 801 National City Boulevard, to 170 residential condominiums and commercial space. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final upon adoption by the Planning Commission. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 5, 2004, by the following vote: AYES: GRAHAM, REYNOLDS, FLORES, SALUDARES NAYS: BACA, ALVARADO, CARRILLO ABSENT: MARTINELLI ABSTAIN: PRUITT �® e LR 100 Fe PROJECT LOCATION TO xN MAP 924 g26 g2a g36 go ZONE BOUNDARY S-2003-5/C U P-2003-22 Tentative Subdivision Map and Conditional Use Permit for conversion of the Red Lion Inn to 170 residential condominium units and commercial space TIONAL CITY PLAN T ING DRN. DATE: 11 /24/03 INITIAL HEARING: 12/1/03 COMPARISON OF CODE STANDARDS FOR NEW APARTMENT, CONDOMINIUMS AND HOTELS WITH THE RED LION PROPOSAL A Apartments Condominiums Hotels Rea Lion Unit Size (minimum square feet) Studio unit: 500 One -bedroom: 650 Two -bedroom: 800 Three -bedroom: 1,000 Additional bedroom: 150 1,000 300 One - bedroom: 499 to627 Two -bedroom: 945 to 999 Density 1 unit/1,900 square feet; 22.9 units per acre Same as apartments N/A 132 units per acre (including parking structure) Parking Studio or one -bedroom unit: 1.3 spaces Two or more -bedroom unit: 1.5 spaces Guest parking-1/2 space per unit for first 20 units, then'/o space per unit (half can be on -street) 2 spaces per unit, plus guest parking 1 space per room, plus 1 per 10 rooms for up to 50 rooms, and 1 per 20 units for additional rooms 1 space per room proposed, with option for some additional spaces Open Space 9 units or more (square feet): One —bedroom: 400 Two -bedroom: 600 • Three -bedroom: 800 At least 1/3 of required area must be private; and 1/3 common open space. Same as apartments Swimming pool required Swimming pool (12 feet by 40 feet) within approx. 3,575 square foot (55 feet by 65 feet) common open space area; plus 1, 840 square foot health club/party room, common rest rooms. Height No specific height limit for buildings with 9 units or more, but Floor Area Ratio of 1. Same as apartments No limit 12 stories Looking southeast across National City lvd. Looking northwest from the Bank of At mica paakil g lot Looking north on National City Boulevard. Looking south on National City Boulevard City f Nara nal City Planning Department 1243 rational City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. GP-2003-2, A-2003-4, S-2003-5, CUP-2003-22 ProjectLocation: Potential Citywide application of General Plan policy change and new Code procedures; and proposal for Red Lion Inn, 801 National City Boulevard, National City, Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendments to the General Plan and to Title 18 (Zoning) of the Municipal Code for conversion of hotels and motels to residential use at higher densities than permitted for new construction, and Tentative Subdivision Map and Conditional Use Permit for the conversion of the Red Lion Inn, at 801 'National City Boulevard, to 170 residential condominiums and comniercial space Applicant Name and Address: Dan Fissori Pacifica Companies 1785 Hancock Street, #100 San Diego, CA 92110 I I I I II Telephone Number: (6191296-9000 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class Section (Definition) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons whg project is except" t: The General Plan and Code Amendments would allow for long-term, residential occupancy and ownership of individual units, in lieu of short-term, visitor or tourist occupancy of existing hotel suites, rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case by case basis, for specific projects. Physical changes would be associated with upgrading existing properties to facilitate the conversions. In most cases., it is anticipated that such changes would also be exempt from environmental review, as they would result in no or negligible expansion of use. This is the case for the proposed conversion for the Red Lion Inn. The project may also be considered as covered by the Class 1 Categorical Exemption (Section 15301. Existing Facilities), as the difference in use from visitor occupancy to long-term, residential occupancy, will be negligible with regard to effects on the physical environment. A traffic analysis submitted by Linscott law & Greenspan for the Red Lion conversion shows no significant change in traffic will result from the proposal. City of National City I NNING 'nPARTMFINII Department of Public Works 1243 National City Blvd., National City, CA 91950 S P 16 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR A TENTATIVE SUBDIVISION MAP AT THE WESTSIDE OF 8TH STREET AND NATIONAL CITY BOULEVARD (RED LION INN) Date: September 12, 2003 To: Steve Ray, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Acting Director of Public Works/City Engineer Subject: TENTATIVE SUB l IVISION MAP AT THE WESTSIDE OF 8TH STREET AND NATIONAL CITY BOULEVARD (RED LION INN) 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 2. 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 wall 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. The proposed pedestrian bridge shall meet all state and city design requirements. Au encroachment agreement shall be approved by the City Council prior to the construction of the bridge. Planning Department September 12, 2003 Page 2 4. The traffic study conducted by Linscott Law & Greenspan Engineers dated August 19, 2003, concludes that the Red Lion Inn generates 1530 trips per day and the condominiums will generate 1360 trips per day. Therefore, there are no significant traffic impacts to the area. The Engineering Department concurs with the conclusion. TENTATIVE MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. The subdivider 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. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. A,:jh2 red MEMORANDUM Community Development Commission National city Date: September 5, 2003 To: Roger Post, Planning Director Via: Steve Ray, Principal Planner From: Paul Desrochers, Executive Director Subject: Red Lion Inn Conversion to Residential Condominiums Thank you for the opportunity to review the proposed conversion plan for the Red Lion. My review follows and is divided into various issues: WNERSIIIP: ❑ In general, the change of use should have a positive impact on the downtown area. This premise is based on the condition that all (or at least 85%) residents are owners and not limited investment —owners who rent the property to others. A provision in the deed through an Owner Participation Agreement with the CDC is appropriate to insure that this is the case. ❑ The Home Owner's fee should include contribution to the (future) Downtown Business Improvement/Maintenance District. PARKING: ❑ An existing covenant requires that 130 spaces in the parking garage belong to the Red Lion. That provision may need to be increased. Residents should have at least one space and the opportunity to buy a second space. There should also be provisions for guests, for example, one space for every four units. ❑ The ground level parking space should be reserved for customers of the commercial space. ❑ This development should not depend on "additional street parking" as stated in the project description. ❑ The Pedestrian Bridge is an important element and must be part of the total development as conceptually designed without public funds. FINANCES: o At $350 per sq ft (w/o the cost of parking) the development is able to contribute to the sidewalk improvements scheduled for construction concurrent with the Education. Village. ❑ If the price is to attract "affordable" households, then a down payment assistance program should be implemented. The CDC would be willing to discuss such a program. a The financial impact does not realistically look at the "loss" to city revenues; for example, $150,000 in additional sales tax equates to $15,000,000 in sales, which doesn't seem likely in the space available. ARCHITECTURE/ SITE IMPROVEMENTS ❑ The flower boxes are a welcome addition to both the parking structure and the residential building; the concern is drainage. Can a drainage system be built-in to the vertical elements? Without proper drainage the facade will be difficult to maintain and the concrete will deteriorate. ❑ All sidewalk improvement's must be compatible with the public improvements under design for the area from 7th St. to 12th along National City Blvd. o The recreation area at the rear of the building is encouraged; these improvements should consider 9th St. Plaza being proposed under the Specific Area Plan. o Consideration, with Union Bank and the Specific Area Planners should be given to the vacation of the Alley. Would this benefit the development and add to the security of the neighborhood? o The Commercial Space on National City Blvd. needs to be able to accommodate sidewalk dining. Can the doors and windows be set back a few feet to allow outdoor seating or window counters provided (i.e. Waterfront Cafe)? ❑ The east facade balconies do not appear to be large enough, they should be able to contribute to the change in look of the structure and add to the livability of the units. o The steel mesh on the outside stairs may to be similar to the old Public Housing Projects types, need more detail. The use of the stairwell for vines is a good idea. o The vertical elements are a good touch; any thought to creating a prominent central element, particularly at the entry level? In summary, the conversion will be a benefit if the owners are occupants; if the renovations are consistent with the planned downtown improvements and quality upgrades are provided. The building was built poorly and renovations, interior and exterior, must be done that will add stability and quality to the structure. The initial planning of the Downtown Specific Area Plan is currently in progress and coordination with this work must be accomplished. A review of the details of architectural elements when they are available may respond to several of the architectural comments mentioned herein. The most appropriate manner to enforce the issues addressed herein is to enter into an Owner Participation Agreement with the CDC. Such an agreement is enforceable because it is part of the deed requirements. 03/13/2003 17:2? PA f CA CO. 4 5884597 03/13i2003 THU 16:18 FAX 61 336 4286 CDC OF NATIONAL CITY March 11. 2003 Ash Israni, President CEO Pacifica Companies 1785 Hancock Street, Ste. 100 San Diego CA 92110 RE: Conversion of Red Lion Inn to condominiums Dear Mr. Israni: NO.940 0003 R1002/003 As you are aware, the CDC Board reviewed our staff report regarding your offer to convert the current Red Lion Inn to individual condominiums at our March 411' meeting. The purpose of this letter is to reaffirm the below listed parameters as accepted by the board members. ® Architectural modifications of the exterior; with CDC review o Address East facade starimess o Modify railings and provide some articulation to west facade EA A portion of the ground floor used for retailofce entities ci Require Home Owners Association that will insure strict maintenance of the building, assure quiet enjoyment and discourage renting of units. Participate in the (proposed) formation of a Maintenance Assessment District or a Business Improvement District (BID) for the downtown area, o Participate in the planned upgrade of the streetscape along National City Blvd. o Keep all maintenance and discrimination cov:=nants but release hotel operation covenant upon compliance with City condominium approval process. 03/13/2003 17:27 PA ,CA CO. 4 5984597 83/1312003 TIIU 16:18 F.3LT • 336 4286 CDC OF NATIONAL; CITY NO.940 D004 Z003/003 a Agree to update and maintain Holiday Inn as a lodging facility. o Connect Garage to Condominiums and explore financial participation to construct bridge. c Upgrade the facade of the Parking structure. Your fiscal impact needs further study. While it is not appropriate for us to determine the write -down of the cost of the land for the hotels and parking structure, it is a fact that a large public subsidy was provided to the original developers. This being the case, we need to illustrate the new public revenue. flow for the entire complex as a result of the conversion, I look foreword to working you on this development as well as others! When completed the condominium conversion will be a major improvement for the downtown. Sincerely, Paul Desrochers Executive Director City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 September 22, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety Department w„odAu..„ SUBJECT: GP-2003-2, A-2002-4, S-2003-5, CUP-2003-22 Red Lion Inn Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. City of National City Fire Depart, 'ent 333 E. 16th St., National City, CA 9190-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 - Date: August 29, 2003 To: Planning Dept. From: Jeff Burriss, Deputy Fire Marshal Subject: Red Lion Inn Conversion Pf,i4) CWAL c Dgn „ • '1141- LI QUO Since the building has an alarm system and a sprinkler system and if they remain so, the fire department has no problem with the plans as submitted. Reconfiguration of those systems may be required at a later date. ,.„ SWEETWATER AUTHOR@TY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org September 10, 2003 Mr. Steve Ray, Principal Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES'JIM' DOUD. CHAIR W.D. "BUD' POCKLINGTON. VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Subject: WATER AVAILABILITY 701 & 801 NATIONAL CITY BOULEVARD, NATIONAL CITY A.P.N. 556-331-25-00 & 556-471-24-00 CASE NO.:: GP-2003-2, A-2003-4, S-2003-5, CUP-2003-22 SWA GEN FILE WATER AVAILABILITY, 2003 Dear Mr. Ray: This letter is in response .to a Tentative Parcel Map for the subject property, within Sweetwater Authority's (Authority) service area. There is a12-inch water main located on the east side of National City Boulevard, and an 8-inch main located on the north side of Eighth Street. The Authority's records indicate that 701 National City Boulevard has one 8- inch fire service, one 2-inch service, and one fire hydrant fronting the property. 801 National City Boulevard has two 2-inch services, one 6-inch fire hydrant and one 6-inch fire service fronting the property. Enclosed is a copy of 1/4 SEC. 154/155 map, which shows the ^xist n water facilities. The will not permitseparate water semi ecthis g Authority p m � c_„ for size of a project. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a ten -foot horizontal separation between sewer and water laterals, fr Public bhc Water t Agency ,; r-vl and ' : hY "GU Mr. Steve Ray Re: Water Availability — 701 and 801 National City Boulevard, National City September 10, 2003 Page 2 of 2 If the owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 93 p.s.i. to a minimum of 83 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 154/155 map Pc: Pacifica Companies 1785 Hancock Street, Suite 100 San Diego, CA 92110 liengr\Gp;n\Water Availability\ray redlion_.doc Every reasonable effort has been made to assure the accuracy of this map However, neither the SanGIS participants nor San Diego Data Processing Corporation assume any liability arising from its use THIS MAP IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY AND o NESS FOR A PARTICULAR PURPOSE PROPRIETARY INFORMATION: The use of this information is pursuant to sublicense agreement only Any resale or relicensing of this information is prohibtted, except in isserrfanee with such seltheensing agreements. Subject Property: Red Lion Hotel Conversion 701 & 801 National City Blvd. 1/4 SEC. 154 & 155 I INCH 200 FEET City of National City Planning Department 12 3 National City Blvd,, National City, CA 91950 (619) 336-4310 OGE�`G. POST - DIRECTOR August 26, 2003 TO: Fire Department Police Department Community Development Commission Parks & Recreation FROM: Steve Ray, Principal Planner SUBJECT: Case file nos.: GP-2003-2, A-2003-4, S-2003-5, CUP-2003-22; General Plan Amendment, Code Amendment, Tentative Subdivision Map and Conditional Use Permit for the conversion of the Red Lion Inn to 170 residential units and commercial space The applications stated above have been submitted for Planning Commission consideration. They include amendments to the General Plan and to Title 18 (Land Use) of the Municipal Code to allow conversion of existing hotels to residential use at higher densities than permitted for new construction; and a Tentative Subdivision Map and a Conditional Use Permit for conversion of the Red Lion Inn to 170 residential condominium units and commercial space, at 8O1 National City Boulevard. Please submit your comments or recommendations on the proposed project by Wednesday, September 10, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. Please also indicate whether any requirements you may specify could affect the proposed improvements, including the parking area, driveways, bridge structures, other improvements in the public right of way, and provision of handicap parking spaces, balconies or other features. If you have any questions or need additional time to review the proposal, please contact me at 336-4313. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. No comments Thank von. 'closures: ! . Applicant's Project Description Z_ "Tentative Subdivision Map, Exhibit A R/90/01 Carrier Johnson. Exhibit B Steve Ray From: Ray Allen Sent: Tuesday, September 23, 2003 10:26 AM To: Steve Ray Cc: Craig Short Subject: RE: Red Lion Inn conversion Original Message1 e From: Craig Short Sent: Monday, September 22, 2003 03:10 PM To: Ray Allen Cc: Steve Ray Subject: FW: Red Lion Inn conversion Steve, The only concern we have for the proposed change to condominiums would be adequate parking for the owners of the units. I do not know the capacity for the three story parking structure across the street and how many of the spaces are taken up by the Southwestern College students. Parking is at a premium in this city and it should be addressed in the planning of this proposed change. If you have any additional questions, please call me or email me. Thanks, Ray Allen Please handle. Steve, Lieutenant Allen handles all our licensing, CUP and TUP responses (and this seems to fit into his area of responsibility). I've been out sick (all last week) and am only now getting to my e-mail. I hope you haven't been overly inconvenienced. Original Message From: Steve Ray Sent: Friday, September 19, 2003 12:42 PM To: Craig Short Subject: Red Lion Inn conversion I am awaiting comments from your Department on the applications for conversion of the Red Lion to condominiums. If you have any concerns that would require more information at this time, would you please let me know immediately, as I am sending a letter to the applicant today? Any concerns that would be addressed as conditions of approval may also be brought to the applicant's attention in this letter or incorporated later, prior to preparation of the staff reports for the public hearings. Thank you for you cooperation. -- Steve NATIONAL CITY, CALIFORNIA GENERAL PLAN AMENDMENT Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number OP � o LX1 Th Filing Fee $ . Receipt No. Date Received By E.A.F. Required Fee $ Related Cases SEE CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. FILING FEE IS $2, 000 PLUS RELATED APPLICATION FEES. THE I/We hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City General Plan land use designation and Change of Zone on the following real property: q®! tVq-kdnv,nk C147 ivck • ov-, CA k—T) OAS 611 t 9 So FROM CCU "PO TO [As ►-,eedect (Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property). This change is being requested for the following reason(s) (attach additional sheets if necessary). 1 c St g (?Cw �f C e er-s� P tce- O Cc'd 1�i 91n O � wi P a-C• . C -tc General Plan Amendment Application Revised August, 2002 Page I of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Pact * Cc c . Name: Signature tASignature (Signa = acknedges / t this (Signature acknowledges that this application i '. eing filed) application is being filed) Address: 11 g'.S° c �<�c, C S� - Address: �a., iPerc-,CfA 4•D..tla Phone No. G t q o - ., 6 a 9 000 Phone No. Fax No. 6t1, '1°10 Fax No. Date: %-aa'�=3 Date: APPLICANT Name: 1--)eA--N /4CC S (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: 4ZCAS -,Cask Skr-e-e� 4 (ac• Cwt fat IG 6(9 7000 6(9 �s�< 700 General Plan Amendment Application Revised August, 2002 gvttr'7 nf7 NATIONAL CITY, CALIFORNIA CODE AMENDMENT Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONL Case Number Filing Fee $ Date Received E.A.F. Required Related Cases Receipt No. By Fee $ SEE CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. THE FILING FEE IS $1,600 PLUS RELATED APPLICATION FEES. I/We hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City ,Municipal Code. This change is being requested for the following reason(s) (Attach additional sheets or refer to separate letter", if necessary or convenient). e S Co'ote GYwIe -} 4t Wt�L1 (12,,iorc,. etc,. a v e,sciw,p1� dS �Ei+� �c�a 11 ' ' resi Ce�4cvvts-tiiw C > 1 } QS t SuttVict�-os G-r� t g(LG-�11k �sJ are.., �?ro, c.„„ ,a 1 I� /1 G w Q err1Q-eo LAC 1 t��lLd Corty-e "f .G r-e S i P 1 'S ,- iic- Code Amendment Application Revised August, 2002 Page I of 2 PROPERTY OWNER(S) seeking the change in regulations: (Attached extra sheets if necessary), Name: Name: Signature LAAA Signature (Sigma *e ac 9 ledge that this (Signature acknowledges that this application . being filed) application is being filed) Address: 7Q-C ( ,r,CeclC SA. Address: tcc (D; ert Phone No. C4 (S) Phone No. Fax No. Cfi.(5) "oZ 7 G — /0 'G Fax No. Date: -7- 2 � -�� Date: APPLICANT/AGENT FOR PROPERTY OWNER(S): Name: (� cr. � � i S So('ct (Please type or print) Signature: 0,0 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. tco 7 e•c CIFt dtA Ct �� D-56-1050 d Date: Code Ameudmenl Application Revised August, 2002 NATIONAL CITY, CALIFORNL& APPLICATION for Tentative Parcel Map >< Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 , PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Date Received E.A.F. Required Related Cases Receipt No. By Fee $ SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. PROPERTY LOCATION COMBINED GENERAL PLAN/ZONING DESIGNATION e6 ` PI) Tentative Parcel/Subdivision Ivlap Application Revised December, 1998 Page 1 of 3 sd CIVIL, ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: r=ofL :mac-, Signature (Signature acknowledges that this application is being filed) 5G15(L.sal9e9kc # "2„.c L( Address: Name: Signature 0-Address: tea, eri Cv Q 3 Phone No. sCiSs & 34sD. Fax No. S-r o S-GE o Ll 35i-( Date: (Signature acknowledges that this application is being filed) -i k41.lc., 0 sic) C) 52, t l G Phone No. C� (q) a�G - l O oo FaxNo. Cot 55) Date: i- "D.e—cam PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signature ill 'At (Signs e ac . k) wledge. that this application being filed) 5 rAee Address: Oc,.c i Trcca( G` 4-e(t`' c$., 0 r-e$c, C 9a.4IG Phone No. is I , 2,56 . OC( ) Fax No. Name: Signature (Signature acknowledges that this • application is being filed) Address: Date: 7 - -- 50'0. Phone No. Fax No. Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 APPLICANT P Name: jDc4.—, t S�cr ' G� c kct'C (Please type or print) J Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Pc, c k `h c C, C`w,cct i• e_S S 14- c c 14 l Co tipiesc C (- -- Phone No. (r ( ��l(y cZ C' CG Fax No. (5 ciG Date: Tentative Parcel/Subdivision i1'ap / pplicatiun Revised December, ! 998 Page 3 of 3 APPLICATION for NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number \'N —24153_ Filing Fee $ Receipt No. Date Received By E.A.F. Required Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach ifiinsufficient�/+�space gal � �1 i `6""1 � � t�(�, l �I � t uol a i o-Ls I) DG 1 J 14) ct — ( s Black i.; �o I p�r�n-S V�c t`tl�'/\ci n),-. 7 Cc PROPERTY LOCATION ' G No. 1� between Z5 SA' ' and Street COMBINED GENERAL PLAN/ZONING DESIGNATION -evNPrcl Co vvt vv. of C c.(1 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 paap l of REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: CO,r Per,. +`S IAA ,.e-0k 0 co, r .lee r,10 Co- A PROPERTY SWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signature (Signa e ac wledges that this application s being filed) Address: vi oc1( CC. I� Phone No. Cd Fax No.((i(r7��,_9' - 05"G Date: Name: Signature (Signature acknowledges that this application is being filed) Address: aao Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 Address: APPLICANT Name: Dot—, 5s,r` / Pecc �l'c C C-wcc.c-tcP�S (Please type or print) 111 I Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). �1kS l-.Ccc.1( (Gc c., 0 4 el c,d C (A- aal G Phone No. Fax No. Date: )_.S% - fcr 76 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirably; to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presen; 'd to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however,, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development!Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 companies August 18, 2003 Chairman and Planning Commissioners, Mayor and City Council, National City Planning Department 1243 National City Boulevard National City, CA 91950 RE: Red Lion Inn Residential Condominium Conversion Following, please find Pacifica Companies' applications made to enable consideration of converting the Red Lion Inn to residential condominiums: - General Plan Amendment - Code Amendment - Conditional Use Permit -Tentative Subdivision Map -Supporting Documents and Information This is the fourth step following these previous actions taken to bring this project to fruition: 1. Memorandum of Understanding with the City of National City Community Development Commission. 2. Initiation of General Plan Amendment 3. Consultation with City Planning Staff Additionally, our staff, design professionals and consultants have worked hard to develop a project that will, in our opinion, further several community economic development goals and objectives: 1. The project will enable capital investment into, and renovation of the Red Lion Inn. 2. The project will serve as a catalyst for investment into, and redevelopment of the Downtown area. 3. The project will provide a net positive revenue benefit to both the Community Development Agency and the City General fund. 4. The project will provide much needed owner -occupant housing opportunities and will attract new residents to the community. 5. The project will strengthen the hotel market in National City 1785 Hancock Street, Suite 100 0 San Diego, CA 92110 phone (619) 296-9000 0 fax (619) 296-9090, (619) 296-9176 Project Description and Discussion Introduction The property owners are requesting entitlements necessary to enable conversion of the Red Lion Inn property into residential condominiums. The entire project consists of the hotel at 801 National City Boulevard and parking structure at 745 National City Boulevard. Together, these two parcels comprise 1.28 acres, including the 12-story, 170 room Red Lion Inn and a four -level parking structure. The Red Lion Inn is a 12-story steel frame and concrete structure constructed in 1992. The hotel consists of 170 rooms incbuing, 148 455-481 square foot one -bedroom units and 22 623 square foot two -bedroom units. Conversion of Hotel to Residential Condominiums Pacifica Companies' project accomplishes several positive objectives for the City of National City: 1. The project strengthens the lodging market in National City, principally, the project will greatly increase the profitability of the Holiday Inn, the finest hotel accommodations in National City; 2. The project enables the renovation and investment into of the Red Lion Inn and parking structure. 3. The project provides much needed owner -occupied housing stock. 4. The project brings new homeowner/investors into the Downtown and City. 5. The project serves as a major catalyst for the redevelopment of the Downtown The proposal is striking, but its not unique. The conversion of apartment towers and even office towers to residential condominiums has long been a response to positive market conditions. Hotel towers are also being converted to residential condominiums in appreciating markets across the country. (see background discussion in Attachment 12). Pacifica Companies has looked at a number of projects, of varying redevelopment plans, in different markets for information and as models. Some, such as the Hawthorne Suites in Philadelphia (16 story tower) are totally converting to residential condominiums (with a restaurant on the ground floor). Others, such as the Four Seasons in Houston is converting just the top five floors of 30 stories, which will be integrated into the hotel operation of services. The Whitney Hotel in Minneapolis is on its second conversion; first from a warehouse to a hotel, and now to residential condominiums. The eight floor hotel is still commanding high room rates and is pre -selling condo units at more than $1 million. In all cases, the condominium conversions have been made possible by changing market conditions where downtowns are now viewed as desirable places to live. Description of Units The rooms are all "shotgun" room, extending from the west facing elevation with door entries and balconies, to the east elevation with windows. This layout, including bedrooms, large square footage and windows gives the Red Lion superior positioning for conversion to residential units. Additionally, the relative recent construction, as well as the type of construction benefits these units for condominium conversion, with an advantage over older, Type V and wood frame structures. 170 is the number of the existing one -bedroom and two -bedroom units. However, it is anticipated that this total number of units will decrease overall by 20 to 30 % as units are combined during the sale and renovation process. A number of unit combination options have been studied (please see architectural specifications). We have developed an exciting offering mix of six unit combinations, resulting in various floor plans ranging from loft units to two -bedroom, two baths, including bedroom, living area and kitchen layout and orientation variations. Together with the existing two bedroom units, the project has the ability to provide a highly varied mix of urban living environments in Downtown National City. The unit combination options will be made available to buyers at the on -site sales office. Additionally, after sale, units will be retrofitted with complete kitchens, including stove, dishwasher, sink, refrigerator, cabinets and countertops. Cabinets, countertops, flooring and appliances will be designated mid -grade, with the option of upgrading should buyers so choose. Retrofits will also include closets in the bedrooms and in some cases, living areas. All units will be completely refurbished, including flooring, bathroom facilities and surfaces, walls and ceilings and widow coverings. Buyers will be able to choose materials and upgrades at the onsite sales and design center. Facilities Existing facilities include onsite parking, landscaping, spa, health club, party room, meeting rooms and restaurant. The facilities will be improved by closing off the second parking lot exit (to 9th Street), eliminating drive -through traffic and enabling the outdoor recreation area to expanded with a pool, additional landscaping, BBQ's and dining tables. Additionally, the fitness center will be expanded and a common party room will be added with direct access to the outdoor patio. Additional amenities will include storage availability (at the parking structure), meeting and conference rooms and library/internet center. The main entry and street front will be redesigned, including main entrance to be emphasized by recessing it and introducing special planting concepts. Retail storefronts will be developed and opened up to enable activities to spill out onto the sidewalk. Awnings will be added to create color and diversity to the street level facade. Parking pockets in the sidewalk will be eliminated, providing generous space for street tree planting and sidewalk dining zones. Street trees will be aligned with the facade rhythm, croating a lively pedestrian friendly street scene for the National City Downtown. J Elevations Utilizing our top design firm, Pacifica Companies has proposed a striking and impressive elevation for the Red Lions' west face. The structure's west elevation will undergo a dramatic metamorphosis with the construction of rows of columns adjacent to the unit entryways, and extending above the roofline. In addition to adding dept and interest to this critical view, the columns will serves to add a sense of security and enclosure. This feature will be expanded with the solid enclosures at a balcony connecting the columns in front of the unit entryways. These features will be used to form planters, providing an opportunity for individual expression by the homedwners. The design enhancement for the Red Lion's east elevation proposes emphasizes the strength of the building by utilizing dynamic motion in the, form of vertically ganged windows. Different colors are utilized to emphasize the existing changes in wall planes. Further, this design breaks the mass at the top of the structure and creates the effect of grouped elements by differentiating the top at the plane changes. The east elevation also adds more shadow play and interest by the introduction of different balconies and guardrails, with color artfully employed. Parking, Parking Structure and Pedestrian Bridge The Red Lion property currently includes 38 parking spaces on -site behind the structure. Additional on street parking east of the structure is available to serves the residents. For the most part, the demand for this parking is after4the normal business day usage. The parking structure has 229 parking spaces. Currently, 130 of these spaces are assigned to the Red Lion and 97 spaces are assigned to the ground level tenant. A detailed discussion is available in the traffic/parking study attached as a supporting document to this submittal. At this time, it is anticipated that parking spaces in the structure will be designated on the condominium plan to individual units; (home owners will own a space in the structure). By assigning spaces to individual units, spaces will follow units in regards to the as yet, unknown mix and configuration of combining units (from the sales process). The ground floor units behind the hotel structure will probably remain open and under the control of the home owners association. A traffic/parking study has studied the parking issue in detail and is attached as a supporting document to this submittal. The parking structure elevation too will be renovated with facade enhancements including painting, plantings and awnings. Top floors parking will include dedicated parking stalls (to be defined in condominium plan), and the structure will include dedicated storage space. Access to the third and roof level parking may be restricted for the benefit of the condominium owners The project will also be the beneficiary of a pedestrian bridge linking the parking structure to the Red Lion at the third floor level. The bridge has the potential for being a striking and unifying element, tying the structures together, as well as providing a sense of entrance and place to the Downtown and community. There is the potential for the Downtown Community and Community Development Commission to get involved in the design of this structure and help incorporate a monument theme. Public Facilities, Utilities and Traffic Public Services This project, including the four discretionary actions that are necessary to enable it, will be circulated to, and receive full review by all affected departments and service providers. It is the applicants position that the proposed project will have little or no impact upon public services. At this time, the owners have not received any input regarding potential public safety issues arising from the condominium conversion. An automated fire -sprinkler system is provided for the entire hotel. The system is comprised of fire pumps, fire control panels, and fire -sprinkler lines and heads throughout the building. At present, Chula Vista Alarm is monitoring the fire life -safety system around the clock. Fire Watch of San Diego is contracted to perform scheduled maintenance and service of the fire system. And Fire Master of San Diego conducts testing and inspection for the Fire Marshall of San Diego, The future home owners association will have the opportunity to closely monitor and address public safety issues as it forms and matures. The Red Lion falls within the National School District and the Sweetwater Union High School District. School fees were paid when the origins' hotel building permits were obtained more than 10 years ago. The fees were paid at the commercial rate. The school districts may determine that the project warrants additional fee assessment based upon the residential rates, and payable at the building permit stage. Following, is a calculation of the additional school fees that may be assessed: 1. Elementary School District Commercial fees @ $.l4lsq.ft. $ 11,616 Residential fees @ $.85/sq.ft. 70,527 Additional fees 2. High School District Commercial fees @ $.18/sq.ft. Residential fees @ $1.54/sq.ft. Additional fees Tot ,' additional se ool fees that y ,,,ppOy: $ 58,911 $ 14,935 127,774 $ 112,839 $ 171,74® Utilities Heating and air conditioning (along with ventilation HVAC) is provided by a common system consisting of a 4-pipe mechanical system. The system consists of roof supported electricity -powered chillers and gas -fired boilers, along with two 2) cold water pipes and two (2) hot water pipes together with horizontal fan coils units located in the ceiling spaces of the individual units. Cold and hot water is generated by the chillers and boilers and pumped to the coils which produce cool or ward air to condition the individual units. Comfort level of the units is controlled by wall -mounted thermostats. Space conditioning is usually represents the highest energy usage in a household. Due to the relatively mild climate, the heating and cooling load is not tremendous. The common system is much more economical than any individual system would ever be. This will be operated and maintained by the home owners association. The remainder of the electrical service will need to be considered for possible metering, utilizing different methods that are available. All rooms are wired for cable and telephone services. The telephone services will be relatively easy to convert to individual services. Cable services will probably best be maintained by the home owners association for the benefit of the residents. Traffic It is anticipated that the project will result in a change in traffic patterns. The residential units will probably generate more trips and traffic orientation may change. With the project's location in proximity to the freeway, its is anticipated that traffic impacts will be minimal. A traffic/parking study is attached as a supporting document to this application. Project Market Pacifica Companies' has been working developing attached ownership and mixed-up communities in various urban environments in San Diego and elsewhere. Their team of in-house planning, real estate and management experts and associated design and construction specialists together, are developing innovative urban housing responses to help meet the needs of San Diego residents. The Red Lion project is a direct outgrowth of market analyses looking at housing prices and absorption in adjacent Downtown San Diego. The renaissance in downtown residential development that began several years ago has matured into a highly successful and established market, That market has been addressed through high-rise and mid -rise condominium structures. The market has pushed into the north and the east, expanding the boundaries of the urban living environment. Pacific Companies is responding to the northward movement of the market with the India and Chalmers mixed use project, Uptown, north of Little Italy and the Mission Brewery Station; a 200 unit/40,000 square foot mixed use residential condominium development just north our company offices on Hancock Street. These projects are designed to provide quality urban living that meets several demand criteria, including proximity to Downtown San Diego, proximity to urban amenities, affordability, proximity to transportation corridors and alternate transportation systems. Pacifica Companies views the Red Lion property as almost an extension of this Downtown market to the south. This part of northwest National City, along Interstate 5, is not that far removed from the southern Downtown neighborhoods of the Marina and southern East Village. Particularly, in East Village we see projects such as Diamond Terrace (with unit sizes starting at 430 square feet and prices starting at $200,0000), Island Market Center (with unit sizes starting at 550 square feet and prices starting at $200,0000), M2i (with unit sizes starting at 542 square feet and prices at $200,0000), Park Boulevard East (with unit sizes starting at 700 square feet and prices starting at $200,0000) and Union Square (with unit sizes starting at 617 square feet and prices starting at $240,000). The Red Lion market strategy is to target this urban living market at a niche that justifies extended distance south from the core. Our distance will be mitigated by sales price, but we will be targeting the same buyers; urban professionals, downtown commuters, singles and couples, small families, empty nesters and possibly some seniors and couples. The project is going ahead, based on this already identified off -site market; (the above described market, but at a competitive nice of around $160,000). However, in addition to this established general market, the Red Lion project also hopes to be the catalyst in creating a new urban living environment in Downtown National City. By "seeding" DNC with new urban residents and mixed -use commercial, Pacifica Companies hopes to see more renovations, more jobs and businesses locate, which in turn, could attract more urban residential and so on. This activity, together with the City's macro plans and projects such as the new college could help make Downtown National City the next exciting community in San Diego County. Sales Approach The Red Lion is proposed as a "market" project, meaning that the project proforma is based upon conventional sales to qualifying buyers. As an example; with a sales price of $160,000, and a conventional 80% mortgage at current interest rates of around 6%, the monthly mortgage payments would be around $730. On top of this would be insurance and homeowners association dues. Today, higher loan to value mortgages are also available,(90,95,100%) based upon buyers credit and circumstances. A sales office will be set up in the hotel. Here Pacifica Companies will be able to work with buyer both on unit options, (buyers will be able to chose specific units, combine units and chose options). Pacifica companies will also have loan programs available. These have not been specified yet, nor has any potential seller incentives. Pacifica Companies will be working with the National City Community Development Commission, as well as some state agencies to try and obtain some buyer empowering assistance programs. Of particular benefit would be a CDC grant of 2-5% for city resident first-time home buyers, and/or a favorable zero to low interest second loan. There will be no restrictions on resale prices, except on an individual basis if part of any housing assistance program that may be applied. For the most part, Pacifica Companies views the Red Lion Condominiums as a market rate project with a ready and available market of purchasers. There may be a limitation of investor units. This has yet to be determined. In new home developments, lenders often limit the number of investor sales that can take place. That type of financing will probably not apply to this project. However, it will probably still be in the project's interest to limit investor purchases so as not to negatively impact individual buyers' loans. Financial Impacts Financial impacts to the city from the conversion of the Red Lion Inn to residential condominiums has been discussed previously and included in staff reports to the Planning Commission. That analysis has been included under Attachment 11. The project will have a net positive impact to the City. First, transit occupancy taxes (TOT) generated will remain the same or decline by a negligible amount. The Red Lion generated $133,000 in TOT for the City in 2002. By removing the 170 Red Lion rooms from the lodging inventory, the adjacent Holiday Inn should be able to capture and additional 10 to 12 points of occupancy and the average room rate should improve by $13-$15. This would equate to an additional $111,000 to $131,000 of TOT generated annually by the Holiday Inn The increase in total property taxes paid will be significant. Currently, the Red Lion Inn pays approximately $81,000 annually in property taxes, which are subject to a maximum of 2% annual increase. Converted to residential units, the property will generate over $300,000 annually, (based upon average residential unit sales of $160,000 + commercial) in total annual property taxes, which will increase by approximately 10-12% annually (2% + re -sales at higher sales prices). It has been estimated that the commercial portion of the project will generate $100- $150,000 in total annual sales tax, including approximately $20,000 to the City. There will also be induced sales tax generated from the new residents, who will make most of their discretionary purchases in the City of National City. Finally, there will be positive indirect fiscal impacts resulting from the project and its new residents. Costs are not projected to increase in any significant manner as a result of the project. The largest cost items in the National City budget are for public safety services. Concerning police, there should be a decrease in police services demanded, from the transition from commercial hotel to owner -occupied residential. Fire service should have a negligible impact resulting from the change. Recreational services should also receive a negligible impact, based upon the project's on -site recreational amenities. (1_Io,_, .Paso1 FINANCIAL c TEMENT PACIFIGA HARBOR \.-W TWO LP - (336) c 2003 02 v4 PM Dec 02 - (Accrual) /J aw /O,1 /a,k.<W �0 1 CURRENT % BUDGET % LAST YR % TO ! DATE S YR % TBO-DATE UDGET % MONTHTO-DATE UDG TTHIS MO REVENUE 126,711 87.23 191,828 90.85 177,992 88.69 2,491,808 92.11 2,796,346 91.99 2,334,844 89.83 TELEPHONE 2,090 1.44 4,138 1.96 3,575 1.78 28,362 1.05 61,073 2.01 43,929 ' 1.69 O16,466 11.33 15,190 7.19 19,133 9.53 185,079 6.84 182,280 6.00 220,356 8.48 OTHER OPER REV TOTAL REVENUE 145,267 100.00 211,156 100.00 200,700 100.00 2,705,250 10D.00 3,039,699 100.00 2,599,129 100.00 DEPARTMENTAL EXPENSES 41,528 28.59 49,840 23.60 43,297 21.57 580,579 21.46 673,673 22.164 493,431 18.98 FOOD0.04 ROOMS 0 0.00 0 0.00 -53 -0.03 1,907 0.07 0 0.00 57510 0.02 E 0 0.00 0 0.00 100 0.05 878 0.03 0 BEVERAGE 1,404 0.97 2,499 1.18 2,781 1.39 23,643 0.87 36,892 1.21 19,069 0.73 TELEPHONE 0 0.00 1,755 0.83 436 0.22 11.,095 0.41 21,060 0.69 15,543 0.60 OTHER OPER EXP TOTAL DEPT EXPENSE 42,931 29.55 54,094 25.62 46,561 23.20 618,102 22.85 731,625 24.07 529,627 20.38 DEPARTMENTAL PROFIT 102,335 70.45 157,062 74.38 154,138 76.80 2,087,148 77.15 2,308,074 75.93 2,069,502 79.62 UNDISTRIBUTED EXP 14,340 9.87 16,441 7.79 26,093 13.00 193,364 7.15 206,627 6.80 181,660 6.99 MARKETING & GENERAL 14,565 10.03 22,671 10.74 17,050 8.50 293,747 10.86 297,930 9.80 220,265 8.47 14,603 10.05 13,548 6.42 16,636 8.29 176,905 6.54 159,270 5.24 132,079 5.08 REPAIR & MAINT 16,658 11.47 17,932 8,49 19,682 9.81 282,888 10.46 263,402 8.67 194,317 7.48 UTILITIES TOTAL UNDIST EXP 60,166 41.42 70,591 33.43 79,461 39.59 946,903 '35.00 927,229 30.50 728,321 2 8.02 GROSS OPERATING PROFIT 42,169 29.03 86,471 40.95 74,678 37.21 1,140,245 42.15 1,380,845 45.43 1,341,181 51.60 FIXED CHARGES 5,817 4.00 7,673 3.63 7,120 3.55 94,930 3.51 111,852 3.68 57,764 2.22 0.00 55 EQUIP LEASES FEES 0 0.00 0 0.00 55 0.03 0 0.00 0 0.00 0 0.00 00 0 0.00 0 0.00 0 0.00 1,668 0.06 02.96 INCOME TAXES T284 0.20 7,500 3.55 9,124 4.55 74,226 2.74 90,000 0.00 61,9633 0.00 T0 0.00 0 0.00 0 0.00 7,916 0.29 0 TAXES - - OTHER TAXES 2,024 1.39 1,434 0.68 1,330 0.66 21,644 0.80 17,205 0.57 14,131 0.54 INSURANCE 29,476 20.29 26,500 12.55 26,478 13.19 291,826 10.79 318,000 10.46 0.46 63,663 2.45 0.02 LOAN INTEREST CO 0 0.00 0 0.00 406 0.20 0 0.00 0 0 0.00 RENOVATIONOAN FEE COSTS0 0.00 111,852 3.68 HOLD 0 0.00 7,673 0.03 0 0.00 500 9.14 CONSULTING M FEES 0 0.00 0 0.00 26,675 118.34 0 0 00 0 0.00 126,675 4.87 DEPFEED EXP 0 0.00 0 0.00 126,675863.126 TOTAL FIXED EXP 37,602 25.88 50,780 24.05 4D8,687 203.63 492,209 18.19 648,909 21.35 562,156 21.63 NET INCOME 4,567 3.14 35,691 16.90 -334,009 -166.42 648,036 23.95 731,936 24.08 779,025 29.97 3,283 40,395 43,557 32,988 , NO.OF ROOMS RENTED 2,526 2,951 5,270 40395 43,57 32,988 NO. OF ROOMS AVAILABLE 5,270 5,270 70.20 63.4 47.93 56.00 62.30 71.4 70.20 70.78 OCCUPANCY % r 71.141 __ 50.16 ."65.00 54.22 64.20 78.79 ADR (TOOK) 57.51 71.55 61.13 66.97 ADR (TOTAL REVENUE) °z "` FINANCIAL STATEMENT Page 1 PAC PACIFICA HARBOR VIEW TWO LP - (336) 05/27/2003 Apr 03 - (Accrual) 09:42 AM CURRENT % CURRENT B% HIS MO T YR % TO - DATE %TO -DATE BUDGET TO DATE % MONTH BUDGET :NUE 190,552 90.10 217,056 91.50 212,509 92.21 862,441 92.13 871,614 91.59 887,747 92.70 ) EP 2,814 1.33 4,344 1.83 3,475 1.51 11,282 1.21 16,862 1.77 8,421 0.88 fMEROPE 18,121 8.57 15,831 6.67 14,469 6.28 62,375 6.66 63,209 6.64 61,466 6.42 LRRPERREV �L REVENUE 211,488 100.00 237,231 100.00 230,454 100.00 936,097 100.00 951,685 100.00 957,634 100.00 \RTMENTALEXPENSES )OD42,739 20.21 54,724 23.07 52,171 22.64 184,092 19.67 210,241 22.09 196,612 20.53 DOMS 0 0.00 0 0.00 405 0.18 0 0.00 0 0.00 951 0.10 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 50 0.01 :=E HON 2,722 1.29 3,624 1.53 2,069 0.90 7,803 0.83 14,067 1.48 7,863 0.82 HER 1 1,027- 0.49 962 0.41 706 0.31 4,606 0.49 3,745 0.39 1,864 0.19 OPER EXP PE \L DEPT EXPENSE 46,489 21.98 59,310 25.00 55,350 24.02 196,501 20.99 228,053 23.96 207,340 21.65 3,RTMENTAL PROFIT 164,999 78.02 177,921 75.00 175,104 75.98 739,596 79.01 723,632 76.04 750,294 78.35 17,525 8.29 18,277 7.70 12,050 5.23 64,631 6.90 68,434 7.19 51,353 5.36 24,396 11.54 23,419 9.87 24,634 10.69 101,023 10.79 96,148 10.10 96,376 10.06 12,386 5.86 13,028 5.49 15,844 6.88 54,466 5.82 52,112 5.48 57,658 6.02 21,215 10.03 23,325 9.83 21,004 9.11 93,468 9.98 90,614 9.52 96,388 10.07 75,521 35.71 78,049 32.90 73,531 31.91 313,587 33.50 307,308 32.29 301,775 31.51 89478 42.31 99,872 42.10 101,572 44.08 426,009 45.51 416,324 43.75 448,519 46.84 STRIBUTED EXP JMIN & GENERAL ARKETING EPAIR & MAINT TILITIES L. UNDIST EXP SS OPERATING PROFIT .D CHARGES 7 688 3.64 8,682 3.66 8,348 3.62 31,775 3.39 34,865 3.66 35'g00 0.08 86 3.70 sICOMETAXE FEES 800 0.38 0 0.00 800 0.35 800 0.09 0 0.00 DOME TAXES 6,343 3.00 6,722 2.83 6,722 2.92 25,376 2.71 26,888 2.83 26,8888 2.81 AXES- ROPERTYT ERES 204 0.10 770 0.32 ,. 0 0.00 204 0.02 3,080.0.32 0.00.. 0 - OTHER - 2,024 0.96 2,150 0.91 1,555 0.67 8,094 0.86 8,600 .90 6,221 v 4TEREST EXP 19,833 9.38 23,835 10.05 23,055 10.00 94,090 10.05 95,340 10.02 89,988 9.40 ENOVAT 0 0.00 8,682 3.66 0 0.00 0 0.00 34,865 3.66 3 AL FIXED HOLD AL FIXED EXP 36,891 17.44 50,841 21.43 40,480 17.57 160,339 17.13 203,638 21.40 159,283 16 6 INCOME 52,587 24.87 49,031 20.67 61,093 26.51 265,670 28.38 212,686 22.35 289,236 30.20 9F ROOMS RENTED OF ROOMS AVAILABLE ;UPANCY (BOOK) (TOTAL REVENUE) 4,374 3,876 5,100 5,100 85.76 43.56 48.35 76.00 56.00 61.21 3,873 17,769 5,100 20,400 75.94 54.87 59.50 87.10 48.54 52.68 15,045 16,114 20,400 20,400 73.75 57.93 63.26 78.99 55.09 59.43 xi Lion Inn & Suites Prop. Value Prop. Tax TOT Sales Tax Conversion to Residential • Residential Units 23.460,000 258,060 Ground Floor Retail 1.200,000 13,200 Retail Sales Tax Additional TOT Holiday Inn Total Current Assessed Value Current Property Taxes TOT Paid in 2002 incremental Taxes 7,314,000 50,000 135,000 271,260 135,000 50,000 81,000 133,000 190,260 2,000 50,000 242,260 Assumptions: Residential units - Average price of $138,000 x 170 units. Ground floor retail - Value of approximate 5000 sf of retail space. Retail sales tax - Based on sales from tenants such as Kinkos and Starbucks. Additional TOT Holiday Inn - Assumes 12 points of additional occupancy and $15 increase in ADR. Residential Units There are currently 170 hotel suites that will be converted to residential units. Residential units will range in size from 455 square feet for a one bedroom to 623 square feet for a two bedroom. We might also allow a buyer to combine two or more suites to make a larger residential unit. The existing hotel suites will be upgraded with new paint, carpet, stone counter tops in the bathroom, and complete kitchenettes . We are also evaluating the possibility of adding balconies to select units on the east side. Potential Architectural Changes to the Facility During the conversion process there will be some cosmetic changes made to the ground floor and facade of the tower. Colors and shapes will be used to provide articulations to the east side of the tower and some modifications will be made to the handrails on the west side. The ground floor will be nicely landscaped and include a retail component. A footbridge will also be constructed over 8th Street to connect the parking garage to the tower. JCEP/HUANG CONSULTING E .G@NEERS, INC. Via Lara I: (805) 375-6292 June 19, 2003 Pacifica Harborview Two LP C/o Westone Management Consultants 710 Camino de la Reina Suite 129 San Diego, California 92108-3216 Attn: Mr. Joseph Scarlatti Re: Transmittal of PCA Report Dos Vientos Ranch, CA 91320 Fax: (805) 375-8292 Red Lion Inn & Suites 801 National City Boulevard National City, San Diego County, California 91950 Dear Joseph: Attached is one copy of the referenced report. Your receipt of this report completes our scope of work under this contract. This PCA report is based on a walk through observation of the subject property on June 10, 2003 and the review of certain property related documents that you provided us. We appreciate the opportunity of providing this engineering service to you and look forward to a continuing working relationship in the future. Should there be any questions regarding this project, please contact Huang at 805-375-6292. Sincerely, REPORT Property Condition Assessment Red Lion Inn & Suites 801 National City Boulevard National City, San Diego County, California 91950 Prepared For PACIFICA HARBORVIEW TWO LP C/o Westone Management Consultants 710 Camino de la Reina Suite 129 San Diego, California 92108-3216 Attention: Mr, Joseph Scarlatti Prepared By JCEPifluang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 Project No. 03-C-01775 June, 2003 TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMMARY ...., 4 1.1 General Description 4 1.2 General Physical Codition 4 1.3 Recommended Immediate Repairs 5 1.4 Recommended Short Term & Intermediate Term Repairs 5 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 8 4.0 SYSTEM DESCRIPTION AND OBSERVATION 9 A Buildings 9 12 B Common Area 3 1,0 EXECUTIVE SUMMARY 1,1 General Description JCEP/Huang completed a property condition assessment (PCA) of a hotel complex known as Red Lion Inn & Suites located at 801 National City Boulevard, National City, San Diego County, California 91950 at the request of Joseph Scarlatti of Westone Management Consultant. As part of the PCA, an on -site walk through observation was made on June 10, 2003 with Lindsay Erickson of Westone Management Consultants. Accompanying us during the observation tour were Jim Boit, Operations Manager, and Bill Guarino, Chief Engineer of the subject hotel. The subject property is located at the southeasterly corner of East 8th Street and National City Boulevard about one mile east of Interstate 5 in the South Bay district in San Diego, California. The site is improved with a 12-story hotel building that contains 170 suites. Out of which, 22 are two -bedroom, one - bathroom units; the rest are one -bedroom, one -bathroom units. Additionally, the Red Lion Inn and Suites also offers a heated spa, surfacing parking (including 4 handicap parking stalls), two (2) elevators and ground floor meeting facilities. Construction of the Red Lion Inn and Suites was reportedly completed in 1989 on a rectangular -shaped urban lot on the east sijile of National City Boulevard, between East 8`h Street to the north and East 9th Street to the south. A central heating, ventilating and air conditioning (HVAC) system is provided for the subject hotel. Major HVAC equipment-;-electricity-powered chillers and gas - fired boilers is supported on the roof, while the electric switchgear and gas main are located on the ground floor utility room. Domestic hot water is supplied by two (2) roof supported gas -fired boilers. Fully automated fire -sprinkler system is provided throughout the building. Common areas and guest suites are equipped with smoke detectors, fire extinguishers, fire alarms, alarm pull boxes; and strobes for the handicap suite. Fire life -safety system of the facility is monitored around the clock and maintained/serviced regularly by professionals. 1.2 General Physical Condition The subject property appears adequately maintained and in overall good condi- tion without significant defects noted. Original components of the building are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this area and, subject to a continued program of sustained pre- ventative maintenance, the remaining economic life of the subject hotel should exceed 40 years. ,:s; Recommended iununediate Repairs Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, no objectionable property conditions that require immediate corrective works were identified, except the following: Item Pain the north, south and east elevations of the building. Apply reflective paint on the roofing system to elongate the service life of the roofing system. Total Quantity one roof U nit Cost Lump Sum Lump Sum Immediate Cost $14,000 $ 3,000 $17,000 1.4 Recommended Short Term and Intermediate Term Repairs We understand that a program to convert the existing hotel suites into one and two -bedroom residential units is currently progressing. JCEP(Huang was advised that the following upgrades will be made: New paint for the building exteriors and the interiors of the suites. New carpets for the suites. e New stone countertops for the bathrooms. ® Install kitchenettes for each unit. ® Possibility of adding balconies to selected units on the east side. © Possible uplift of the ground floor and the facade of the tower. o Possible modifications to the west side handrails. © Possible enhancement of the eastern elevation of the tower. ® Possible improvements of landscaping on the ground floor and adding a street level retail space. Possible construction of a pedestrian bridge to connect with the 8th Street parking garage. JCEP/Huang concurs that this is a sound and workable program that will much improve the subject property. 2.0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirements as outlined by Joseph Scarlatti of Westone Management Consultants, and included the following: A. Buildings 1) Roofs 2) Foundations 3) Walls, Windows and Doors 4) Exterior Paint and Woodwork 5) Plumbing 6) Mechanical 7) Electrical 8) Elevator Installations B. Common Area 1) Pavement 2) Walkways 3) Landscaping/Plantings 4) Irrigation System 5) Swimming Pools/Spas/Saunas 6) Common Recreation Rooms 7) Trash Areas 8) Mechanical 9) Electrical 10) Exterior Common Area Lighting 11) Walls and Fences 12) Drainage Facilities 3,0 SALIENT INFORMATION Project 03-C-01775 Property Name Red Lion Inn & Suites 801 National City Boulevard Property Address National City, California 91950 Year Built 1989 Year Renovated I In the near future Zoning I R3 Occupancy Group I B-2 APN 819-526-47-31 819-106-75-21 556-471-24-00 Construction Type I V-1, fully fire-sprinklered Number of Buildings I One • Number of Units 1170 One and two bedroom suites Property Manager Jim Bolt Tel: 619-S36-1100 Fax: 619-336-1628 Number of Stories Twelve Basement None Size of Unit 1 x 1 : 455-481 s.f. 2 x 1 : 623 s.f. Property Visit Date I June 10, 2003 Property Visit Conducted by I Johnny Huang, P.E. Accompanied By Weather Lindsay Erickson: Westone Management Jim Bolt: Red Lion Inn & Suites Bill Guarino: Red Lion Inn & Suites Sunny, mid 70's 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Buildings 1) Roofs Description: Design drawings for the Red Lion Inn and Suites were not available for JCEP/Huang's review. It is likely that the roofing system is over the concrete roof slab. It is observed that the hotel tower is covered with a conventional built- up roofing (BUR) membrane system with a light colored mineral surfaced cap sheet. BUR is typically constructed of plys of roofing felts intermopped with hot asphalt where cured asphalt becomes the waterproofing membrane while the felts constitute as the reinforcement of the roofing composition. Noticeable slopes were built-in the roof structural framing to enable the BUR to convey rainwater to the interior roof drains and downspouts that are located in the low areas of the roof Downspouts then carry the rainwater onto the paved areas that eventually goes into the public drainage infrastructure. Galvanized sheet metal flashing, counterflashing, mastic and caulking are other weatherproofing materials used at roofing termination and penetration locations. ' The roof also accommodates the HVAC equipment, piping and cable conduits. These items are supported on concrete pads or on elevated steel frames. These supports are waterproofed by heavy felt flashing and other roofing materials. Parapets are extensions of the exterior walls that are waterproofed with parapet caps, heavy felts with reglet, flashing, counter -flashing and sealant caulking. Waterproofing of the storefront curtain wall units on the ground floor along the sidewalk facing National City Boulevard is achieved by application of glazing gaskets, and non-drying and non -hardening polyisobutylene and butyl rubber in the fabrication shop and on -site. The mullions are designed and fabricated with weep holes to channel accidental moisture (rain or condensate) to the exterior of the building. Observations/Comments: BUR is a reliable waterproofing product with a long and impressive performance record. An adequately constructed BUR of the project type can usually last 15 to 20 years depending on number of plys in the roofing composition, quality of maintenance, frequency of foot.traffic on the BUR...etc. No roof leaks were reported and no signs of leakage were observed from the interior of the tower. The roof was observed to be free of debris, and appeared to be adequately maintained and in satisfactory condition. However, due to aging, it is recommended that a high quality reflective paint be applied on the surface of the subject BUR. Properly applied, the service life span of the BUR can be elongated by five (5) years. No other repairs/improvements are recommended at this time. 2) Foundations Description: Original plans and specifications were not provided for JCEP/Huang's review. Although not exposed to view, foundations are purportedly comprised of steel reinforced concrete grade beams or continuous footings under perimeter bearing and shear walls and steel reinforced concrete spread footings under columns The ground floor of the building is constructed of steel reinforced concrete slab -on -grade over engineered fill. No repairs are recommended at this time. 3) Walls, Windows and Doors Description: Exterior walls of the hotel tower are observed to be constructed of operable glass windows and doors and painted stucco. Additionally, an aluminum framed storefront curtainwall system is provided for the ground floor function area along the sidewalk facing National City Boulevard. It is likely that the stucco is over waterproofing material on building structure that appears to be constructed of cast -in -place reinforced concrete. Window and door openings are likely to have been reinforced with additional reinforcing steel bars for stress transferring continuity. Main entrance of the hotel is constructed of aluminum framed double glass doors with side lights. Side entrance and access doors are also of aluminum framed, but single swing doors. Suite entry doors are of solid core fire -rated type with electronic openers and dead bolt hardwares. Interior doors of the suites are typically of solid cored wood units. Windows are of aluminum framed glass sliding units. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. Management of the property advised that front elevation (west) of the tower was painted in the recent past. And this elevation appeared in good condition. It is recommended that the north, south and east elevations of the tower be painted within one year. Windows and doors appeared adequately maintained and in good condition. No repairs/replacements are recommended at.this time. 4) Exterior Paint and Woodwork Description: The tower appears to be constructed of cast -in -place reinforced concrete system composed of flat slab, beams, columns and walls with limited wood work. Exterior paint includes the stairs, stucco, trash enclosure, railings along the west side corridors, and the wood enclosure for the spa. Observations/Comments: -It is recommended that all building exteriors be painted within one year. 5) Plumbing and Hot Water Heaters s Description: Plumbing system of the subject hotel includes necessary hot and cold water supplies, drainage, waste, and vents. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and storm wastes are discharged to the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the tower is provided by two (2) gas -fired hot water boilers supported on the roof. Suite bathroom fixtures consist of floor supported lavatories with wood cabinets, floor mounted water closets and cast iron porcelain bathtubs with showers. An automated fire -sprinkler system is provided for the entire hotel complex. The system is composed of fire pumps, fire control panels, and fire -sprinkler lines and heads throughout the hotel tower. Addi- tionally, smoke detectors, fire extinguishers, fire alarms, alarm pull boxes and strobes are also provided in the subject building. Shula Vista Alarm is monitoring the fire life -safety system around the clock. Fire Watch of San Diego is contracted to perform scheduled maintenance and services of the fire system. And Fire Master of San It Diego conducts testing and inspection for the Fire Marshall of San Diego. Observations/Comments: Plumbing system and the fire life -safety system of the subject property were observed in good condition, and appeared adequately maintained. No repairs/replacements are recommended at this time. 6) Mechanical Description: Heating, ventilation and air conditioning (HVAC) of the hotel tower is provided by a 4-pipe mechanical system. Basically, the system consists of roof supported electricity -powered chillers and gas - fired boilers and two (2) cold water pipes and two (2) hot water pipes together with horizontal fan coil units located in the ceiling spaces of the individual suites. Cold and hot water are respectively generated by the chillers and boilers that are pumped to the coils which produce cool or warm air to condition the rooms. Comfort level of the suites is controlled by wall -mounted thermostats. Due to the mild climate of the project area, operable windows and doors are provided to invite cool air to the interior spaces for energy savings. Observations/Comments: HVAC equipment was observed to be adequately supported for seismic safety. Equipment capacity appeared proper for the intended usages. Management of the hotel advised that the HVAC system is regularly maintained and serviced. The system appeared in good condition. No repairs/replacements are recommended at this time. 7) Electrical Description: Electrical service to the tower is through an underground electric conduit distribution from an exterior concrete pad mounted and utility company owned transformer to the building's maindistribution switchgear. Service is metered and is usually provided at 120/277 volts for services to lighting, receptacles and air conditioning fan motors. In those cases where hotel power requirements for equipment motors are atypical, service is provided at 277/480 volts with step-down dry transformers to lower voltage requirements. In all cases, the electrical services provided appear proper for the current use, and distribli'ion panels viewed were noted to have l4 reasonable spare capacity for lighting and receptacle power additions that may become necessary in the future. Lighting in common areas is generally of recessed incandescent and fluorescent fixtures in a lay -in ceiling module. Suites lighting consists of ceiling hung long fluorescent fixtures in the bathroom and table and wall lamps. Site illumination is provided by exterior wall and pole mounted lighting fixtures. Fire alarm systems are basically limited to those systems required to supervise the building automatic fire sprinkler systems. The alarm supervisory systems are all monitored off -site by alarm surveillance companies on a twenty-four hour basis. The electricity service can be described as a standard industrial installation consisting of a 480/277V, 3-phase and 4-wiere system. Additionally, a diesel fueled emergency generator is located near the fire pumps. This generator is designed to provide emergency power to run the fire pumps, one elevator, and emergency lights. The generator is regularly tested and serviced by Fire Watch of San Diego. Observations/Comments: Electric system of the property appeared adequately maintained and in good condition at the time of JCEP/Huang's on -site walk through observations. And system capacity appears to be adequate for the intended usages. No repairs/replacements are recommended at this time. 8) Elevator Installations Description: Two (2) electric traction elevators are provided for the vertical transportation needs of the tower. Both elevators, manufactured by Montgomery Elevators Company, cover all floors of the tower ground floor through 12th floor. The elevators are of 2500# hauling capacity and can be used as freight cabs. Observations/Comments: Management of the hotel advised that the elevators are regularly serviced and maintained by Conkone Elevators. The roof top elevator machine room was observed to be clean and adequately kept. We rode both elevators several times and found the rides smooth. The elevator system appeared adequately maintained and in good condition. No repairs/replacements are recommended at this time. B. Common Area I) Pavement and Walkways Description: Poured concrete curb and sidewalk parallel to 8th Street, 9th Street and National City Boulevard are provided as parts of the City's sidewalk system. On -site driveways and parking lots are paved with asphalt concrete, while the curbs and sidewalks along the borders of the asphalt pavement are constructed of reinforced concrete slabs - on -grade. Corridors on the west side are of concrete slab as part of the tower structure and the entry way to the hotel is composed of cast -in - place reinforced concrete slab -on -grade. Observations/Comments: Reinforced concrete slabs -on -grade were observed in a good state of repair. No cracking or significant displacement of the concrete flat work was noted. Generally, asphalt paved driveway and parking lot appeared adequately maintained and in good condition. However, the asphalt pavement needs localized repairs, seal -coating, and the parking spaces need to be restriped at 3 to 4 year intervals. 2) Landscaping/Plantings Description: Being an urban property, only limited landscaping of palms, evergreen and deciduous trees, flowers, shrubs, and grass is provided along the sidewalks parallel to the city streets and inside the property. Observations/Comments: Landscaping and plantings appeared to be adequately maintained and in good condition. No repairs/replacements are recommended at this time. 3) Irrigation System Descriptions: Automatic irrigation system is provided for all landscaped areas of the property. Sprinkler lines appear to be PVC with 2" main and branches, sprinkler heads appear to be brass. Observations/Comments: The irrigation system appears to be able to provide adequate coverage for the landscaping and planting. Landscaping and irrigation are serviced and maintained weekly by gardening services. Irrigation system of the property appeared adequately maintained and in good condition. No repairs/replacements are recommended at this time. 4) Swimming Pool/Spa Description: There is no swimming pool associated with this hotel. A heated spa is centrally located on the ground floor of the hotel. Automatic filtering system is provided. Observations/Comments: Regular maintenance and service is routinely performed by local pool and spa services. The spa appeared adequately maintained and in good condition. No repairs/replacements are recommended at this time. 5) Common Recreation Rooms There are no common recreation rooms in the subject property. 6) Trash Areas Description: A painted stucco trash enclosure with metal gates is provided for the property. It is conveniently located at the parking lot by East 9th Street for garbage disposal and truck collection. A trash bin is placed inside the enclosure for dumping and collection by the garbage trucks. Trash is collected twice weekly by Pacific Waste Service. Observations/Comments: Trash area appeared clean and without objectionable odor. The area appeared adequately maintained and in good condition. Trash enclosure should be painted in conjunction with the exterior paint. 7) Mechanical There are no mechanical units provided for the common area. See A6 for mechanical system for the dwelling units. 8) Electricai See A7 for details. 9) Exterior Common Area Lighting Description: Lighting for these areas is provided by building wall mounted and metal pole supported lighting fixtures. The city lights somehow help illuminate'the site. Observations/Comments: The property was not observed at night, but it appears that lighting is provided for proper illumination of the site at night. New exterior lights can be considered to enhance the overall appearance of the property. 10) Walls and Fences Description: Except some decorative painted wrought iron short fences in the landscaped areas, there are no fences and fence walls. The front (west) elevation is facing National City Boulevard. North and south elevations are the tower side walls, and the driveway between East 8th and 9`h Streets is located on the east side of the property. Eastern boundary of the property is lined with shrubs to separate from the adjacent property. Observations/Comments: Walls and fences appeared in good condition. No repairs/replacements are recommended at this time. 11) Drainage Facilities Description: On -site drainage is primarily surface controlled. Building pads are raised above gradient for proper drainage. Rainwater from the roofs is carried by roof drains and downspouts that convey to the site drainage system which, in turn, is connected to the public storm drainage infrastructure. Asphalt paved driveways are constructed with noticeable slopes that are away from the building structures and converge to the concrete swales for proper drainage. Observations/Comments: Drainage systems of the property appear to have positive slopes that lead water away from the building structures and towards the collection devices. No significant ponding areas were noted during the property visit. No repairs are recommended at this time. TERMINOLOGY Excellent New or like new requiring rqutine maintenance. Good Component or system is sound and performing its function. Other than routine preventive maintenance, no repairs or improvements are required at this time. Satisfactory Component or system is performing adequately at this time but exhibits normal wear and tear expected for the specific type of material, component, or equipment and the use or exposure to the elements for the given locale. Although it may show signs of normal wear and tear, commensurate with its age, some minor remedial work may be required. Fair Acceptable as is for the most part but some aspects demand attention in the future. Component or system is performing adequately at this time bud'. exhibits deferred maintenance, evidence of previous repairs, workmanship not in compliance with commonly accepted standards, is obsolete, or is approaching the end of its typical useful life. Repair or replacement is required to prevent further deterioration, restore it to good conditions, prevent premature failure, or to prolong its EUL. Component or system exhibits an inherent deficiency but that is best remediated by a program of increased preventive maintenance or periodic repairs. Poor Requires immediate repair, replacement or significant maintenance. Component or system has either failed or cannot be relied upon to continue performing its original function as a result of having realized or exceeded its typical EUL, excessive deferred maintenance, a state of disrepair, an inherent design deficiency or workmanship. Present condition could contribute or cause the deterioration of contiguous elements or systems. Repair or replacement is required. ;SZ 3. Front entrance to the hotel. 4., Eostern eltevafion of the hotell„ Noic, Du, 1,,,,. :low ,Y).',M-,oL 5. Southern elevation of the hotel tacl i g E. 9th Street. Note: The fire stairs. 6. Fire stairs on the north side facing E. 8th Street. 7. View of the roof and the elevator machine room. Note: A. The high parapet. B. Tenant owned cable tray. The roof noticcOav 51.iatped toward the dralit. ?yin, f TyY TY'S QlOi (' Cl'Ittl'61 air COH(atirming system for the hoiel. 9' Tine chillier (ibinne frame, on might) and the boiler (white, left) of the central air conditioning system. Note: The hot and cold water pipes. gsj r!.;ppq:p ^ulip I,iot ,ivaterbo1ers 11. Fire main and fire water pump. II'Y riFlhtcr ttrnr..siroicli er.. 13. The parking lot located on the east side of the property. 'Vote. a. Asphalt pavement is noticeably sloped toward the concrete swale. b. Entry drive from E. 8°i Street. 14,, Entry drar from E. 9 Street. is, Handicap par ng sts (total.: 4) 11,16), . arod 8th St reet 17 The Spa and its equipment enclosure. nrka?: ,[71, [[ , [11 [7, [, [, [[th Ii9''.:',Ile:‘,Pat'all)11 of the hoteit. 19„ TypkalE exist at ends of the cortidors. .Asbgwmsgwa,m,t,,,t,ymnsmasmrgw,",,m,,smsaamgmmsigt,.. YiL The atftility (frt') staiira, iVotes The standpipe. 21. Typical elevator lobby on the upper floor. Note: The ue alarm. lEypftcal suite. No le: -7,5e 4/C outlet, 23e Typsead suite equipped with fire sprinkler head and smoke detector in each bedroom. 24,. Space on the ground floor being remiovated, Building NO. , 801 WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT Street National City Blvd_ CRY National City (Billing) P.O. BOX 18536 Anaheim, CA 92807 Phone (877) 270-2847 Regrsttaaordf PR 3449 Ordered By 1785 Hancock Street #100 San Dierto. CA. 92110 (619) 296-9000 Pacifica Companies Deenaklsrani Zip 91950 (Orange County Office) 3911 East La Palma, Suite H Anaheim, CA 92807 Fax (877) 962-3794 Property Owner and f or Party of Interest Owner cdo Pacifica Companies Deeoak Islam 1765 Hancock Street #100 San Meo, CA. 92110(619129B-9000 Date of Inspection Number of Pages 10/7/2003 I 4 (San Diego Office) 2426 Cranston, Ste #1 Escondido, CA 92025 www.TnimpPestContol.com Record # 9531 Report Sent To: Pacifica Companies Doak Israni 1785 Hancock Ste #100 Sen-Diego, CA 92110 (9191X96-9000 COMPLETE REPORT General Deseiipdon: LIMITED REPORT 2 SUPPLEMENTAL REPORT r 12 Story Steel & Concrete Building Furnished and Occupied with a Composition Roof and No Garage on Concrete Slab REINSPECTION REPORT Inspection Tag Posted: Attic Other Tags Posted: None I An Inspection has been made of the structure(s) shown on the diagram in accordance with the structural Pest Control Act_ Detached porches, detached steps, detached decks and any opther structures not on the diagram were not inspected. Subterranean Termites 0 Drywood Termites U Fungusiotyrot Other Findings 0 Further Inspection L If any of the above items are checked, it indicates that there were visible problems In accessible area. Read the report for details on checked items. 1 Inspected by- Mark Girard State License No_ FR 19077 Signature: You are entitled to obtain copies of at reports and completion notices on this property filed with the Board during the preceding two years. To obtain copies contact: Structural Pest Control Board, 1418 Howe Avenue. Stuite 18, Sacramento, California 95B25-3260. NOTE'.: Questions or prebieme ccncerning the ,above report should be directed to the manager of the company. Unresolved questions or problems with services performed may be directed to the Structural Pest Control Board at (916) 561-8708, (800) 737-8188 or wenm.pestboard.ca.gov 43M-41 (REV 10/01 ) FKIPI tos,iPae1 t CU J 437 El Cajon etve. PI-ICQNE Imo. 61Oct. 06 2003 1a:18PM P2 FireWatch The Fire Equipment Service Company State each -actor's License it 7375713 ClO/C16 (619) 299-PORE (3473) Pax (619) 440-y Et Csjan. CA 92020 Inspection Resort & Estimate October 7, 2003 Red Lion Inn/Radisson lam: iParibugStrmetnree 801 National City Blvd. Red Lion lnntRadisson National City, CA 91950 National City, CA 91950 (619) 474-2800 Attn: Bill GarinofFneneenng Repairs to Amomatie, Mho *twinkler System On 1.3,.a Quarterly Inspection of the Automate Fire Sprinkler & Class ill 5yslemwas Iced. The following discrepancies were noted and need to be corrected: 1. Fabricate, provide & install (4) replacement sections of 4" piping & necessary grooved couplings to repair "rusted out' sections. 2. Provide & install allow swish as required. 3. Replace approximately 231' of4" Class 11T Standpipe piping whirJt is 'rusted out' and leaking', to include associated couplings and fittings as needed 4. Replace atotal of (2) 100' X 1-1/2" Class 1I FireHoses (existing have beta, vandalized and are no longer serviceable). 5. Replace a total of (120) sprinkler beads manu by'Central' whi ch are defective. 6. Replace Crass it angle valve which is 'leaking'. Total inchiding Eliatedrsl tax ,;:. labor to make the abwire eerrectitms> S11,462.18 I. Patching and painting if required. 2. Overtime, weekend, holiday or shift work_ 3.'Widows] work, ifaceded, such as miner or replacement of existing equipment pipe and cgs. 4. Back tow prcveartor, S. Any alarm work other titan the Tlatemen1 of t e detective Scow switch. 6. Additional Insured FNds.Y. or�ents, ifrequired, cxt n. 'Terms; Nee 10 Days. To pr'araed, ply sign ,,.,;dogs and by FAX or Sincerely, John Mama Sales/.Service Accepted by: Print Nate: leatrr: N choral otati..enl ec�einintm A FROM = €.-eUatc6/Pa U licUe9 437 El Cgpn Blvd. PHONE NO. e 61qttARSWIR Oct. 06 2Aeri 10: t N P3 FireWatch The Fire Egnipmeat Service Company State Contractors License # 737578 Cl0/C 16 (619) 299-FIRE (3473) Fax (619) 440.66330 F.SCajon, CA 92020 inspection Report & Estimate October 7, 2003 Red Lion Inn/Radisson Re: Main Building 801 National City Blvd. GJo Same National City, CA 91950 (619) 474-2800 Bill GariMIEnteargring BaCteiga•taAvdavasaikkIrtStoriosititarSysteek On 3, a. Quarterly Inspection of the Automatic Fire Sprinkler System was conducted. The fnllorwing discrepancies were noted awlneedtto be corrected: 1. A total of (24) `break -away' padlocks ate needed. (replace) 2_ A total of (10) `Control Valve' signs axe meded. (install) 3 _ An. additional sprinkler head with associated pipe & fitting is needed for proper coverage awi Cade Compliance at First Floor Dining Room Entry. (install) 4. A total of (2) recessed eaeutcheons are 'missing' (replace) 5_ Ha idwheel security cover is 'missing'. (replad ) Total including material, tax & labor to make the abmre correctionsr 1. Wall or ceiling repair and/or and painting if moulted, 2. Ovalitere, weekend, holiday ar shift. wort Additional work if n, such as repair or loplaconnent of existin g equipareat, pipe and falogs. 4_ Performance of ecistire valves & equipment 5. Beddow preweartns_ 6. Additional braved Endonsernonts,if required, extra. To pry please 13 y FAX MB' Ma- SMeerely, John Mw a Sales/Service Member @ FitIB PFLUtZeieSYD ASSEtscigiltirM City of National City, California COUNCIL AGENDA STATEMENT FETING DATE February 17, 2004 *Refer to Item #3 AGENDA ITEM NO. 2 ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Pierce Manufacturing, Inc., and authorizing the purchase of one Triple Combination Pumper for Fire Dept. PREPARED BYBrenda E. odges, C.P.M. Purchasing x4570 EXPLANATION See attached DEPARTMENT Environmental Review X _ N/A Financial Statement See attached Approved By: Finance Dir or 301-409-500-598-1217 $279,995.71 (Fire mper) 250-00000-3300 $839'.99 (Performance Bond) Account No. STAFF RECO ENDATIO In concurrence with Don Condon, Acting Fire Chief, L-> the Purchasing Agent recommends, that the award be made to Pierce Manufacturing, Inc., and that authority be given to Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION fl1A ATTACHMENTS ( Listed Below ) Resolution No, 2004-20 1. Explanation 4. 12/18/03 memo from South Coast 2. City of Los Angeles PO Fire Equip. (1 pg) 3. 12/11/04 memo from Pierce Mg. (2 pg) 5. Resolution i A -too (9.99) EXPLANATION: As allowed by Purchasing Ordinance #1480, Section 16, this award will be made as a result of competitive bids solicited by the City of Los Angeles, where Pierce Manufacturing, Inc., was determined to be the lowest responsive, responsible bidder, and was awarded their bid for eleven (11) of these units. South Coast Fire Equipment, Inc. is the selling agent for Pierce Manufacturing, Inc. and together, they are pleased to offer the City of National City the opportunity to take advantage of this competitive bid price. Breakdown of Costs: The City of Los Angeles' specification included upgrades that are not required by the City of National City, and we are able to deduct these items and their cost. The Los Angeles award was made for: $317,192.00 LA purchase order cost per unit + $6,782.00 Independent suspension option $323,974.00 City of LA original unit price (pre-tax) - $56,280.00 Deductions taken by Nat'l City for unwanted items - $7837.00 Prepayment discount taken by National City $259,857.00 National City's unit price (pre-tax) $20,138.91 Sales tax $279,995.91 National City's total cost for equipment It has been determined that the City of Los Angeles bid fully complies with Section 11 of Ordinance #1480, and that it would be in the City's best interest to take advantage of this opportunity. FINANCIAL STATEMENT: 1) $280,000 in CDBG funds were authorized, and will be distributed in equal amounts of $56,000 per year for 5 years. Account #301-409-500-598-1217 2) See related agenda item from Finance Director regarding lease finance agreement 3) An additional $839.99 is required to obtain a Performance Bond and will be paid out of interest earnings account #250-00000-3300 from the Fire Station Construction Money Market Account. To date, the Money Market account has interest earnings of $22,711.18. 4) Total amount of Purchase Order will be $280,835.90 -Pg 1- RESOLUTION NO. 2004 — 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM PIERCE MANUFACTURING, INC., AND AUTHORIZING THE PURCHASE OF ONE TRIPLE COMBINATION PUMPER FOR THE FIRE DEPARTMENT WHEREAS, the City desires to purchase a Triple Combination Pumper for the Fire Department; and WHEREAS, the Purchasing Agent has determined that the bidding procedures followed by the City of Los Angeles fulfill the competitive bidding requirements of Section 2.60.260 of the National City Municipal Code, and that it would be advantageous to take advantage of the City of Los Angeles's bidding procedures for the purchase of this equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for a Triple Combination Pumper to the lowest responsive, responsible bidder, to wit: SOUTH COAST FIRE EQUIPMENT BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City a purchase order between South Coast Fire Equipment and the City of National City for a Triple Combination Pumper for the Fire Department. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of • '---e'wontraot city of Los . sties Purchasing Agent 1116. 1ST OTR - ROOM 110 LOS ANGELES CA 90012 Vendor; 0000034780 MOO AM RICAN DR PIERCE MANUFACTURING INC APPLET N WI 54915 Los Angeles1 Morin Purchase Order Cf‘dige po 44. 1(6311 co Purchase Order Data Rev. Date 000014197 8 57925 etto02 1 BUM payment Terms Freat Terms Ship Via Net 20 FOB Deetklation VEN CHOIO Ship To: PRE SUPPLY & MAINTENANCE 140 N. AVENUE 19 LOS ANGELES CA 90031 es To; CRY of Loa Angeles Supply $um., Accounts Payable Subject Purchase Order has been modified as follows: Los Angeles CA 90012 55,5 Ramirez St, Space 112 ),Ine-Schd Item 1-1 Oaectioden 1500 GAM. comeariNnor4 APPAINKIVO emu PPOc8onnQ,FD 1eon-i81149014.1W 11/01. Caterpillar Enginee TIMPLE Contract ID: 57925 . *meat Lbw 1 " The new Nil Mot reflects discounts as follows: $3,600 for Chassis Ott for Fim Pump $450 Detroit Diesel Engine Total of FrOMInsist Discounts $4,438-00 . t Original UnIt PriCe $221,820.00 Minus Discounts - 4001.00 New Unit Prim $317,192.00 2 - 1 independent Suspension oPtIon Quantity U.OM PO Price Exsanded.AmtDuB Del 11.00 -EA 217192 3,4119,t1240 0WE8(2( Gagio Tam 0.117A1g1.74. Schedule Total 9,779,982.74 Item Total 2.775.983.74 Contract I): 57925 Contract Line: 1 Questions regarding this order may be referred to Connie Ent 213-485-6103. Prepayment discounts stated on contract 57925. 7.00 EA 8782 Sales Taro Schedule Tobd 47,474.00 08/28/200; 21911181 6149161 ROM Tom al 390 61 Total PC Amount 3,828,354.35 r Purchasing Agent, City of an An9eies, CaJIfrna Unless otherwise stated, all terms, conditions and specifications of Purchase Order remain unchanged. 20 'd 2S:8 ZOOZ 8 Inc 2668-S8V -217:xp4 AITIA1.1 ••," • - December 11, 2003 City of National City 333 East 16th St. National City, CA 91950 i Proposal for Furnishing Fire Apparatus The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc. at its corporate office in Appleton, Wisconsin, the apparatus and equipment herein name for the following prices. One (1) Pierce 1500 GPM Triple Combination Pumper mounted on an Pierce Custom Arrow XT chassis as per the enclosed proposal for the delivered sum of ..$ 267,694.00 Discount for paying upon award of purchase order Contract amount less tax - 7,837.00 Sales Tax on the above amount $ 259,857.00 Total contract price 20.138 91 $ 279, 995.91 Said apparatus and equipment are to be built an shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, -materials, or other causes beyond our control not preventing, within about 5 months after receipt if to at National City, California. this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered The specifications herein contained shall form a changes desired the �� of the final contract, and are subject to by purchaser, provided such alterations are interlined prior to the acceptance by the company or the order to purchase, and provided such alternations do not materially affect the cost of the construction of the apparatus. The proposal for the fire apparatus conforms with all Federal Department rules and regulations in effect at the time of Initial u Nationalof Transportation (DOT) Association (NFPA) Guidelines for Automotive Are purchase, with all Fire of initial purchase, except where modified by customer Apparatus as published at the time of initial first party because of future changes in or additions to said DOT ory NFPAstansed chdswill be passed along to the customers as an addition to the price set forth above. Unless accepted within sixty (60) days form date, the right is reserved to withdraw this proposition. PIERCE UFACTURING, INC. B Sales Re • resentative Kevin M. Newell 4a-"Leit_Se> We Build Confidence REMARKS AND DISCOUNTS CITY OF NATIONAL CITY National City, CA December 11, 2003 60 10 OS r' 1. If the City of National City desires to pay for the chassis upon delivery to Pierce Manufacturing Inc. $ 5,004.00, would be deducted from the final invoice. This will be considered as a payment towards the total contract price. Pierce Manufacturing, Inc. will carry adequate insurance on said chassis while it is in its hands and until delivery and acceptance by the City of National City. This payment would be due approximately 90 days before delivery. Disregard if full prepayment is made. 2. The complete apparatus will be manufactured by Pierce Manufacturing Co. of 2600 American Drive, Appleton, Wisconsin 54913 3. Only parts that are exclusive Pierce are the cab and body fabrications. 4. If this apparatus or any other piece of fire apparatus of the City of National City requires service, Pierce Manufacturing Regional Service Center will be available to provide all your service needs. 5. If Pierce is awarded the contract, a detailed blueprint of each unit will be furnished to the City of National City for approval by the Fire Chief; or some designated person prior to construction of the apparatus. 6. if the City of National City desires to make a prepayment towards the total price of the apparatus, Pierce Manufacturing, Inc., will discount the price -in the amount which would be equal to interest at 4.0% per annum on _said prepayment from the date of receipt until delivery of the individual contract items. No discount shall be allowed on any advance payment which may be due for the chassis as provided for herein. SOUTH COAST FIRE EQUIPMENT, INC. 2020 South Baker Ave. Ontario, CA 91761 909-673-9900 FAX 909-673-9700 December 18, 2003 Captain Skip Holloway National CityFireDepartment 333 East 16 Street National City, CA 91950 Dear Captain Holloway, Enclosed you will find the proposal for your pending purchase of fire apparatus. Because each fire department has their particular needs, no two apparatus are exactly alike. Therefore, attached are the major changes from that of the City of Los Angeles order. Following this letter are the purchase order from the City of Los Angeles and the permission for other agencies to purchase from their order. The total purchase order from Los Angeles is $ 323,974.00 your purchase price is $267,694.00 a difference of $ 56, 280.00 the following is a list of changes to get to your price. Total of ten less persons for the inspection trips $ 8,000.00 Foam Pro 2001 foam system $ 12,143.00 Foam tank $ 1,235.00 Federal Q2B Siren $ 2,577.00 Side cab compartments $ 4,686.00 Storm Mountain Fire Curtains $ 6,897.00 As built electrical diagrams $ 1,436.00 Special body design and compartments $ 4,480.00 Direct tank fills each side of pump $ 2,151.00 Wood ladders $ 4,326.00 Special body options and grating $ 4,009.00 Special plumbing, outlets and monitor $ 4.340.00 Total $56,280.00 The changes that you have made to the LA contract has created a practical piece of apparatus for the City of National City. Respectfully yours evin M. Newell City of National City, California COUNCIL AGENDA STATEMENT February 17, 2004 LETING DATE *Refer to Item #2 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION TO APPROVE LEASE FINANCING FOR THE PURCHASE OF A FIRE APPARATUS PREPARED BY Marylou Matienzo Director of Finance DEPARTMENT Finance Ext. 4331 EXPLANATION In conjunction with the purchase of a Fire Apparatus, staff has requested six (6) proposals from different lease financing vendors. Please refer to the attached summary of proposals. Of the six (6) proposals, staff has selected Ashford Capital Corporation because of its lowest interest rate, financing commitments and delivery requirements. The term of the lease financing is for 5 years at 2.928% for a monthly principal and interest payment of $5,009.63. In order to take advantage of the $7,837 discount, the leasing agent Ashford Capital will pay the entire invoice approximately 20 days after issuance of the purchase order. A performance bond will be provided by Pierce Manufacturing to Ashford Capital and the City to guarantee the delivery of the Fire Apparatus within 5 months after receipt of order. Environmental Review NIA Financial Statement Approved By: Finance Dire The amount of $280,000 spread out in equal $56,000/year for 5 years is budgeted under CDBG No. 301-409-500-598-1217. An additional $20,577.80 for finance charges will be paid out of interest earnings account no. 250-00000-3300 from the Fire Station Construction Money Market Account. To date, the Money Market account has interest earnings of " tllit No, STAFF RECOMMENDATION Staff recommends to award the Lease Financing Contract to Ashford Capital Corporation. BOARD / COMMISSIO jEC ENDATION /1 ATTACHMENTS ( Listed Below Lease Proposal Summary Master Lease Agreement & Resolution Resolution N®, 2004-21 A-200 (9199) RESOLUTION NO. 2004 — 21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ASHFORD CAPITAL CORPORATION FOR LEASE FINANCING FOR THE PURCHASE OF A TRIPLE COMBINATION PUMPER FOR THE FIRE DEPARTMENT WHEREAS, in conjunction with the Purchasing Agent's purchase of a Triple Combination Pumper from South Coast Fire Equipment for the Fire Department, the Finance Department has received proposals from six different lease financing vendors; and WHEREAS, after reviewing all proposals, staff recommends Ashford Capital Corporation because of it offers the lowest interest rate, financing commitments and delivery requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a lease financing agreement with Ashford Capital Corporation for the purchase of a Triple Combination Pumper from South Coast Fire Equipment for the Fire Department. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eser, III City Attorney January 28, 2004 PROPOSAL TO FINANCE FIRE EQUIPMENT TYPE OF FINANCING: Lease purchasing financing, subject to annual appropriation Equipment: Fire Equipment Financing Amount: $279,995.91 Bank -Qualified: Yes 1. Ashford Capital Corporation 3880 Downing Lane Atlanta, GA 30319 Ph: (404) 943-1127 Fax: (404) 236-0684 Contact: Dennis M. McDermott, President mcdermottdm@bellsouth.net Term (5) years (7) years (10) years Additional Comments Interest Rate 2.928% 3.245% 3.645% The interest rate quoted herein is firm for a closing through. March 5, 2004, and thereafter will be subject to change depending on market conditions. If an escrow account is established, a set up fee of $500 will be assessed. This fee can be paid from any interest earnings on the escrow account. This proposal is subject to final credit review and documentation. Payment Mode Monthly in advance Monthly in advance Monthly in advance Payment $5,009.63 $3,720.61 $2,779.38 2. Republic First National 3815 River Crossing Parkway, Suite 100 Indianapolis, IN 46240 Ph: (800) 700-7878 Fax: (800) 865-8517 Contact: Angie Deming adenring(2 republicftrstnational.com Option # 1 Term (5) years (7) years (10) years Additional Comments Interest Rate Factor 3.62% .01819 3.94% .01360 4.34% .01025 Delivery date June 2004, Progress or Prepayments Due: None. The first payment is due upon documentation. The lease is to be executed within 14 days of the equipment purchase contract. The quote is subject is acceptance of our documentation and credit approval. Payment Mode Monthly in advance Monthly in advance Monthly in advance Payment $5,093.70 $3,807.44 $2,869.55 Payments and rates reflect pre -application of escrow earnings and manufacturer discounts (if any); and are based upon vendor payments being made no earlier than above dates. Rates are subject to change with Treasury Bills of like -maturity prior to funding. The lease must qualify for Federal Income Tax Exempt status for the Lessor. • 1 option in Term (5) years (7) years (10) years Additional Comments Interest Rate Factor 3.62% .01847 3.94% .01382 4.34% .01044 Delivery date June 2004. Progress or Prepayments Due: None. First Lease Payment Due: June, 2004. The lease is to be executed within 14 days of the equipment purchase contract. The quote is subject is acceptance of our documentation and credit approval. Payment Mode Monthly in advance Monthly in advance Monthly in advance Payment $5,171.06 $3,870.41 $2,921.79 Payments and rates reflect pre -application of escrow earnings and manufacturer discounts (if any); and are based upon vendor payments being made no earlier than above dates. Rates are subject to change with Treasury Bills of like -maturity prior to funding. The lease must qualify for Federal Income Tax Exempt status for the Lessor. 3.. Municipal Services Group, Inc. 800 Bellevue Way NE Bellevue, WA 98004 Ph: 1-877-305-0778 (toll -free) 425/646-4805 (fax) Contact: Michael Hill 425/830-0296 cell) mikehAmunibank.com (7) years (10) years Additional Comments Term (5) years Interest Rate 3.57% 3.92% 4.17% These rates are based on current market conditions and are subject to the following: Credit approval of the City's previous (2) years' annual audited financial statements, proper execution of mutually Factor .018505 .013775 .010275 acceptable documentation, Opinion of City's Counsel, which shall agree that the agreement is legal, valid and binding and qualified as a tax-exempt obligation under the Tax Reform Act of 1986, that Treasury Note Index 121.02% 112.86% 105.04% the transaction% Bank Qualified, therefore includable within the, $10 million total in financing for the City for the calendar year, and valid through February 26, 2004. Payment Monthly in Monthly in Monthly in Mode advance advance advance Payment Total $5,087.25 $3,804.48 $2,847.60 Will deposit sufficient funds into an acquisition account upon commencement of the agreement to facilitate this purchase. The portfolio allocation provides fully collateralized and liquid funds for into the Amount Less Amount Financed $305,235.70 $319,576.29 $341,712.49 vendor settlement, and the quoted interest rate reflects an integration of escrow earnings payment stream. The account is established and maintained for the City, with disbursements made NOTE: No fees are assessed for establishing, managing, or disbursing funds. the City's discretion. Financing $279,995.91 $279,995.91 $279,995.91 Cost $25,239.79 $39,580.38 $61,716.58 2 4. Saulsbury Hill Financial 1614 15th Street — 3rd Floor Denver, CO 80202-1304 103 tracvm cr,saulhill.com VOX: 303-629-8777 FAX: 303-629-7689 David J. Clamage x 102 davidc a,saulhill.cotn Tracy Moulton x Dennis C. Haynes 602-508-1889 dennish(at,saulhill.com Term (5) years (7) years (10) years Additional Comments Interest 3.267% 3.613% 3.887% Vendor: TBD. Municipal Lease Purchase Agreement; Pre -payable at any time; cancelable for non - appropriation; and $1 End of Term Purchase Option. Payment Mode Monthly in advance Monthly in advance Monthly in advance For your convenience, we will.likely use lease documentation we've deployed with your City before. Payment $5,064.44 $3,777.53 $2,819.81 All quotes and rates are subject to change with prevailing market conditions and are contingent upon the credit approval of the Lessee. This quote does not constitute an approval of any transaction. 5. Oshkosh Capital Two Miranova Place Columbus, OH 43215 Ph: 800-820-9041 Fax: 800-678-0602 Contact: Kim Simon, ext 1 Cell # 1-614-668-1011 kim.simon(�doshkoshcapital com OPTION # 1 Term (5) years (7) years (10) years Additional Comments Interest Rate 4.27% 4.55% 4.93% Tax-exempt Lease Purchase Agreement with $1.00 buyout option at end of lease term. Said agreement shall be a net lease arrangement whereby lessee is responsible for all costs of operation, maintenance, insurance, and taxes. Payment Mode Monthly in advance Monthly in advance Monthly in advance This proposal assumes that the lessee will not be issuing more than $10 million in tax-exempt debt this calendar year. Furthermore, it is assumed that the lessee will designate this issue as a qualified tax-exempt obligation per the tax act of 1986. Payment $5,172.33 $3,883.78 $2,948.11 Lease commencement date by Feb 6 First payment at lease commencement. OPTION #2 Term (5) years (7) years (10) years Additional Comments Interest Rate 4.37% 4.65% . 5.03% Oshkosh Capital shall pay the equipment vendor(s) upon execution of the lease documentation. Lessee shall execute and deliver to Oshkosh Capital, a final receipt certificate, once the equipment has been delivered. Payment Mode Monthly in advance Monthly in advance Monthly in advance This proposal will automatically expire at the end of business on lease commencement dates listed. All lease documents must be fully executed and to the satisfaction of Oshkosh Capital prior to such date. After February 20, Oshkosh Capital reserves the right to adjust the interest rate to market conditions. Payment $5,184.55 $3,896.45 $2,961.48 Lease commencement date by Feb 20, first payment due date at lease commencement. A 3 Insurance: The lessee shall furnish confirmation of all risk physical damage insurance coverage for the full cost of the property plus $1 million combined single limit property damage and bodily injury insurance covering the property. Oshkosh Capital shall be named as loss payee and additional insured on such coverage. Authorized Signors: The lessee's governing board shall provide Oshkosh Capital with its resolution or ordinance authorizing this agreement and shall designate the individual(s) to execute all necessary documents used herein. Legal Opinion: The lessee's counsel shall furnish Oshkosh Capital with an opinion covering this transaction and the documents used herein. This opinion shall be in a form and substance satisfactory to Oshkosh Capital. Legal Title: Legal Title to the equipment during the lease term shall vest in the lessee, with Oshkosh Capital perfecting a first security interest through uniform commercial code filing or any other such instruments as may be required by law. Upon performance of the terms and conditions of the lease agreement, the lessee shall have the option. to purchase all equipment for $1.00 This proposal is subject to final credit approval by Oshkosh Capital and approval of the lease documents in Oshkosh's Capital's sole discretion. To render a credit decision, lessee shall provide Oshkosh Capital with their most recent two years' audited financial statements and a copy of their next year's budget. 6. Koch Financial Corporation Blair Swain, Director 17767 N. Perimeter Drive, Suite 101 Scottsdale, AZ 85255 Ph: 866-545-2327 Fax: 480-419-3603 e-mail: blair..swain@kochfinancial.com (7) (10) years Additional Comments Term Interest Rate (5) years 3.68% years 3.99% 4.38% The interest rates proposed are submitted as firms bid through February 27, 2004 and subject to indexation thereafter. Funding Date: TBD. Prepayment Terms: On any payment date as shown on the attached schedule. Payment Mode Monthly in advance Monthly in advance Monthly in advance Fees or Closings Costs: None other than those listed herein, however the City will be responsible for any fees or expenses with respect to (i) the issuing costs, (ii) bond counsel, and (iii) the City's legal counsel, if any. Koch is willing to finance any expenses related to closing the transaction. Payment $5,100.57 $3,813.24 $2,875.17 Documentation: It is anticipated that the transaction will be documented via a lease and related documents provided by Koch. This proposal is subject to the negotiation of all final lease documents and additional documentation which may be required. . 4 [LESSEE] INDEX TO LEGAL DOCUMENTS BANK -QUALIFIED NON -ESCROW Master Lease Agreement; Exhibit A - Equipment Schedule No. 01; Acceptance Certificate; Payment Schedule; Exhibit B-1 - Tax Agreement and Arbitrage Certificate; Exhibit C - Resolution of Governing Body; Exhibit D - Incumbency Certificate; Exhibit E - Opinion of Counsel; Exhibit F — Omitted Intentionally; Exhibit G-1 Confirmation of Outside Insurance; Exhibit G-2 Questionnaire for Self -Insurance to Lease and Addendum; UCC Financing Statements with attached Schedule A; Form 8038-G. 02/09/04: BQ-NESC. DOC/rev.5/00/cIc P5 MASTER LEASE AGREEMENT LEASE NUMBER [01] This MASTER LEASE AGREEMENT (the "Agreement"), dated as of [DATE] is made and entered into by and between [Lessor], a corporation, as lessor (the "Lessor"), and [LESSEE], a political subdivision of the State of [STATE], as lessee ("Lessee"). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS Section 1.1. Definitions. The following terms have the meanings specified below. "Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the delivery, installation and acceptance of Equipment. "Agreement" means this Master Lease Agreement and all Equipment Schedules hereto. "Agreement Date" means the date first written above. "Code" means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. "Date Affected Information Technology" means a system comprised of one or more components including computer hardware, computer software or equipment with computerized functions, which reads, produces or processes date data by input, output or otherwise. "Equipment" means all items of property described in Equipment Schedules and subject to this Agreement. "Equipment Group" means each group of Equipment listed in a single Equipment Schedule. "Equipment Schedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipment Group. "Escrow Account" means the equipment acquisition account established by Lessor and Lessee with the Escrow Agent pursuant to the Escrow Agreement, if applicable. • "Escrow Agent" means N/A , a N/A banking corporation, and any successor escrow agent under the Escrow Agreement . "Escrow Agreement" means the Escrow Agreement, if applicable, substantially in the form of Exhibit F hereto, to be executed by Lessor, Lessee and the Escrow Agent upon the first funding of an Equipment Schedule using the procedure described in Section 2.4. "Events of Default" means those events described in Section 12.1. "Fiscal Year" means each 12-month fiscal period of Lessee. "Fully Date Capable" means the ability to correctly process date data (including, but not limited to, reading, producing, calculating, comparing, and sequencing date data) from, into, and between the twentieth and twenty-first centuries) without material degradation in performance and without unusual intervention, including correct and continuous processing during the transition between 1999 and 2000, and correct processing if leap years. "Funding Date" means, with respect to each Lease, the date Lessor makes payment to the Vendor(s) named in the related Equipment Schedule or reimburses Lessee for the purchase price of the related Equipment Group or, if the procedure described in Section 2.4 is utilized, the date Lessor deposits funds equal to such purchase price into the Escrow Account. "Interest" means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule. "Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall constitute a separate contract between Lessor and Lessee relating to such Equipment Group. "Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule. "Lease Term" means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section 3.1. "Net Proceeds" means any insurance proceeds or condemnation awards paid with respect to any Equipment remaining after payment 2 02/09/04:BQ-NESC.DOC/rev. S/00/cic P6 therefrom of all expenses incurred in the collection thereof. "Non -Appropriation" means the failure of Lessee, Lessee's governing body, or, if applicable, the governmental entity from which Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of 11 of Lessee's obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years. "Payment Date" means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule. "Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule. "Principal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule. "Prepayment Price" means the amount so designated and set forth opposite a Payment Date in a Payment Schedule indicating the amount for which Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Payment due on such Payment Date. "Rental Payment" means each payment due from Lessee to Lessor on a Payment Date. "Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor. "State" means the state or commonwealth in which Lessee is situated. "Vendor" means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the manufacture, delivery and/or installation of the Equipment. Section 1.2. Exhibits. Exhibit A: Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule. Exhibit B-I: Form of Tax Agreement and Arbitrage Certificate. Exhibit C-1: Form of Resolution of the Governing Body of Lessee relating to each Lease. Exhibit D: Form of Incumbency Certificate as to each officer or representative of Lessee executing this Agreement or any Lease. Exhibit E: Form of Opinion of Independent Counsel to Lessee. xhibit F: Omitted Intentionally. Exhibit G-1: Form of Confirmation of Outside Insurance. Exhibit G-2: Form of Questionnaire for Self -Insurance and Addendum to Equipment Schedule Relating to Self -Insurance. ARTICLE II. LEASE OF EQUIPMENT Section 2.1. Acquisition of Equipment. Prior to the addition of any Equipment Group, Lessee shall provide Lessor with a description of the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and the desired lease terms for such equipment, and such other information as the Lessor may require. If Lessor, in its sole discretion, determines the proposed equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule relating to the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no commitment to lease any equipment to Lessee. Section 2.2. Disbursement. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee for any payment made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized, consent to a disbursement by the Escrow Agent) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a completed Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (c) a resolution or evidence of other official action taken by or on behalf of the Lessee to authorize the acquisition of the Equipment Group on the terms provided in such Equipment Schedule; (d) a Tax Agreement and Arbitrage Certificate in the form of Exhibit B-1 (as applicable) attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII of this Agreement; (f) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment Group, and if such invoices have been paid by Lessee, evidence of payment thereof and evidence of official intent to reimburse such payment as required by the Code; (g) fmancing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is part of such Equipment Group and is subject to certificate of title laws; (h) a completed and executed Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Secretary of Treasury; (i) an opinion of counsel to the Lessee substantially in the form of Exhibit E hereto, and (j) any other documents or items reasonably required by Lessor. Section 2.3. Lease; Possession and Use. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth herein. Lessee shall have quiet use and enjoyment of and peaceably have and hold each quipment Group during the related Lease Term, except as expressly set forth in this Agreement. Section 2.4. Escrow Procedure. If Lessor and Lessee agree that the cost of an Equipment Group is to be paid from an Escrow Account: 02/09/04: BQ-NESC. DOC/rev.5/00/cl c 3 P7 (a) Lessor and Lessee shall execute an Escrow Agreement substantially in the form of Exhibit F; (b) Lessor and Lessee shall execute an Equipment Schedule relating to such Equipment Group; and (c) Lessor shall deposit an amount equal to the cost of the Equipment Group into the Escrow Account. All amounts deposited by Lessor into the Escrow )Account shall constitute a loan from Lessor to Lessee which shall be repaid by the Rental Payments due under the related Lease. ARTICLE III. TERM Section 3.1. Term. This Agreement shall be in effect from the Agreement Date until the earliest of (a) termination under Section 3.2 or (b) termination under Section 12.2; provided, however, no Equipment Schedules shall be executed after any Non -Appropriation or Event of Default. Each Lease with respect to an Equipment Group shall be in effect for a Lease Term commencing upon the Lease Date and ending as provided in Section 3.5. Section 3.2. Termination by Lessee. In the sole event of Non -Appropriation, this Agreement and each Lease hereunder shall terminate, in whole, but not in part, as to all Equipment effective upon the last day of the Fiscal Year for which funds were appropriated, in the manner and subject to the terms specified in this Article. Lessee may efect such termination by giving Lessor a written notice of termination and by paying to Lessor any Rental Payments and other amounts which are due and have not been paid at or before the end of its then current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as provided in this Section, Lessee shall comply with the instructions received from Lessor in accordance with Section 12.3. Section 3.3. Effect of Termination. Upon termination of this Agreement as provided in Section 3.2, Lessee shall not be responsible for the payment of any additional Rental Payments coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions received from Lessor in accordance with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and for any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. Section 3.4. Non -substitution. If this Agreement is terminated by Lessee in accordance with Section 3.2, to the extent permitted by State law, Lessee agrees not to purchase, lease, rent, borrow, seek appropriations for, acquire or otherwise receive the benefits of any personal property to perform the same functions as, or functions taking the place of, those performed by any of the Equipment, and agrees not to permit such functions to be performed by its own employees or by any agency or entity affiliated with or hired by Lessee, for a period of one year following such termination; provided, however, these restrictions shall not be applicable in the event the Equipment shall be sold by Lessor and the amount received from such sale, less all costs of such sale, is sufficient to pay the then applicable Prepayment Prices relating thereto as set forth in the Equipment Schedules; or to the extent theapplication of these restrictions is unlawful and would affect the validity of this Agreement. Section 3.5. Termination of Lease Term. The Lease Term with respect to any Lease will terminate upon the occurrence of the first t!f the following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of the Prepayment Price by Lessee pursuant to Article V; (c) an Event of Default by Lessee and Lessor's election to terminate such Lease pursuant to Article XII; or (d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease. ARTICLE IV. RENTAL PAYMENTS Section 4.1. Rental Payments. The Lessee agrees to pay the Rental Payments due as specified in the Payment Schedule in Exhibit A. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest accruing from the Funding Date. Lessor is authorized to insert the due date of the first Rental Payment in the Payment Schedule in Exhibit A. All Rental Payments shall be paid to Lessor, or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefor. Section 4.2. Current Expense. The obligations of Lessee, including its obligation to pay the Rental Payments due in any Fiscal Year of a Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the Equipment) to the payment of any Rental Payment or other amount coming due hereunder. Section 4.3. Unconditional Rental Payments. The Lessee's obligation to make Rental Payments shall be absolute and unconditional. Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim against its obligation to make these payments. Lessee's obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. 4 02/09/04 BQ-NESC.DOC/rev.5/00/cic P8 ARTICLE V. OPTION TO PREPAY Section 5.1. Option to Prepay. Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date for the then applicable Prepayment Price (which shall include a prepayment fee) as set forth in the related Payment chedule, provided there has been no Non -Appropriation or Event of Default. election 5.2. Exercise of Option. Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment Date on which the option shall be effective) and the applicable Prepayment Price set forth in the related Payment Schedule. In the event that all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise of shall be void and the related Lease shall continue in full force and effect. Section 5.3. Release of Lessor's Interest. Upon receipt of the Prepayment Price in good funds with respect to any Equipment Group, the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor. ARTICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS Section 6.1. Representations and Warranties of Lessee. Lessee represents and warrants as of the Agreement Date and as of each Lease Date as follows: (a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing urfder the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement, each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and each Lease. (b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary action of Lessee's governing body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement, each Lease and the acquisition and financing of the Equipment by Lessee. (c) This Agreement and each Lease have been duly executed and delivered by and constitutes the valid and binding obligation of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and each Lease by Lessee shall not (i) violate any State or federal w or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this Agreement or any Lease or any other action wherein an unfavorable ruling or finding would adversely affect the enforceability of this Agreement or any Lease. (f) No lease, rental agreement, lease -purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (g) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current Fiscal Year, and such moneys will be applied in payment of all Rental Payments due and payable during such current Fiscal Year. (h) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. Lessee presently intends to continue each Lease hereunder for its entire -Lease Term and to pay all Rental Payments relating thereto. (i) Lessee has undertaken reasonable efforts to determine whether all material Date Affected Information Technology used in its operations is Fully Date Capable, and, to the extent necessary, Lessee has initiated efforts to make Date Affected Information Technology Fully Date Capable prior to the date that the failure to be Fully Date Capable would aversely affect the operation thereof. Section 6.2. Covenants of Lessee. Lessee agrees that so long as any Rental Payments or other amounts due under this Agreement remain unpaid: (a) Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or regulation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all permits and licenses necessary for the installation and operation of the Equipment. Lessee shall not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition would change or impair the originally intended functions, alue or use of such Equipment. b) Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such 02/09/04: BQ-N ESC. DOC/rev.5/00/cic 5 P9 access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. (c) Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time. Lessee shall reimburse Lessor for any expense incurred by Lessor in order to discharge or remove any such claim. (d) The person or entity in charge of preparing Lessee's budget will include in the budget request for each Fiscal. Year the Rental Payments to become due during such Fiscal Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Fiscal Year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this Agreement does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. (e) Lessee shall assure that its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property, other than the Equipment, and that the Rental Payments will not be directly or indirectly secured by or derived from any payments of any type or any fund other than Lessee's general purpose fund. (I) Upon Lessor's request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the ensuing Fiscal Year and such other financial information relating to the ability of Lessee to continue this Agreement and each Lease as may be reasonably requested by Lessor. (g) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. (h) Lessee has initiated, at its sole expense, and shall maintain a program to: (i) advise Lessor in the event that it has reason to believe that any material Date Affected Information Technology will not be Fully Date Capable prior to the date that the failure to be Fully Date Capable would adversely affect the operation thereof, and (ii) advise Lessor in the event that Lessee has reason to believe that it will be adversely affected by the failure of any affiliated or nonaffiliated entity to have its Date Affected Information Technology Fully Date Capable. (i) Lessee shall provide Lessor, upon request, access to and copies of information necessary to permit Lessor to determine whether Lessee's Date Affected Information Technology is, or will be, Fully Data Capable, including, without limitation: (i) minutes, resolutions and reports to and from Lessee's governing body or committee thereof, (ii) internally generated reports, consultant reports or auditor's report regarding the status of Lessee's Date Affected Information Technology, (iii) all documents relating to a "Year 2000" program, arid (iv) certificates or other statements requested by Lessor regarding status of Date Affected Information Technology. Lessee acknowledges that Lessor's right to receive, and/or Lessor's receipt of, the foregoing information does not impose any obligation on Lessor to assess the accuracy or effect of such information, or to recommend or require remedial action of any kind. Section 6.3. Tax Related Representations, Warranties and Covenants. (a) Incorporation of Tax Agreement and Arbitrage Certificate. As of each Lease Date and with respect to each Lease, Lessee makes each of the representations, warranties and covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect to such Lease. By this reference each such Tax Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement. (b) Event of Taxability. If Lessor either (i) receives notice, in any form, from the Internal Revenue Service or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under any Lease from its Federal gross income (each an "Event of Taxability"), the Lessee shall pay to Lessor upon demand (x) an amount which, with respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (assuming tax at the highest marginal tax rate and taking into account the time of receipt of Rental Payments and reinvestment at the after-tax yield rate) on the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE VII. INSURANCE AND RISK OF LOSS Section 7.1. Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable Prepayment Price of each Equipment Group. Section 7.2. Workers' Compensation Insurance. If required by State law, Lessee shall carry workers' compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. 02/09/04: BQ-N ESC. DOC/rev.5/00/c1c 6 P10 Section 7.3. Insurance Requirements. (a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each insurance policy shall name Lessor ad/or its assigns as an additional insured party and loss payee regardless of any breach of warranty or other act or omission of Lessee and shall include a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Prior to the delivery of Equipment, Lessee shall deposit with Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of all renewals or replacements thereof. (b) Self Insurance. With Lessor's prior consent, Lessee may self -insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor. (c) Evidence of Insurance. Lessee shall deliver to Lessor upon acceptance of any. Equipment evidence of insurance which complies with this Article VII with respect to such Equipment to the satisfaction of Lessor, including, without limitation, the confirmation of insurance in the form of Exhibit G- I attached hereto together with Certificates of Insurance, when available, or the Questionnaire for Self - Insurance and Addendum to Equipment Schedule Relating to Self -Insurance in the form of Exhibit G-2 attached hereto, as applicable. Section 7.4. Risk of Loss. To the extent permitted by applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and agrees to indemnify Lessor from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses, including reasonable attorneys' fees, imposed on, incurred by or asserted against Lessor that relate to or arise out of this Agreement, including but not limited to, (a) the selection, manufacture, purchase, acceptance or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition of the Equipment sold or otherwise disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its covenants or obligations hereunder, (f) any claim, loss, cost or expense involving alleged damage to the environment relating to the Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or judicial decisions of any state or the United States. This provision shall survive the termination of this Agreement. Section 7.5. Destruction of Equipment. Lessee shall provide a complete written report to Lessor immediately upon any loss, theft, damage or destruction of any Equipment and of any accident involving any Equipment. Lessor may inspect the Equipment at any time and from time to time during regular business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair ("Damaged Equipment"), Lessee shall within thirty (30) days after such event either: (a) replace the same at Lessee's sole expense vith equipment having substantially similar Specifications and of equal or greater value to the Damaged Equipment immediately prior to le time of the loss occurrence, such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment. shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or (b) pay the applicable Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule. Lessee shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence. If, within forty-five (45) days of the loss occurrence, (a) Lessee fails to notify Lessor; (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the Damaged Equipment and add the replacement equipment or (c) Lessee has failed to pay the applicable Prepayment Price, then Lessor may, at its sole discretion, declare the applicable Prepayment Price of the Damaged Equipment, to be immediately due and payable. The Net Proceeds of insurance with respect to the Damaged Equipment shall be made available by Lessor to be applied to discharge Lessee' obligation under this Section. ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE Section 8.1. Maintenance of Equipment. Lessee shall notify Lessor in writing prior to moving the Equipment to another address and shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lessee shall, at its own expense, maintain the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such condition including compliance with State and federal laws. Any and all replacement parts must be free of encumbrances and liens. All such replacement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and as such, shall be subject to the terms of this Agreement. Section 8.2. Taxes. Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, the Rental Payments or any part thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor, except as expressly limited by this Section. Lessee shall pay all utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any governmental body that may be secured by a lien on the Equipment. Lessee shall not be required to pay any federal, state or local income, succession, transfer, franchise, profit, excess profit, capital stock, gross receipts, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made as a substitute for any tax, assessment or charge which is the obligation of Lessee under this Section. Section 8.3. Advances. If Lessee shall fail to perform any of its obligations under this Article, Lessor may take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate f 18% per annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. 02109/04:8Q-N ESC. DOC/rev. S/00/cIc 7 P11 ARTICLE IX. TITLE Section 9.1. Title. During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modification shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. Lessor does not own the Equipment and by this Agreement and each Lease is merely financing the acquisition of such equipment for Lessee. Lessor has not been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee or the Lessee's operation, use, storage or maintenance of the Equipment. Section 9.2. Security Interest. Lessee hereby grants to Lessor a continuing, first priority security interest in and to the Equipment, all repairs, replacements, substitutions and modifications thereto and all proceeds thereof and in the Escrow Account (if any) in order to secure Lessee's payment of all Rental Payments and the performance of all other obligations. Lessee will join with Lessor in executing such financing statements or other documents and will perform such acts as Lessor may request to establish and maintain Lessor's valid first lien and perfected security interest. If requested by Lessor, Lessee shall obtain a landlord and/or mortgagee's consent and waiver with respect to the Equipment. If requested by Lessor, Lessee shall conspicuously mark the Equipment, and maintain such markings during the Lease Term, to clearly disclose Lessor's security interest in the Equipment. Upon termination of a Lease through exercise of Lessee's option to prepay pursuant to Article V or through payment by Lessee of all Rental Payments and other amounts due with respect to an Equipment Group, Lessor's security interest in such Equipment Group shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may reasonably request to evidence the termination of Lessor's security interest in such Equipment Group. Section 9.3. Modification of Equipment. Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the Equipment. Section 9.4. Personal Property. The Equipment is and shall at all times be and remain personal property and not fixtures. ARTICLE X. WARRANTIES Section 10.1. Selection of Equipment. Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales representative to manufacture, deliver or install any Equipment for use by Lessee. Section 10.2. Vendor's Warranties. Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, if any, in all Vendor's warranties, guarantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group, and Lessee may obtain the customary services furnished in connection with such warranties and guarantees at Lessee's expense. Lessor has no obligation to enforce any Vendor's warranties or obligations on behalf of itself or Lessee. Section 10.3. Disclaimer of Warranties. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGI'tl, CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE DELIVERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANT -ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT OR LESSEE'S USE OF THE EQUIPMENT. ARTICLE XI. ASSIGNMENT AND SUBLEASING Section 11.1. Assignment by Lessor. Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and Lessor's interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such assignment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Section 11.2. Assignment and Subleasing by Lessee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The occurrence of any of the following events shall constitute an Event of Default under this Agreement and each Lease: (a) Lessee's failure to pay, within ten (10) days following the due date thereof, any Rental Payment or other amount required to be paid to Lessor (other than by reason of Non -Appropriation). (b) Lessee's failure to maintain insurance as required by Article VII. 8 92/09/04:6Q-N Esc. OOGrev.5/00/dc P12 (c) With the exception of the above clauses (a) & (b), Lessee's failure to perform or abide by any condition, agreement or covenant for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration. 'd) Lessor's determination that any representation or warranty made by Lessee in this Agreement was untrue in any material respect pon execution of this Agreement or any Equipment Schedule. (e) The occurrence of an Event of Taxability. (f) The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. Section 12.2. Remedies on Default. Upon the occurrence of any Event of Default, Lessor shall have the right, at its option and without any further demand or notice to one or more or all of the following remedies: (a) Lessor, with or without terminating this Agreement or any Lease, may declare all Rental Payments immediately due and payable by Lessee, whereupon such Rental Payments shall be immediately due and payable. (b) Lessor, with or without terminating this Agreement or any Lease, may repossess any or all of the Equipment by giving Lessee written notice to deliver such Equipment in the manner provided in Section 12.3; or in the event Lessee fails to do so within ten (10) days after receipt of such notice, Lessor may enter upon Lessee's premises where such Equipment is kept and take possession of such Equipment and charge Lessee for costs incurred, including reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion has been destroyed, Lessee shall pay the applicable Prepayment Price of the destroyed Equipment as set forth in the related Payment Schedule. Regardless of the fact that Lessor has taken possession of the Equipment, Lessee shall continue to be responsible for the Rental Payments due during the Fiscal Year. (c) If Lessor terminates this Agreement and/or any Lease and, in its discretion, takes possession and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; (iv) the applicable Prepayment Prices of the Equipment Groups; and (v) the balance of any Rental Payments owed by Lessee during the Fiscal Year then in effect. Any disposition proceeds remaining after the requirements of Clauses (i), (ii), (iii), (iv) and (v) have been met shall be paid to Lessee. (d) Lessor may take any other remedy available, at law or in equity, with respect to such Event of Default, including those requiring Lessee to perform any of its obligations or to pay any moneys due and payable to Lessor and Lessee shall pay the reasonable attorneys' '`es and expenses incurred by Lessor in enforcing any remedy hereunder. Each of the foregoing remedies is cumulative and may be enforced separately or concurrently. Section 12.3. Return of Equipment: Release of Lessee's Interest. Upon termination of any Lease prior to the payment of all related Rental Payments or the applicable Prepayment Price (whether as result of Non -Appropriation or Event of Default), Lessee shall, within ten (10) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Article VIII; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is satisfactory to Lessor; and (c) return such Equipment to a location specified by Lessor, freight and insurance prepaid by Lessee. If Lessee refuses to return such Equipment in the manner designated, Lessor may repossess the Equipment without demand or notice and without court order or legal process and charge Lessee the costs of such repossession. Upon termination of this Agreement in accordance with Article III or Article XII hereof, at the election of Lessor and upon Lessor's written notice to Lessee, full and unencumbered legal title and ownership of the Equipment shall pass to Lessor. Lessee shall have no further interest therein. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title and ownership to Lessor and termination of Lessee's interest in the Equipment. Section 12.4 Late Charge. Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is only applicable to the extent it does not affect the validity of this Agreement. ARTICLE XIII. MISCELLANEOUS PROVISIONS Section 13.1. Notices. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at its address specified beneath each parry's signature, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1. Section 13.2. Binding Effect. This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments under any Lease. • section 13.3. Severability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any . urt of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 13.4. Entire Agreement; Amendments. This Agreement constitutes the entire agreement of the parties with respect to the 02/09/04:BQ-NESC DOC/rev.5/00/cic 9 P13 subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. Section 13.5. Captions. The captions or headings in this Agreement are for ponvenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses hereof. Section 13.6. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. Section 13.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 13.8. Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of Interest or any amount in the nature of Interest or fees in excess of the maximum amount permitted by applicable law. Any such excess Interest or fees shall first be applied to reduce Principal, and when no Principal remains, refunded to Lessee. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest shall be spread through the applicable Lease Term so that the Interest is uniform through such term. Section 13.9. Lessee's Performance. A failure or delay of Lessor to enforce any of the provisions of this Agreement or any Lease shall in no way be construed to be a waiver of such provision. Section 13.10. Waiver of Jury Trial. Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Agreement. 07J09/04:8Q-NESC.DOC/rev.5/00/cic [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 10 1' P14 EXECUTION PAGE OF MASTER LEASE AGREEMENT LEASE NUMBER [01[ IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. [LESSEE], [Lessor], Lessee Lessor By: By: Name: [LESSEE NAME] Name: Title: [LESSEE TITLE] Title: Date: Date: Address: [ADDRESS] Address: [ADDRESS} Telephone: [LESSEE PHONE NO.] Telephone: Facsimile: Facsimile: 02/09/04: BQ-NESC.DOC/rev.5/00/cic 11 P15 EXHIBIT A EQUIPMENT SCHEDULE NO. 01 TO LEASE NO. [01] The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as [DATE] (the "Agreement") between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warrants that no Non -Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occurred under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. EQUIPMENT GROUP The cost of the Equipment Group to be funded by Lessee under this Lease is [FUNDING AMOUNT] (the "Acquisition Cost"). The Equipment Group consists of the following Equipment which has been or shall be purchased from the Vendor(s) named below for the prices set forth below: [DESCRIBE EQUIPMENT GENERALLY; INCLUDE VENDORS AND PRICES] The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Term, Lessee will provide written notice to Lessor: [ADDRESS] [LESSEE], [Lessor], Lessee Lessor By: By: Name: [LESSEE NAME] Name: Title: [LESSEE TITLE] Title: Date: Date: Address: [ADDRESS] Address: Telephone: [LESSEE PHONE NO.] Facsimile: 02/09/04: BQ-NESC. DOC/rev.5/00/cic 12 Telephone: Facsimile: P16 Lease No.: [01] Equipment Schedule: 01 ACCEPTANCE CERTIFICATE 1, the undersigned, hereby certify that I am the duly qualified and acting officer of the Lessee identified below and, with respect to the above referenced Equipment Schedule and Lease, that: 1. The Equipment described below has been delivered and installed in accordance with Lessee's specifications, is in good working order and is fully operational and has been fully accepted by Lessee on or before the date indicated below: [DESCRIBE EQUIPMENT; INCLUDE SERIAL NUMBERS OR OTHER IDENTIFYING INFORMATION; INCLUDE VENDORS AND INVOICE PRICES; MAY BE DONE AS ATTACHMENT] 2. Attached are (a) evidence of insurance with respect to the Equipment in compliance with Article VII of the Agreement; (b) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment, and if such invoices have been paid by Lessee, evidence of payment thereof (evidence of official intent to reimburse such payment as required by the Code having been delivered separately by Lessee); and (c) financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is subject to certificate of title laws. 3. Rental Payments shall be due and payable by Lessee on the dates and in the amounts indicated on the Payment Schedule attached to the Equipment Schedule. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current Fiscal Year of Lessee. Such moneys will be applied in payment of all such Rental Payments due and payable during such current Fiscal Year. Lessee anticipates that sufficient funds shall be available to make all Rental Payments due in subsequent Fiscal Years. 4. Lessee hereby authorizes and directs Lessor to fund the Acquisition Cost of the Equipment by paying, or directing the payment by the Escrow Agent (if applicable) of, the invoice prices to the Vendor(s), in each case as set forth above, or by reimbursing Lessee in the event such invoice prices have been previously paid by Lessee. 5. Final Acceptance Certificate. This Acceptance Certificate constitutes fmal acceptance of all of the Equipment identified in the Equipment Schedule described above. Lessee certifies that upon payment in accordance with paragraph 4 above, or direction to the iscrow Agent (if applicable) to make payment, Lessor shall have fully and satisfactorily performed all of its covenants and obligations under the Lease. [CHECK BOX IF APPLICABLE.] • [LESSEE], Lessee 13 02/09/04:BQ-NESC.DOC/rev.5/00/cic By: Name: [LESSEE NAME] Title: [LESSEE TITLE] Date: P17 Lease Number: [01] Equipment Schedule: 01 PAYMENT SCHEDULE The Funding Date with respect to the above referenced Equipment Group shall be [DATE]. The Annual Interest Rate applicable to the Equipment Group shall be %. Lessee will make Rental Payments each consisting of Principal and Interest as set forth below for a term of years. The first Rental Payment is due on and subsequent payments are due [monthly][quarterly] [semi-annually] [annually] on like date thereafter. Payment Payment Total Principal Interest Prepayment Number Date Payment Component Component Price* * After payment of Rental Payment due on such date. 02/09/04:BQ-NESC. DOC/rev.5/00/cic 14 ILESSEE], Lessee By: Name: [LESSEE NAME] Title: [LESSEE TITLE] Date: • P18 EXHIBIT B-1 [Non -Escrow] Lease Number: [01] Equipment Schedule: 01 TAX AGREEMENT AND ARBITRAGE CERTIFICATE This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by [LESSEE] ("Lessee") in favor of [Lessor] ("Lessor") in connection with that certain Master Lease Agreement dated as of [DATE] (the "Agreement"), by and between Lessor and Lessee. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. Section 1. In General. 1.1 This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the "Equipment") to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the Equipment Schedule referenced above (the "Equipment Schedule") executed under the Agreement (together with all related documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). As described in the Financing Documents, Lessor shall apply [FUNDING AMOUNT] (the "Principal Amount") toward the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and conditions as set forth in the Financing Documents. 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing Documents, a copy of which has been delivered to Lessor. - 1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Schedule. The Principal Amount will be disbursed by Lessor on or promptly after the date of issuance of the Financing Documents to acquire the Equipment. 1.4 Lessee will timely file for each payment schedule issued under the Lease a Form 8038-G (or, if the invoice price of the Equipment under such schedule is less than $100,000, a Form 8038-GC) relating to such Lease with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"). 1.5. Lessee has not issued, and reasonably anticipates that it and its subordinate entities, if any, will not issue, tax-exempt obligations 'including the Lease) in the amount of more than $10,000,000 during the current calendar year. Lessee hereby designates the Lease as a qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code and agrees that it and its subordinate entities, if any, will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Section 2. Non -Arbitrage Certifications. 2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor. 2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a common plan of financing with the Financing Documents and (iii) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents. 2.3. Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment. 2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents. Section 3. Disbursement of Funds: Reimbursement to Lessee. 3.1 It is contemplated that the entire Principal Amount will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied. 3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the )flowing conditions have been satisfied: (a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150-2 (the 02/09/04: BQ-NESC. DOC/rev.5/00/cic 15 P19 "Declaration of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted the Declaration of Official Intent; (b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the expenditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; (c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and (d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treasury Regulation § 1.148-10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements. Section 4. Use and Investment of Funds; Temporary Period. 4.1. Lessee has incurred or will incur, within six months from the date of issuance of the Financing Documents, binding obligations to pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs of the Equipment. An obligation is not binding if it is subject to contingencies within Lessee's control. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment. 4.2. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment by the end of the three-year period commencing on the date of this Certificate. No portion of the Principal Amount will be used to acquire investments that do not carry out the governmental purpose of the Financing Documents and that have a substantially guaranteed yield of four (4) years or more. 4.3. (a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount to the Internal Revenue Service if required by, and in accordance with, Section 148(f) of the Code, and make the annual determinations and maintain the records required by and otherwise comply with the regulations applicable thereto. (b)Lessee reasonably expects to cause the Equipment to be acquired and placed in service within one (1) month of the date of issuance of the Financing Documents. If the entire Principal Amount has not been expended on the Equipment by the date that is the six-month anniversary of the issuance of the Financing Documents, Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in accordance with Section 148(f) of the Code. (c) Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a "private activity bond" under Section 141 of the Code; (iii) at least ninety-five percent (95%) of the Principal Amount is used for the governmental activities of Lessee; and (iv) the aggregate principal amount of all tax-exempt obligations (including the Lease) issued by Lessee and its subordinate entities, if any, during the current calendar year is not reasonably expected to exceed $5,000,000. Accordingly, the rebate requirements of Section 148(f) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above. • Section 5. No Private Use; No Consumer Loan. 5.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more than ten (10%) of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten percent (10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use. In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business Use property or payments as described above, then the excess over such five percent (5%) (the "Excess Private Use Portion") will be used for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which such Excess Private Use Portion is related. For purposes of this paragraph 5.1, "Private Business Use" means use of bond proceeds or bond financed -property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public. 5.2. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or finance any loans to non- governmental entities or to any governmental agencies other than Lessee. Section 6. No Federal Guarantee. 6.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof. 6.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code. 02/09/04:8Q-N ESC. DOC/rev.5/00/cic 16 P20 Section 7. Miscellaneous. 7.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section I49(a) of the Code unless Lessor or its assignee agrees to act as essee's agent for such purpose. i.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings thereon for a period of five years after payment in full under the Financing Documents. 7.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of [DATE]. [LESSEE], Lessee By: Name: [LESSEE NAME] Title: [LESSEE TITLE] 17 02/09/04: BQ-NESC. DOC/rev.5/00/cic P21 EXHIBIT C [Non -Escrow] Lease Number: [01] Equipment Schedule: 01 RESOLUTION OF GOVERNING BODY At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the day of , , the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of [LESSEE] ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease") with [Lessor], the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordancewith such Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with [Lessor] substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The of Lessee and any other officer of Lessee who shall have power to execute contracts Elan behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Lease. Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(6)(3) of the Code. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. Date: 02/09/04: BQ-NESCDOC/rev.5/00/cic 18 [LESSEE], Lessee By: (Signature of Secretary, Board Chairman or other member of the Governing Body) Name: Title: Attested By: (Signature of one additional person who can witness the passage of this Resolution) Name: P22 Title: O2/09/04 BQ-NE S C. DOC/rev.5/00/c i c 19 P23 EXHIBIT D Lease No.: [01] Equipment Schedule: 01 INCUMBENCY CERTIFICATE I do hereby certify that I am the duly elected or appointed and acting of [LESSEE], a political subdivision duly organized and existing under the laws of the State of [STATE], that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Master Lease Agreement dated as of [DATE] between such entity and [Lessor] NAME TITLE SIGNATURE [LESSEE NAME] [LESSEE TITLE] IN WITNESS WHEREOF, I have duly executed this certificate as of this day of 02/09/04BQ-NESC.DOC/rev.5/00/cIc By: Name: Title: Board Secretary or Clerk 20 • P24 EXHIBIT E [Lessor] [LETTERHEAD OF LESSEE'S COUNSEL] [DATE OF LEASE] Re: Master Lease Agreement dated as of [DATE] (the "Agreement") by and between [Lessor] ("Lessor") and [LESSEE] ("Lessee") Ladies and Gentlemen: We have acted as counsel to Lessee with respect to the Agreement described above and various related matters, and in this capacity have reviewed a duplicate original or certified copy thereof and Equipment Schedule No. 01 executed pursuant thereto (together with the Agreement, the "Lease"). The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of these and such other documents as we have deemed relevant, it is our opinion that: 1. Lessee is a political subdivision of the State of [STA FE] (the "State") within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has the power under applicable law to enter into the Lease, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Lease has been duly authorized, executed and delivered by and on behalf of Lessee, and is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 4. The authorization and execution of the Lease and all other proceedings of Lessee relating to the transactions intemplated thereby have been performed in accordance with all applicable open meeting, public records, public bidding and all other ,aws, rules and regulations of the State. 5. The execution of the Lease and the appropriation of moneys to pay the Rental Payments coming due thereunder do not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. ' 6. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper authorization and/or execution of the Lease or the documents contemplated thereby, the appropriation of moneys to make Rental Payments under the Lease for the current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. To the best of our knowledge, no such litigation, action, suit or proceeding is threatened. 7. The Equipment is personal property, and when used by Lessee will not be or become fixtures under the laws of the State. 8. Resolution No. of the governing body of Lessee was duly and validly adopted by such governing body on , and such resolution has not been amended, modified, supplemented or repealed and remains in full force and effect. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. 02/09/04:BQ-NESC.DOC/rev.5/00/cic Very truly yours, (type name and title under signature) 21 P25 EXHIBIT G-1 Lease No.: [01] Equipment Schedule: 01 DATE: TO: Insurance Agent Name & Address Phone Number and Fax Number Gentlemen: [LESSEE] has entered into a Master Lease Agreement dated as of [DATE] with [Lessor]. In accordance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming [Lessor] and/or its assigns as Loss Payee. The Coverage Required is [FUNDING AMOUNT] b. Public Liability Insurance evidenced by a Certificate of Insurance naming [Lessor] and/or its assigns as Additional Insured. The following minimum coverage is required: Liability: $ 500,000.00 per person Liability - Bodily Injury: $1,000,000.00 aggregate Liability - Property Damage: $1,000,000.00 property damage liability PROPERTY: LOCATION: Upon issuance of the coverage outlined above, please mail a certificate of insurance to [Lessor]. Your courtesy in issuing and forwarding the requested certificate at ypur earliest convenience will be appreciated. Very truly yours, [LESSEE] By: Name: [LESSEE NAME] Title: [LESSEE TITLE] Date: 02/09/04: BQ-NESC.DOC/rev.5/00/cic 22 P26 EXHIBIT G-2 Lease Number: [01] Equipment Schedule: 01 QUESTIONNAIRE FOR SELF-INSURANCE TO MASTER LEASE AGREEMENT In connection with the Master Lease Agreement (the "Agreement"), dated as of [DATE], made and entered into by and between [Lessor], as Lessor (the "Lessor"), and the lessee identified below, as Lessee (the "Lessee"), Lessee warrants and represents to Lessor the following information. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. 1. Property Insurance. a. Lessee is self -insured for damage or destruction to the Equipment. YES NO (circle one) If yes, the dollar amount limit for property damage to the Equipment under the Lessee's self-insurance program is $ b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for property damage to the Equipment as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for all risk property damage. YES NO (circle one) If yes, the dollar limit for property damage to the Equipment under such umbrella policy is $ 2. Liability Insurance. a. Lessee is self -insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. YES NO (circle one) If yes, the dollar limit for such liability claims under the Lessee's self-insurance program is $ b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability including injury or death of persons or damage to property as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for liabilities for injury and death to persons as well as damage or loss of property arising out of or relating to the condition or operation of the Equipment. YES NO (circle one) If yes, the dollar amount of the umbrella policy's limits for such liability coverage is $ 3A. Self Insurance Fund. a. Lessee maintains a self-insurance fund. YES NO (circle one) If yes, please complete the following: Monies in the self-insurance fund are subject to annual appropriation. YES NO (circle one) The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is $ b. Amounts paid from the Lessee's self-insurance fund are subject to limitations for each claim. YES NO (circle one) If yes, the dollar amount of limit per claim is $ 23 02/09/04:BQ-NESC. DOC/revs/00/cic P27 3B. No Self Insurance Fund. a. If Lessee does not maintain a self-insurance fund, please complete the following: Lessee obtains funds to pay claims for which it has self -insured from the following sources: b. The limitations on the amounts payable for claims from the above sources are as follows: 4. Authority. a. The following entity or officer has authority to authorize payment for claim: b. In the event the entity or officer named in the prior response denies payment of a claim, does the claimant have recourse to another administrative officer, agency or the courts? YES NO (circle one) If yes, to whom does the claimant have recourse? 5. Certificates of Insurance. Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. IN WITNESS WHEREOF, Lessee has caused this Questionnaire to be executed as a supplement to the representations of Lessee in the Agreement by its duly authorized officer. Attachment 02/09/04:BQ-NESC:DOCrev.5/00/c1c 24 [LESSEE], Lessee By: Name: [LESSEE NAME] Title: [LESSEE TITLE] Date: Telephone: [LESSEE PHONE NO.] Facsimile: P28 ADDENDUM TO EQUIPMENT SCHEDULE NO. 01 TO MASTER LEASE AGREEMENT (LEASE NO. [01]) RELATING TO SELF-INSURANCE THIS ADDENDUM is made as of [DATE], between [Lessor] (the "Lessor") and [LESSEE] (the "Lessee"). Recitals A. Lessor and Lessee have entered into a Master Lease Agreement dated as of [DATE] (the "Agreement"). B. Lessee desires to lease equipment described in Equipment Schedule No. 01 to the Agreement (the "Equipment") and Lessee has requested that Lessor lease such Equipment to Lessee. C. With respect to Equipment Schedule No. 01, Lessee has requested that Lessor permit it to provide self-insurance for liability claims and property damage. D. Lessor is willing to grant Lessee's request subject to the following terms and conditions. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein and in the Agreement, it is hereby agreed as follows: 1. The terms capitalized in this Addendum but not defined herein shall have the meanings assigned to them in the Agreement. 2. Lessee hereby represents and warrants that all representations and warranties contained in the Agreement are true and correct as of the date hereof and that neither a Non -Appropriation nor any Event of Default or event which, with the passage of time or giving of notice or both, would constitute an Event of Default has occurred under the Agreement. 3. All other terms and conditions of the Agreement not specifically amended by this Addendum shall remain in full force and ffect and are hereby ratified and confirmed by Lessee. 4. Lessee represents and warrants that all representations and warranties contained in the Questionnaire for Self- Insurance to Master Lease Agreement (the "Questionnaire") are true and correct as of the date hereof. 5. Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided therein, agrees that Lessee may satisfy the requirements of Sections 7.1 through 7.3 of the Agreement with respect to Equipment Schedule No. 01 through self- insurance. 6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule No. 01 to accept self-insurance in lieu of the insurance required by Section 7.1 through 7.3 of the Agreement at any time during the related Lease Term when Lessor deems itself insecure with respect to such self-insurance. Within thirty (30) days of receipt of notice from Lessor, Lessee agrees to obtain insurance in compliance with Section 7.1, 7.2 and 7.3 of the Agreement and provide evidence thereof to Lessor. IN WITNESS WHEREOF, the parties by their duly authorized officers have executed this Addendum as of the date and year first above written. [LESSEE], [Lessor], Lessee Lessor By: By: Name: Title: Date: Name: [LESSEE NAME] Title: [LESSEE TITLE] Date: 25 02/09/04:13Q-NESC. DOC/rev. 5/00/dc P29 02/09/04:BQ-NESC. DOC/rev.5/00/dc [PAGE TO BE REPLACED BY UCC FINANCING STATEMENT] 26 P30 SCHEDULE A TO FINANCING STATEMENT OF [LESSEE], AS DEBTOR, AND [Lessor], AS SECURED PARTY Continuation of Collateral Description The financing statement to which this Schedule A is attached covers the types of property described on the face of such financing statement and all of the Debtor's right, title and interest in and to (collectively, the "Collateral"). (a) the equipment described in Equipment Schedule No. 01 dated as of [DATE] (the "Equipment Schedule") to the Master Lease Agreement dated as of [DATE] (the "Agreement," and together with the Equipment Schedule, the "Lease") between Debtor, as lessee, and Secured Party, as lessor, as such Lease may be amended, modified or supplemented from time to time; and (b) to the extent not included in the foregoing, all books, ledgers and records and all computer programs, tapes, discs, pun th cards, data processing software, transaction files, master files and related property and rights (including computer and peripheral equipment) necessary or helpful in enforcing, identifying or establishing any item of Collateral; and (c) to the extent not included in the foregoing, all proceeds and products of any or all of the foregoing, whether existing on the date hereof or arising hereafter. 02/09/04:6Q-NESC. DOC/rev.5/00/cic 27 P31 .ETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 17, 7004 AGENDA ITEM NO. 4 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF \ REAL PROPERTY FROM JUAN IZAGUIRRE AND GLORIA GREEN IZAGUIRRE, AUTHORIZING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES NORTHERLY OF 3009 EAST 18TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND FRONTING EAST 17TH STREET, AS EAST 17TH STREET (A.P.N.558-220-28-00) PREPARED BY Charles Nissley DEPARTMENT Engineering 336-4396 EXPLANATION The owners of the property located Northerly of and adjacent of 3009 East 18th Street have offered to the City of National City a deed for the dedication of the existing Northerly 20 feet of their property on East 171 Street for City right-of-way purposes. The dedication of the land was a condition for the approval of the building permit for the construction of a new single-family residence on the property. The parcel of land offered for dedication is 20 feet wide and 66 feet long. This resolution will also provide for the naming of the dedicated parcel as East 17th Street. Environmental Review "N/A " Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSI014 RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2004-22 1 .Resolution 2. Grant Deed 3. Parcel Map A-200 (9 99) 4. Detail Map izaguit e RESOLUTION NO. 2004 —22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY, AUTHORIZING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES NORTHERLY OF 3009 EAST 18TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND FRONTING EAST 17TH STREET AS EAST 17TH STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instruments conveying an interest real estate to the City of National City: GRANT DEED dated January 31, 2004, from Juan Izaguirre and Gloria Green Izaguirre (A.P.N. 558-220-28-00). BE IT FURTHER RESOLVED as follows: 1. That Juan Izaguirre and Gloria Green Izaguirre have conveyed the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for right-of-way purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for public right-of-way purposes. 3. That the described parcels of land in Exhibit "A" shall henceforth be known as a portion of East 17th Street. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. riser, Ill City Attorney LEGAL DESCRIPTION THE NORTHERLY 20 FEET OF THE NORTH 'A OF LOT 234 OF THE NORTH 'A OF THE NORTHEAST '/4 OF QUARTER SECTION 107 ACCORDING TO MAP 1748 LINCOLN ACRES ANNEX .NO. 2 FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ON THE 7TH DAY OF FEBRUARY, 1923. EXHIBIT "A" RECORDING REQUESTED BY CITY OF NATIONAL CITY WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 SPACE ABOVE THIS LINE FOR RECORDERS USE Grant Died A.P.N. 558-220-28-00 The undersigned grantor(s) declare(S): Documentary transfer tax is $ 0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JUAN IZAGUIRRE AND GLORIA GREEN IZAGUIRRE A HUSBAND AND WIFE hereby GRANTS) to City of National City a Municipal Corporation real property in the City of National city , County of San Diego , State of California, described as THE NORTHERLY 20 FEET OF THE NORTHERLY 1/2 OF LOT 234 ACCORDING TO MAP 1748 LINCOLN ACRES ANNEX NO. 2. Dated ss- cc5-1 State of California County of Cq sr Qc C: ) S.S. On,cir.rli r j before me, 4;N‘r51 1{j i+► t 1 r , personally appeared cJJ Cc t-Q!r '(Qv\ t ti Sf personally k.srn+' ' -».e (or proved to me on the basis of satisfactory evi- dence) to be the person(s) whose name(s).is'y are subscribed to the within instrument and acknowledged to me that,Jae, /.she / they executed the same in.his-/,1er,/ their authorized capacity(ies), and that by his /.her. / their signatures(s) on the instrument the person(s), or the entity upon be - of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur ANGLE ORTIZ COMM.# 1288503 :NOTAIR4 PUBUIC-CALIFORNIA SAN DIEGO COUNTY n s� 1:4r i.om n35F]u FxPIRE3 DEC 25. 2004 Signature of Grantor Q ANGLE ORTIZ CONIM..$ 12 NOWItilDIEEJLCCAlltrefRiNIA �A`.iG071liR.D�1DWNIM1Y �,�rFrnv�,;r:In:�Eaw�s�nEc zs_zoaa (This area for official notarial seal) MAIL TAX STATEMENTS TO Form 3195-4 (Rev. 5-941 This Document provided by Commonwealth Land Title Insurance Company \I SAM DIEGO C0UH12 45225SOR 5 MAP Jlass 16Td A HARBISON AVE e ST. am 21 220 22i 220 17T� V /t11Th ; ---c AREA OF Ijj:ICATICIJ as----r- zsa 5. S d ® X P5 0.B3 PC. 0 ST. 220 1 221 ® ® d 9 ST. cM.0 CON IM 9UC 10) ALLEGHANY ST. BOLIVAR ST 1(5 pO7O'k4C s MAP 1748 - LINCOLN ACRES ANNEX NO 2 558-22 G ISJ$ OLD 425 22-25 Lwr./ lrun 44 3 x 77 F •a .7Air diloi ;OS t go, • U7 a Ai Al i/Set sr s►+ sr- i • -Vice fret fig *( h rel no sex £01 :66 OS AI °Ss oh to SETA!L, MAP City of National City, California COUNCIL AGENDA STATEMENT FETING DATE February 17 2004 AGENDA ITEM NO. 5 (-ITEM TITLE RESOLUTION OF THE CITY COUCIL GIVING NOTICE OF INTENT TO VACATE 15TH STREET BETWEEN "C" AND "D" AVENUES AND OF A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15TH STREET (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO.: SC- 2003-3) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXPLANATION The area to be vacated is the portion of 15th Street between C and D Avenues, and the adjacent northerly 162 feet of the alley (20 feet wide) between 15th and 16th Street in the Civic Institutional - Open Space Zone (IC -OS). The 18,840 square foot area (260 feet long and 60 feet wide) will be combined with adjacent City property for the new Fire Department Headquarters site. The Planning Commission held a public hearing on this item at their February 2, 2004 meeting, and recommends approval of the street vacation. The next step in the process is Council adoption of a resolution setting a public hearing. r Environmental Review X N/A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Staff concurs with the decision of the Planning Commission and recommends that the attached resolution be adopted to schedule a public hearing for this street vacation request. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the street vacation. Vote: Ayes-, Alvarado, Baca, Carrillo, Flores, Graham , Martinelli, Pruitt, Reynolds ATTACHMENTS i .a led Below 1 1. Resolution 2. Location Map Absent- Saludares Resolution Nor 2004-23 A-200 (9.99) RESOLUTION NO. 2004 - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE A PORTION OF 15TH STREET BETWEEN "C" AND "D" AVENUES, AND OF A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 151" STREET CASE FILE NO. SC-2003-3 WHEREAS, the City Council of the City of National City hereby dedares its intention to vacate, pursuant to the provisions of Part . 3 of Division 9 of the Streets and Highways Code of California, a portion of 15th Street between "C" and "D" Avenues, and of a 163 foot long portion of the alley extending south of 15th Street; in the City of National City, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the time for hearing any and all persons interested in or objecting tothe proposed vacation is hereby set for 6:00 p.m., , 2004, in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of the City of National City, California is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 17th day of February, 2004. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 15Th STREET - STREET VACATION THAT PORTION OF 15Th STREET IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY OF AND ADJACENT TO THAT PORTION OF 15111 STREET VACATED AND CLOSED TO PUBLIC USE, BY CITY COUNCIL RESOLUTION NO. 6576, RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 4 OF TEN ACRE LOT 8, OF SUBDWISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 FILED JULY 2,18:•: IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1 A DISTANCE OF 10 FEET I4ORE OR i F.S.S TO A POINT ON THE WESTERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THAT PORTION OF "C" AVENUE VACAIEJ) AND CLOSED TO PUBLIC USE TO A POINT ON THE SOUTHERLY LINE OF THAT PORTION OF 15T STREET VACATED AND CLOSED TO PUBLIC USE BY CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2,1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE BEGINNING OF A TANGENT 10 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING TANGENT TO SAID SOUTHERLY LINE AND ALSO TANGENT TO THE EXHIBIT "A" Page 1 of 3 WESTERLY LINE OF "D" AVENUE AS SHOWN ON SAID MAP NO. 552; THENCE NORTHEASTERLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID "D" AVENUE; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID "D" AVENUE TO A POINT OF CUSP OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAD) POINT ALSO BEING THE NORTHEAST CORNER OF LOT 20, BLOCK 4 OF TEN ACRE LOT 8 OF SAID MAP NO. 552, SAID CURVE BEING TANGENT TO THE WESTERLY LINE OF SAID "D" AVENUE AND ALSO TANGENT TO THE NORTHERLY LINE OF THAT PORTION OF 15m STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL. RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT ON THE NORTHERLY LINE OF SAID PORTION OF 15m STREET VACATED AND CLOSED. TO PUBLIC USE; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE BEGINNING OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO THE. NORTHERLY LINE OF SAID PORTION. OF 15m STREET VACATE]) AND CLOSED TO PUBLIC USE AND ALSO TANGENT TO THE WESTERLY LINE -OF SAID. LOT 1; THENCE SOUTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. EXHIBIT "A" Page 2 of 3 d' •• ALLEY VACATION IN BLOCK 4 ACRE LOT 8 MAP NO. 552 ALLEY IN BLOCK 4 OF TEN ACRE LOT 8 OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 LYING ADJACENT TO LOTS 1 THROUGH 6 AND 15 THROUGH 20 TOGETHER WITH THAT PORTION OF ALLEY LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF 15111 STREET AS SHOWN ON SAID MAP NO. 552 AND THE NORTHERLY LINE OF THAT PORTION OF 15111 STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXHIBIT "A" Page 3 of 3 Kimball Park PROPOSED STREET CLOSURE t t • Seta Sr • �v �� 1 t ® I I t 1 1 1 0 11 100 Feet ZONE BOUNDARY I I National City Junior High telt) WED M. IC -OS LOCATION MAP Vacation of 15th Street between C and D Avenue and 162 ft of alley abutting the southerly line of 15th Street SC-2003-3 NATIONAL CITY PLANNING DRN. DATE: 1/15/04 INITIAL HEARING: 2/17/04 City of National City, California COUNCIL AGENDA STATEMENT EYING DATE February 17, 2004 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION APPROVING STREET CLOSURE TO ERECT A FALSEWORK AND CONSTRUCT CALTRANS PROPOSED BRIDGE STRUCTURAL WIDENING ALONG INTERSTATE 5 OVER 18TH AND 19TH STREETS IN NATIONAL CITY PREPARED BY Din Daneshfar 336 4387 EXPLANATION DEPARTMENT Public Works/Engineering See attached explanation. ( Environmental Review N/A Financial Statement Adoption of the Resolution has no financial impact. STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below 1. Resolution 2. Proposed Detour Plan Resolution No. 2004-24 A 200 (9 99) EXPLANATION: Caltrans has proposed to add auxiliary lanes and widen the bridge structures over 18th, 19th, and 24th Streets along Interstate 5 in National City. In order to widen the bridge structures on 18th and 19th streets Caltrans will need to erect a falsework. With the construction of the falsework, the required bridge clearance of 15 feet will not be maintained. Therefore, erecting the falsework will require a temporary closure of the streets during the construction. Caltrans has estimated that erecting falswork, placing and curing concrete, and removing the falsework along with foundation work should take approximately eight months. Based upon the estimated schedule Caltrans is requesting to close the westbound traffic lanes on 18th Street from Wilson Avenue to Mckinley Avenue and eastbound traffic lanes on 19th Street from Mckinley Avenue to Wilson Avenue for a period of eight months each. One structure will be constructed at a given time and therefore only one street will be closed at a given time and the other street will be in operation. During the closure of 18th street Caltrans proposes to detour the traffic to 19th street and allowing two-way traffic and similarly during closure of 19th street detour traffic to 18th street and allowing two-way traffic. The attached detour plan has been developed for the closure of the streets. Caltrans will not know the exact date of the closure until construction is awarded and the contractor has submitted his work schedule. The construction is scheduled from October 01, 2006 to March 01 2008. Prior to commencement of the actual design, Caltrans needs a permission from the City to close the streets temporarily during the construction work. ME LANE CLOSURE TWO-WAY TRAFFIC TO SB I-5 PROVIDE TWO-WAY TRAFFIC ON 19TH STREET CLEVELAND AVE Mc: gitiar ..BS_I 5 ...,.. TO CHULA VISTA TO NB 1-5 TO 55 1-5 TO CHULA VISTA WILSONIAVE.-: ::- 19TN STREET LANE CLOSURE CLEVELAND AVE Nb"_I TO NB 1-5 HOOVER AVE r. IBTH STREET LANE CLOSURE CLEVELAND AVE JAC: KTNLEY DETOUR FOR 18TH STREET CLOSURE PROVIDE TWO-WAY TRAFFIC ON 18TH STREET CLEVELAND AVE INLET WILSON AYE' _ - WILSON AVE. DETOUR FOR 19TH STREET CLOSURE ALL OINENSICNS ARE IN METERS UNLESS OTHERWISE SHOWN RELATN IBNER CSAE 20 I T • AO 9 I uCSOEN PrtiIlClE -, OOv;rVt.05. TO SR 1-5 TO SB i-5 etrlc 'L VWS APPRovAL Derr EON N PTv NS J 0P0 SIIC TO SO;U IR IV'P SOT.. Al I; NIA TO SAN DIEGO r==- TO NB i- 5 TO SAN DIEGO Lyj TO NB I- 5 NO SCALE DETOUR PLAN FOR 18TH 8 19TH STREET CLOSURE 'CS 00000 EA 000000 RESOLUTION NO. 2004 — 24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING STREET CLOSURES TO ERECT A FALSE WORK AND CONSTRUCT CALTRANS PROPOSED BRIDGE STRUCTURAL WIDENING ALONG INTERSTATE 5 OVER 18T" AND 19Th STREET IN NATIONAL CITY WHEREAS, Caltrans has proposed to add auxiliary lanes and widen the bridge structures over 18t, 19th and 24th Street along Interstate 5 in National City from October 2006 to March 2008; and WHEREAS, in order to widen the bridge structures on 18th and 19th Streets, Caltrans will need to erect a falsework that will require a temporary closure of the streets during the construction; and WHEREAS, based upon the estimated schedule, Caltrans is requesting to close the westbound traffic lanes on 18th Street from Wilson Avenue to McKinley Avenue and eastbound traffic lanes on 19th Street from McKinley Avenue to Wilson Avenue for a period of eight months each. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the closures of 18th Street from Wilson Avenue to McKinley Avenue and on 19t Street from McKinley Avenue to Wilson Avenue during the construction of the Caltrans proposed bridge structural widening along Interstate 5, for a period of 8 months each from October 2006 to March 2008. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: / J 44e)L4ikz George H. iser, III City Attorney City of National City, California C U CIL AGE A STATE E T w1EETING DATE February 17, 2004 AGENDA ITEM NO. 7 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS, AND ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM NI� R TH�CHASE OF AN XRF LEAD PAINT ANALYZER PREPARED BY Katfilden Trees 4213 DEPARTMENT Building & Safety EXPLANATION See attached. Environmental Review ✓ N/A Approved By: finance Director Financial Statement $20,000.00 ,is available in account 256-413-000-599 and $1,000.. 0 will be transferred from 256-413-000-337 to 256-4-13-000-599 fmr the balance needed to purchase the XRF machine. Account No.256-413-000-599 & 337 STAFF RECOMMENDATION &Jr -a -di In conjunction with the Purchasing Agent, Brenda E. Hodges it is recommended that an award be made to Niton, and the authority be given to the Purchasing Agent to issue the resulting purchase order. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Staff report Resolution Resolution No. 2004-25 A-200 (9-99) STAFF REPORT The Building and Safety Department determined that the Niton XL-300 Series Lead Analyzer is the standard in the State of California for lead paint analysis. It is the chosen instrument for the State of California Childhood Lead Poisoning Prevention Program. In addition it is the chosen machine for CAL -OSHA and both Lead Inspectors have been trained on the Niton XL-300. The Building and Safety Department located two companies who manufacture lead paint analyzers. These include Niton and RMD, Inc. RMD, Inc. was contacted for information and a quote. The CA representative was not responsive to our efforts to obtain information, so we contacted the company's main office in Massachusetts to obtain information and a quote. We were sent a quote and information and were told that their representative from this area will contact us. As of this date, we have not received any contact from their regional office. We have been unable to set up a demonstration of their machine for comparison. Niton has been very responsive with information, training and a demonstration and there is no reason to believe they will not be responsive in the future. The Building and Safety Department did determine that the Niton is a superior machine. Several of its advantages include: 1) it emits approximately 1/5 of the amount of radiation making it safer to use, 2) Niton was funded by the Environmental Protection Agency to advance the technology, therefore providing a more advanced machine, c) Niton is the machine required to be used by the Department of Toxic Substances for use at schools and d) the Niton requires only 2 readings compared to the RMD requirement of 3 readings making it more accurate. Below is the cost comparison: Niton XL-300 Series RMD, Inc. Basic Machine (10 mo) $14,795 $13,995 Less discount - 1,184 - 1,500 Upgrade to 40 mo 4,508 8,100 Total $18,119 $20,595 Options included: Lead soil analyzer $ 1,000 (60% off) not included Dust wipe analyzer $ 1,247 (50% off) not included Total with options $20,366.90 $20,595.00 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 Niton XL-300 Series Lead Paint Analyzer without compliance with the formal bid process. RESOLUTION NO. 2004 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM NITON CORPORATION FOR THE PURCHASE OF AN XRF LEAD PAINT ANALYZER WHEREAS, the Building and Safety Department located two companies who manufacture lead paint analyzers; and WHEREAS, Niton Corporation was the only company responsive to requests for information and a demonstration; and WHEREAS, the Niton XL-300 Series Lead Analyzer was found to be a superior machine at a lower cost. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for a lead paint analyzer to the lowest responsive, responsible bidder, to wit: NITON CORPORATION BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City a purchase order between Niton Corporation and the City of National City for a lead paint analyzer for the Building and Safety Department. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: 7] 4 George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT ZETING DATE February 17, 2003 AGENDA ITEM NO. (-ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CITY OF SAN DIEGO TO INSTALL, SHARE, AND MAINTAIN THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT FACILITIES PREPARED BY Din Daneshfar 336 4387 EXPLANATION DEPARTMENT See attached explanation. Public Works/Engineering Environmental Review X N/A Financial Statement Adoption of the Resolution has no financial impact. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Agreement (3 original copies) Resolution No. 2004-26 A-200 (9 99) Each participating agency (San Diego, National City, and Chula Vista) collectively applied for a Congestion Mitigation Air Quality (CMAQ) grant to install the Regional South Bay Traffic Interconnect Improvements and City of San Diego accepted the grant on behalf of the other participating agencies in the amount of $1,411,000• The City of San Diego will administer the public works contract for the installation of the entire fiber optic cable. This will include the design, construction, and installation of the fiber optic cable. A segment of the proposed South Bay Traffic Signal interconnect fiber optic cable is located in the City of National City's jurisdiction. The fiber optic cable alignment limits in National City are as follows: • Highland Avenue form Chula Vista City Boundary to 8th Street 8th Street from Highland Avenue to Roosevelt Avenue ® Roosevelt Avenue from 8th to Main Streets. The purpose of the project is to interconnect the existing traffic signals on the major arterials, located within the three agencies in order to coordinate the timing and to diagnose the malfunctioning of the signals. A computer software program will process the available data and manipulate/monitor the actual field traffic movements. The traffic movements can be also monitored graphically on the computer screen. The cities will share information to facilitate a smooth traffic flow through the main street corridor. This system may eventually be expanded to monitor the traffic via video camera equipment from the City Hall. The City of National City Public Works/Engineering Department has approved the plans, specifications, and contract documents for the project in its jurisdiction. The attached proposed agreement is for the responsibilities of the participating agencies for installing, sharing, and maintaining the South Bay Traffic Signal Interconnect with in the each jurisdiction. The City of National City will be as a third party beneficiary of the Contract. The Contactor will obtain a permit from the City Of National City prior to commencement of the construction. The permittee shall be required to provide the following documents: • Workers Compensation Insurance Certificate • General Liability Insurance Certificate ® City Business License • Contractor's License and appropriate classification • A copy of Notice of Contract Award ® Traffic Control Plans RESOLUTION NO. 2004 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO TO INSTALL, SHARE, AND MAINTAIN THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT WHEREAS, the cities of National City, Chula Vista and San Diego collectively applied for a Congestion Mitigation Air Quality ("CMAQ") grant to install the Regional South Bay Traffic Interconnect Project improvements consisting of the installation, sharing and maintenance of fiber optic cable for the purpose of communication and traffic signal integration; and WHEREAS, the City of San Diego accepted the grant on behalf of the other participating agencies in the amount of $1,411,00, and has applied for a program supplement in the amount of $300,000; and WHEREAS, each city has approved the plans, specifications and contract documents for installation for the fiber optic cable; and WHEREAS, the City of San Diego will administer the public works contract for the installation of the entire fiber optic cable, which includes the design, construction and installation of the fiber optic cable; and WHEREAS, an agreement has been proposed setting forth the responsibilities of the cities for the installation, sharing and maintenance of fiber optic cable within each city's jurisdiction. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with the cities of San Diego and Chula Vista for the South Bay Traffic Signal Interconnect Project. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney SOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT FIBER OPTIC CABLE INSTALLATION, SHARING, AND MAINTENANCE AGREEMENT BETWEEN THE THE CITY OF SAN DIEGO AND NATIONAL CITY AND THE CITY OF CHULA VISTA Page 1 of 13 AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND NATIONAL CITY AND THE CITY OF CHULA VISTA THIS Agreement is made and entered into between the City of San Diego, National City, and the City of Chula Vista [individually referred to herein as Participating Agency or collectively referred to herein as Participating Agencies] for the South Bay Traffic Signal Interconnect Project [Project]. RECITALS A. Whereas, this Agreement sets forth the responsibilities of the Participating Agencies for installing, sharing, and maintaining fiber optic cable within each Participating Agency's jurisdiction for the purpose of communication and traffic signal integration; and B. Whereas, Global Crossing Telecommunications, Inc., installed and provided one 1 1/2 inch fiber optic conduit [Conduit] at no cost to the Participating Agencies, subject to the terms and conditions of a letter agreement dated January 26, 2001, which is attached hereto and incorporated by reference to this Agreement as Exhibit "A;" and C. Whereas, each Participating Agency owns the length of Conduit installed by Global Crossing Telecommunications, Inc. within each Participating Agency's respective jurisdiction; and D. Whereas, for the purpose of obtaining funding for the installation of fiber optic cable in the Conduit, the Participating Agencies collectively applied for a Congestion Mitigation Air Quality [CMAQ] grant [hereinafter Grant] and the City of San Diego accepted said Grant on behalf of the Participating Agencies in the amount of $1,411,000 and has applied for a Program Supplement in the amount of $300,000; and E. Whereas, pursuant to Program Supplement No. M017 [Program Supplement] and the Master Agreement, Administering Agency - State Agreement for State Funded Projects [Master Agreement], which are attached hereto and incorporated by reference to this Agreement as Exhibits "B" and "C," respectively, the City of San Diego is the Administering Agency for the Project; and F. Whereas, in conformance with the Grant, the Project entails the installation of a fiber optic cable [Fiber Optic Cable] within the Conduit in accordance with the City of San Diego's Plans and Specifications Drawing Number 31514D; and Page 2 of 13 G. Whereas, in conformance with the Master Agreement and Program Supplement, the City of San Diego shall let and administer the public works contract for installation of the Fiber Optic Cable; and H. Whereas, each Participating Agency has approved the Plans and Specifications and contract documents [the Contract] for installation of the Fiber Optic Cable and the City of Chula Vista and National City shall be specifically designated as third party beneficiaries of the Contract; and I. Whereas, each Participating Agency will be allocated a certain number of fibers within the Fiber Optic Cable for the exclusive use of each Participating Agency in accordance with the Plans and Specifications and this Agreement; and J. Whereas, the City of Chula Vista desires the installation of 192 additional fibers within the portion of Conduit located within the City of Chula Vista's boundaries, for the City of Chula Vista's exclusive use, to be installed under the Contract, subject to the terms of this Agreement; K. Whereas, each Participating Agency agrees to comply with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. Effective Date. This Agreement shall be come effective upon execution of this Agreement by the authorized representatives of all of the Participating Agencies. 2. Project Boundaries. The northerly end of the Conduit and Fiber Optic Cable will begin within the City of San Diego at the intersection of 30th and Broadway, pass through National City and Chula Vista via Roosevelt Street, Eighth Avenue, Fiighl' and Avenue, Fourth Avenue, Main Street and Beyer Boulevard, and end within the City of San Diego at the intersection of Coronado Avenue and Beyer Boulevard, in accordance with Location Map hereto attached and incorporated by reference as Exhibit "D." 3. Project Scope. The Project scope shall entail installation of the Fiber Optic Cable and associated components within the existing Conduit, in accordance with the Plans and Specifications that are incorporated herein by reference. The City of San Diego agrees to act as the Administering Agency for the Project. The City of Chula Vista and National City each agree to cooperate with implementing of the Project including, without limitation, providing adequate and timely access to the right of way within their respective jurisdictions. a. Participating Agency Approval of Project Scope. By execution of this Agreement, each Participating Agency signifies approval of the Project Plans and Page 3 of 13 Specifications. The Plans and Specifications are available from the City of San Diego, Development Services Department, Maps and Records Division, refer6nce Drawing Number 31514D. b. Additional Fiber Optic Cable for the City of Chula Vista. By the execution of this Agreement, the City of San Diego shall include within the Project scope the installation of 192 additional fibers within the portion of Conduit located within the City of Cl(ula Vista for the City of Chula Vista's t exclusive use [Additional Fibers]. In consideration for the Additional Fibers, the City of Chula Vista shall pay the City of San Diego for the difference in the Contract cost between the furnishment and installation a 288 fiber cable versus a 96 fiber cable of the same length, based upon accepted unit bid prices. The City of Chula Vista shall pay for the Additional Fibers within ten days of the execution of the Agreement by all parties hereto. c. Participating Agency Approval of Contract Documents. By execution of this Agreement, each Participating Agency signifies approval of the Contract documents, and all of the terms and conditions therein. The Contract documents are available from the City of San Diego, Transportation and Drainage Design Division. The Contract documents shall indicate that the Project shall be implemented from north to south. Pfior to approving any material Contract modifications or addendum before award of the Cbntract, the City of San Diego shall obtain the other Participating Agencies' written approval of those deviations or addendum, and such approval shall not be unreasonably withheld or delayed. d. Participating Agency Designation as Third Party Beneficiaries of the Contract. The City of Chula Vista and National City, and their respective elected officials, officers, employees, agents and representatives, shall be specifically designated as third party beneficiaries of (i) the Contract (including Coutiac,tor's indemnity obligations thereunder) and (ii) the bonds posted by the contractor securing its performance under the Contract. Furthermore, the City of SanDiego shall endeavor to obtain designation of the other Participating Agencies as named additional insureds under the contractor insurance policies required under the Contract. e. Change Orders. The City of San Diego shall pay for all Change Orders necessary to complete the Project, including Change Orders arising from unanticipated field conditions, subject to the following limitations: i. The City of San Diego shall not be responsible to pay for any Change Order that exceeds the grant money received by the City for the Project; Page 4 of 13 ii. In the event that a Change Order exceeds the grant money received by the City of San Diego for the project, the City of San Diego shall make a good faith effort to apply for and obtain additional state or federal grant funding, if available, to pay for such costs; iii. In the event that additional federal or state grant funding is not available to pay for any Change Order that exceeds the grant money received by the City of San Diego for the Project, the Participating Agencies shall each pay one 1/3 of the Orange Oidei cost that is not covered by the grant money received by the City of San Diego for the Project; provided, however, that each Participating Agency shall have a duty to pay for any increases in Contract cost, including those resulting from delay claims, that are directly or indirectly attributable to its negligent acts or omissions, or a violation of any obligations arising under the agreement, including the failure to provide right of way access in a timely manner. iv. All Change Orders necessary to complete the Project shall be approved and authorized solely by the City of San Diego as the Administering Agency. In the event that an increase in Contract cost is attributable to the negligent acts or omissions, or a violation of any obligations arising under the agreement, of any other Participating Agency, that Participating Agency shall take all actions necessary to mitigate such increase, including timely payment of said increase to the City of San Diego so that the City of San Diego may pay its Contractor in accordance with the payment terms of the Contract. v. The City of San Diego shall notify each of the Other Participating Agencies in the event of a proposed Change Order as soon as reasonably possible. vi. Each Participating Agency shall have the right to audit and review all contract documents and any documentation provided by the City of San Diego's contractor in support of a Change Order. 4. Final Acceptance of Work. Prior to accepting any work within another Participating Agency's jurisdiction, the City of San Diego shall first obtain from that Participating Agency approval of the work and any system tests required by the Contract documents, and such approval shall not be unreasonably withheld or delayed. 5. Rights to Use Fiber Optic Cable. The Plans and Specifications specifically Page 5of13 designate portions of the Fiber Optic Cable for common use, spares, and exclusive use within each Participating Agency's juri'sdiction. By executing this Agreement, each Participating Agency agrees, as follows: a. That the Fiber Optic Cable shall be used in accordance with the Plans and Specifications; and b. Each Participating Agency shall' own the Conduit within its jurisdiction and shall own its exclusive use fibers within the Conduit no matter where located. Exclusive use fibers located within another jurisdiction's Conduit shall not be assignable or dedicated to private uses without the prior written approval of the host Participating Agency. c. That each Participating Agency shall have the right, by irrevocable license granted pursuant to this Agreement, to use to the other Participating Agencies' Conduit,to maintain the Fiber Optic Cable installed pursuant to this Agreement; d. That each Participating Agency has the right and authority to modify or redirect any fibers or connectors allocated for its exclusive use within its own jurisdiction, without the consent of the other Participating Agencies, as long as such modification dr redirection will not have any adverse impact, whether direct or indirect, on the other Participating Agencies' exclusive or common use of the Fiber Optic Cable or the Conduit. e The Plans and Specifications allocate twelve fibers within the Fiber Optic Cable for future, spare use [Spare Fibers]. Each of the Participating Agency's shall have exclusive rights to four of the Spare Fibers; provided, however, that the Participating Agencies shall agree to negotiate in good faith for joint or exclusive use of the Spare Fibers whenever a Participating Agency desires to place the Spare Fibers into service. 6. Payment of Fees. There will be no payable monthly rental fee by any of the Participating Agencies for use of the Conduit or Fiber Optic Cable for public purposes. 7. Maintenance, Repair, or Replacement of the Fiber Optic Cable/Conduit. In the event that the Fiber Optic Cable/Conduit, requires maintenance, repair, or replacement [collectively referred to herein as Maintenance], the City of San Diego shall have the duty to undertake such Maintenance of the Fiber Optic Cable/Conduit in a timely and reasonable manner, subject to the following conditions: Page 6 of 13 a. The City of San Diego shall have the authority to determine the nature and extent of the Maintenance required, subject to the prior consent of the other Participating Agencies, which said consent shall not be unreasonably withheld or delayed; provided, however, that the City of San Diego shall have the sole authority to supervise and direct the Maintenance work. b. Except to the extent covered by warranty under the Contract, the City of San Diego shall not be responsible in any manner for the Maintenance of branching connections, which shall be defined as branch fiberAoptic-cables spliced onto the Fiber Optic Cable, including the splice itself, and all equipment attached and/or associated with the branch fiber optic cables [collectively referenced as Branching Connections]. c. Each Participating Agency shall have a duty to notify the City of San Diego of any event within its own jurisdiction that has or may detrimentally impact or affect the Fiber Optic Cable/Conduit. The notice shall be given in a timely and reasonable manner so as to mitigate the e extent of Maintenance required. d. Each Participating Agency shall have a duty, to a reasonable extent, to mitigate conditions detrimentally impacting the Fiber Optic Cable/Conduit within its own jurisdiction, including the provision of right of way access. e. Each of the other Participating Agencies shall reimburse the City of San Diego for Maintenance costs expended by the City of San Diego within each Participating Agency's jurisdiction, not covered by the warranty of the Contract, according to the following contribution formula: Participating Agency (PA) Contribution = the # of fibers of PA exclusive use in PAJurisdiction Total # fibers in PA Jurisdiction excluding Fibers Designated for Future Interagency Cominunicatiurtsi f. The City of San Diego's duty to provide Maintenance shall not apply when the Maintenance required is directly or indirectly attributable to the acts or omissions of any other Participating Agency. In the event that Maintenance is required as a result of the acts or omissions of any other Participating Agency, that Agency shall undertake and pay for the Maintenance in a timely and reasonable manner, subject to the prior 1 As of the date of this agreement, there are 12 fibers designated for Future Interagency Communications; Chula Vista's contribution is, therefore, 228/276 = 82.6 % for Maintenance in Chula Vista and National City's contribution is 36/84 = 42.6% for Maintenance in National City. It is understood and agreed to by the Participating Agencies that the allocation formula may be adjusted depending upon the re -allocation of fibers designated for Future Interagency Communications. Page 7 of 13 g. consent of the other Participating Agencies, which said consent shall not be unreasonable withheld or delayed. In the event of an emergency requiring an immediate repair of the Fiber Optic Cable/Conduit system, each Participating Agency reserves the right to make repairs to the Fiber Optic Cable/Conduit within its own jurisdiction, and to obtain reimbursement from the other Participating Agencies for valid costs incurred, if any is due and payable, in accordance with the reimbursement formula set forth above. 8. Right of Entry. By executing this Agreement, each Participating Agency authorizes the City of San Diego and its contractor(s) and subcontractor(s) associated with the Project to enter upon each Participating Agency's right of way and/or property for the purpose of implementing this Agreement and the Contract, without payment of right of way fees. The City of San Diego shall require its contractor for the Project to comply with each Participating Agency's right of entry requirements, excluding payment of fees; provided, however, that said requirements shall be presented to the City of San Diego, in writing, before the publication of any Contract documents for award of the Project. 9. Indemnification of Waiver and Release of Claims Against Administering Agency. The City of Chula Vista and National City [Participating Agencies] agree to defend, indemnify, protect, and hold the waive and release any claims against the City of San Diego, its agents, officers, and employees harmless from and against any and all claims asserted or for liability established for damages or injuries to any person or property, including injury to any other Participating Agencies' employees, agents, or officers, which arise out of or are in any manner directly or indirectly or indirectly connected with the City's role as Administering Agency of the Project; provided, however, that the other Participating Agencies' duty to indemnify and hold harmless this waiver and release of claims shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of the City of San Diego, its agents, officers, or employees. 10. Indemnification for Acts or Omissions of any Participating Agency. Each Participating Agency [Indemnitor] shall defend, indemnify, protect, and hold the other Participating Agencies, their respective agents, officers, and employees [collectively referenced as Indemnitees], harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to any Indemnitee, which arise out of or are in any manner directly or indirectly connected with the acts or omissions of the Indemnitor pertaining to the installation, use, or Maintenance of the Fiber Optic Cable, Conduit, and Branching Connectors; provided, however, that the duty to Page 8 of 13 indemnify and hold harmless shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of any Indemnitee, and their respective agents, officers, or employees. 11. Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing party in any such suit or proceeding shall be entitled to a reasonable award of attorney fees in addition to any other award made in such suit or proceeding. 12. Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to this Agreement, each Participating Agency agrees to assist the Other Participating Agencies in resolving the dispute or litigation. Assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. a. Compensation for Mandatory Assistance. The Participating Agency directly involved in a third party dispute or litigation shall compensate the Other Participating Agencies for fees incurred for providing Mandatory Assistance, unless the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Participating Agency providing the Mandatory Assistance, in which case the Participating Agency who paid fees shall be entitled to reimbursement of all fees paid for Mandatory Assistance. 13. Mandatory Non -binding Mediation. If a dispute arises out of, or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled Through normal contract negotiations, the disputing Participating Agencies agree to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association [AAA] or any other neutral organization agreed upon before having recourse in a court of law. Page 9 of 13 a. Mandatory Mediation Costs; The expenses of witnesses for either side shall be paid by the Participating Agencies producing such witnesses. All other expenses of the mediation, including required traveling and other eipenses of the mediator [Mediator], and the cost of any proofs or expert advice produced at the direct request of the Mediator, shall be borne equally by the Participating Agencies, unless they agree o yherwise. b. Selection of Mediator. A single Mediator that is acceptable to the disputing Participating Agencies shall be used to mediate the dispute. The Mediator will be knowledgeable in construction aspects and may be selected from lists furnished by the AAA or any other agreed upon Mediator. To initiate mediation, the initiating Participating Agency (ies) shall serve a Request for Mediation on the opposing Participating Agency (ies). If the Mediator is selected from a list provided by AAA, the initiating Participating Agency (ies) shall concurrently file with AAA a "Request for Mediation" along with the appropriate fees, a list of three requested Mediators marked in preference order, and a preference for available dates. • c. If AAA is selected to -coordinate the mediation [Administrator], within ten working days from the receipt of the initiating Participating Agency's (ies') Request for Mediation, the opposing Participating Agency (ies) slhpll file the following: a list of preferred Mediators listed in preference order after striking any Mediators to which they have any factual objection, and a preference for available dates. If the opposing Participating Agency (ies) strikes all of initiating Participating Agency's preferred Mediators, opposing Participating Agency (ies) shall submit a list of three preferred Mediators listed in preference order to initiating Participating Agency and Administrator. Initiating Participating Agency (ies) shall file a list of preferred Mediators listed in preference order, after striking any Mediator to which they have any factual objection. This process shall continue until all disputing Participating Agencies have agreed upon a Mediator. Page 10 of 13 V i. The Administrator will appoint or the Participating Agencies shall agree upon the highest, mutually preferred Mediator from the individual Participating Agencies' lists who is available to serve within the designated time frame. ii. If the Participating Agencies agree not to use AAA, then a Mediator, date, and place for the mediation shall be agreed upon. 14. Integration. This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Participating Agencies concerning the matters covered in this Agreement. No change, alteration,. or modification of the terms or conditions of this Agreement, and no verbal understanding of the Participating Agencies, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by all of the Participating Agencies. All prior negotiations and agreements are merged into this Agreement. 15. Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Participating Agencies had executed the same page. 16. No Waiver. No failure of any Participating Agency to insist upon the strict performance by the other of any covenant, term, or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term, or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 17. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 18. Drafting Ambiguities. Each Participating Agency agrees that it is aware of the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and the decision of whether to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Participating Agency. This Agreement shall not be construed in favor of or against any Participating Agency by reason of the extent to which that Participating Agency contributed to or participated in the drafting of the Agreement. Page 11 of 13 %1 19. Signing Authority. The representative for each Participating Agency hereby declares that proper authority has been obtained to sign on behalf of the Participating Agency and each representative agrees to hold the Other Participating Agencies harmless if it is later determined that such authority does not exist. 20. Duration of Agreement. The Agreement shall remain in force until such time as all of the Participating Agencies concur that the Agreement should be terminated or modified. 21. No Third Party Beneficiaries. There shall be no third party beneficiaries „to the terms of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the Participating Agencies, as follows: CITY OF SAN DIEGO Dated: By: Name: Title: Engineering & Capital Projects Director APPROVED AS TO FORM AND LEGALITY: CASEY GWINN, CITY ATTORNEY Date: By: Susan Y. Cola Deputy City Attorney CITY OF CHULA VISTA Dated: 12 - q - DOS . By: David D. Rowlands City Manager APPROVED AS TO FORM AND LEGALITY: ANN Y. MOORE, CITY ATTORNEY Bv: �.--- en R. Googins S\qtr i sistant Cif tton Page 12 of 13 CITY OF NATIONAL CITY Dated: By: Nick Inzunza Mayor APPROVED AS TO FORM AND LEGALITY: GEORGE H. EISER, III, CITY ATTORNEY By: George H. Eiser City Attorney [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 13 of 13 13 11/18%02 08:10 FAX 6192349433 KIMLEY-HORN & ASSOC Q.1002.004 Clobul Cvo=s+ng Teleeammnnications, Inv. 180 South CI;nton Avenue Fourth Floor Rochr:rwr., N1.714646 Tel + 1.716.777.1000 Global Crossing January 26, 2001 Mr. David Sorenson Kimley-Horn and Associates, Inc. 517 Fourth Avenue - Suite 102 San Diego, CA 92101 David: In response to the Kimley-Horn letter dated January 12, 2001, Global Crossing responds as follows: 1. Global will provide one (1) 1'/a" duct at no cost to the three cities involved for their exclusive use and this one duct will become their property after the completion of the Global Crossing project. This duct will run the length of the route only to the extent of the public ROW. Private ROW will not be included, i.e., Railroad Right of Ways. 2. The route will be as originally proposed by Global except for the reroute agreed on in National City following Roosevelt, 8tl' Street and Highland Avenue. The route will not deviate from the design engineered by Global. The Global Crossing build is a point-to-point link passing through San Diego County with no local branches dropping off. Bore pit and splice pit locations will be made convenient to local traffic signals and similar locations for city tic -ins providing these locations are not detrimental to or otherwise complicate the Global Crossing build. 3. In addition to expedited plan check status, we expect National City and Chula Vista to create or adopt a suitable Right of Way Agreement so that we may actually submit our plans for review. We also expect that National City and Chula Vista determine what type of permits need to be issued. 4. It must be clearly understood that the Global Crossing manholes are exclusive to Global Crossing. Any manholes, hndholes or, splice boxes required by the Southbay Interconnect Project are the sole responsibility of the Southbay Interconnect Project . 11%18/02 08:11 FAX 6192349433 1,7 KIMLEY-HORN & ASSOC Z003 004 Page 2 of 2- David Sorenson ley-Hom & Associates - January 26, 2001 5. Global Crossing will provide as -built drawings, and any additional information required for the city tie-in design work. Global Crossing believes that the release of this information should not be a condition of obtaining the necessary permits and agreements for the project and reserves the right to release this information only after the project is permitted.• 6. Global Crossing requests a realistic time schedule for permitting and the start of construction. 7. The Global Crossing build is engineered to utilize directional boring as the primary method of construction. A positive dialog with San Diego indicates this to be acceptable; we request a formal agreement allowing directional boring. 8. Help from all cities with asphalt and dirt disposal, staging areas for materials and equipment and reasonable requests for assistance will be expected. Global Crossing has, in effect, given the Southbay Interconnect Project and their participants everything they have asked for. In return the cities have as yet not issued the required permits. As requested in item 6 (above) we expect a realistic time schedule for permit issuance and construction as soon as possible. We look forward to a timely response. Thank you in advance for your cooperation in this matter. Sincerely, Luis Garcia OSP Engineer/Construction Manager Global Crossing 716.777.212 LG cc: D.Miller — VP Construction, Operations and Engineering, LAC -Eyklo ; A PROGRAM SUPPLEMENT NO. M017 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5004 Date : April 09, 2002 Location: l I-SD-O-SD Project Number:CMLG-5004(084) E.A. N.unber:ll-955912 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 08/28/98 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 29 5 5 approved by the Agency on / 0 — t S - "00 ( (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, ittaccepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: City Of San Diego,National City & Chula Vista -- South Bay TYPE OF WORK: Multi Agency Traffic Signal Interconnect Estimated Cost Federal Funds 32A0 $1,411,000.00 Q400 $317,000.00 $1,094,000.00 LENGTH: 13.5 (MILES) Matching Funds LOCAL $0.00 $0.00 OTHER $0.00 CITY OF SAN DIEGO By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Sit —Chief, Office of Local Programs Project Implementation Date I hereby certify upon my personal knowledge that budgeted Accounting Offic Chapter Statutes Item YmV ' i Year// funds are available for this encumbrance: Program Date SC Category Fund Source 106 2001 2660-101-890 2001-2002— 20.30.010.820 324 1998 2660-101-890 98-99 20.30.010.820 C 262040 C 262040 892-F 892-F $1,411,000.00 AMOUNT 1,094,000.00 317,000.00 Program Supplement 11-5004-M017-R1 ISTEA Page 1 of 3 MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS ) District 11 Agreement No. 000005 City of San Diego Adminstering Agency THIS AGREEMENT, made effective this ninth day of December,Pai.1is by and between the City of San Diego, hereinafter referred to as 'ADMINISTERING AGENCY,' and, the State of California, acting by and through its Department of Transportation, hereinafter referred to as 'STA YE.' WTTNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities; and WHEREAS, ADMINIS I'ERING AGENCY has applied to the California Transportation Commission (CTC) and/or STALE for funding from the STATE Transportation Improvement Program (STIP), or other programs, as defined in thLocal Assistance Program Guidelines for use on local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, said PROJECT will not receive any federal funds; and WHEREAS, STA 1'E is willing to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to the use of said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION I. This AGREEMENT shall have no force or effect with respect to any programmed project unless and until a PROJECT -specific program supplement, adopting all of the terms and conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. A Financial commitment of state funds will occur only following the execution of this AGREEMENT together with the subsequent execution of each applicable PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed -upon Special Covenants and Page 1 of 9 1/5/00 /7 Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and. defining the nature of that specific PROJECT. 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or others. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body. 5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local Assistance Program Guidelines, (b) such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and STATE funding participation is limited to the amounts established by • STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a) ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding (or deleting) PROJECT funds. g. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE is EMENT SUPthe ADMINISTERING AGENCY entering PLEMENT, the ADMINISTERING AGENCY1 into request and receive paymene t PROGRAM ble SU work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. Page 2 of 9 t/5/00 (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference (a) this AGREEMENT number, (b) the PROJECT title and number, (c).he,p.rogress billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only (a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts already approved in the PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. Pace 3 of 9 I/5/00 i 16. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to he accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final Invoice must be submitted with the "State Report of Expenditures". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final .costsare known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requireine its -.may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys clue STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer,' the California Transportation Commission (CTC), any other public agency, may withhold or demand a transfer of an amount equal to the PROJECT 2rV Page 4 of 9 t/5/00 amount paid by STA 1'E from future apportionments or any other funds due ADMINIS 1bRING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects. 20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a special district, or any other public entity not directly receiving funds through the State Controller and ADMINISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or otherwise in default, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article I-19, from any or all, joint and several, of those conttituent entities comprising the joint powers authority or by the bringing of an action against ADMINISTERING AGENCY and its. constituent member entities to recover all funds provided by STATE hereunder. The ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTRING AGENCY and further warrants that there is nothing within the Joint Powers Agreement itself that would restrict or otherwise limit STATE's ability to recover state funds improperly spent by the ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. 21. When PROJECT is not on the STATE highway system, but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract. ARTICLE II - ENGINEERING a 1. "Project Development Costs" includes all preliminary work directly related to the PROJECT up to contract award for construction, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as project development contract administration. 2. "Construction Engineering" eligible costs include actual inspection and supervision of PROJECT construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY's employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. Any portions of STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds administered by ADMINISTERING AGENCY. Page 5 of 9 1/5/00 071 4. Costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after termination date for PROJECT described in the PROGRAM SUPPLEMENT or this AGREEMENT are not allowable by STATE as reimbursable or matching costs. ARTICLE III - RIGHT-OF-WAY 1. All related rights -of -way necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights -of -way have been secured. 2. The furnishing of rights -of -way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners ar l occupants pursuant to Government Code Sections 7260-7277. (d) the cost of demolition and sales of all improvements on the right-of-way after credit for sale proceeds. (e) the cost of all unavoidable utility relocation, protection or removal. (1) the cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY is not responsible and where the actual generator cannot be identified and recovery made. 3. Should ADMINISTERING AGENCY, in an individual, family, business, farm operation or AGENCY shall provide relocation payments and Code Sections 7260-7277. acquiring right-of-way for PROJECT, displace nonprofit organization, the. ADMINISTERING services as required by California Government 4. State funds will not participate in any PROJECT costs arising out of delays to construction or a demolition contractor's orderly prosecution of the PROJECT work because utilities have not been timely removed or relocated or due to the unavailability of rights -of -way. 5. If any protection, relocation or removal of utilities is required within STATE's right-of-way, such work shall only be performed in accordance with then current STATE policies and procedures. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE's right-of-way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as -built plans. as Page 6 of 9 1 /5/00 ARTICLE IV - MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, 'authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything clone or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be clone by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4. Auditors of state shall be given access to books and records of ADMINISTERING AGENCY and its consultants, contractors and subcontractors for the purpose of verifying PROJECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for matching funds. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs including providing copies of all requested documents and financial records. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use as proposed in those documents supplied by ADMINISTERING AGENCY as part of PROJECT funding applications and as described in this AGREEMENT until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the PROJECT property to another public entity. Page 7 of 9 1 /5/00 a3 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon the construction contractor being relieved of the responsibility for maintaining and protecting any portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY'S jurisdiction is not being properly operated, maintained, repaired or restored and ADMINISTERING AGENCY has • not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, Its preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. S. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY, either in whole or in part. 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 11. ADMINISTERING AGENCY agrees to use all PROJECT finds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter collectively referred to as PROCEDURES, applicable to PROJECT, unless otherwise designated . in the approved PROGRAM SUPPLEMENT. Pc.c.R nfQ 1 /5/00 This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE except that obligations relative to the respective parties indemnification shall not expire and the ADMINISTERING AGENCY's duties assumed under Sections 4, 5, 6 and 7 of Article IV shall continue for so long as PROJECT remains operable. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA City of San Diego Department of Transportation By By -4-1-'"Chief, Office of Local Programs (Aut••sized Rspr ntative) Project Implementation Date t t /' /`' Date G' Page 9 of 9 15/00 ,'5 LOCATION MAP eroadwa, 0 0 LA Newton St. 32nd St. fib; G4 O Me X i CO 1 Not To Scole CITY OF NATIONAL CITY CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF SAN DIEGO Otay Mesa City of National City California COUNCIL AGENDA STATEMENT FETING DATE February 17, 2004 ITEM TITLE PREPARED BY EXPLANATION AGENDA ITEM NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SALARY RANGES FOR NEWLY ESTABLISHED MISCFxhLANEOUS POSITIONS v Pat ary DEPARTMENT Human Resources InterDirector o Human Resources This item was held over from February 3, 2004, to allow the new City Manager to review attached staff report and recommendations. That review has been completed and the recommendation stands. Financial Statement Approved nce Director No impact on general fund for any position other than the Storm Water Complian Inspector. This position represents an additional 13% over a deleted Equipment Services Specialist position. This increase can be absorbed by the current Public Works budget. Account No. STAFF RECOMMENDATION Recommend approval of Resolution. (BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Be! 1. A-200 Dated February 3, 2004 2. Resolution 3 Resolution No. 2004-27 A-200 (9;99) RESOLUTION NO. 2004 — 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SALARY RANGES FOR NEWLY ESTABLISHED MISCELLANEOUS EMPLOYEE POSITIONS BE IT RESOLVED that the City Council of the City of National City hereby approves the salary ranges for newly established miscellaneous employee positions, namely, Lead Hazard Control Program Coordinator, Lead Inspector/Assessor, Lead Sampling Technician, Housing Assistant, Graffiti Removal Assistant, Seasonal Park Aide, and Storm Water Compliance Inspector, as follows: POSITION GROUP RECOMMENDED SALARY Lead Hazard Control Program Coordinator MEA (range 120) $42,521 — $51,685 annually Lead Inspector/Assessor MEA (range 133) $47,879 - $58,198 annually Lead Sampling Technician MEA (range 86) $31,388— $38,152 annually Housing Assistant MEA (range 101) $35,815 — $43,533 annually Graffiti Removal Assistant LT (range 076) $28,247 — $34,345 annually Seasonal Park Aide PT (range pt 080) $11.42 — $13.88 hourly Storm Water Compliance Inspector MEA (range 108) $38,118 — $463 annually PASSED and ADOPTED this 17th day of February, 2004. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT ETING DATE February 30 2004 AGENDA ITEM NO, ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SALARY RANGES FOR NEWLY ESTABLISHED MISCELLANEOUS POSITIONS n_ PREPARED BY Patt Zama ry DEPARTMENT Interim Hu Resources Director Human Resources EXPLANATION ✓ On September 22, 2003, the Building and Safety Department received grant funding for a program to abate lead -based paint hazards. The Lead Hazard Control Program Coordinator, Lead Inspector/Assessor, Lead Sampling Technician, and Housing Assistant are associated with that program. ✓ On May 6, 2003, the Council approved receipt of funding from CDBG and HOME to fund the Graffiti Program in the Building and Safety Department. The Graffiti Removal Assistant is associated with that program. ✓ On October 21, 2003, the Council approved park security function be brought in-house. The Seasonal Park Aide is associated with that function. The funding was previously related to the Park Security Contract. I The Public Works and Engineering Department has requested the establishment of a class to perform inspections which will enable the City to comply with the City's National Pollutant Discharge Elimination Safety (NPDES) Permit Program and Illicit Connection and Illegal Discharge (ICID) Program. The Storm Water Compliance Inspector is associated with this program. Funding will be General Fund monies associated with the deletion of an Equipment Services Specialist position plus a 13% increase for the Storm Water Compliance Inspector position. ne class specifications for these positions were approved by to Civil Service Commission on November 13, 2003 and January 8, 2004. See attached "Exhibit Am A ( Environmental Review x N/A Financial Statement Approved By: No impact on general fund for any position other than the Storm water Compliance In or. his positio represents an additional 13% over a deleted Equipment Services Specialist position. This ne easet can be absorved by the current Public Works budget.. STAFF RECOMMENDATION Recommend approval of the proposed Resolution BOARD / CMMISSION RECOMMENDATION N/A ATTACHMENTS I Listed Below ) 1. Proposed Resolution \2. Class Specifications A-200 (9199) Resolution No. EXHIBIT A POSITION GROUPP/SALARY RANGE RECOMMENDED SALARY Lead Hazard Control Program Coordinator MEA (Range 120) $42,521 — $51,685 Annually Lead Inspector/Assessor MEA (Range 133) $47,879 - $58,198 Annually Lead Sampling Technician MEA (Range 86) $31,388 - $38,152 Annually Housing Assistant MEA (Range 101) $35,815 - $43,533 Annually Graffiti Removal Assistant LT (Range 076) $28,247 - $34,345 Annually Seasonal Park Aide PT (Range pt080) $11.42 - $13.88 Hourly Storm Water Compliance Inspector MEA (Range108) $38,118 -$46,333 Annually 1 LEAD HAZARD CONTROL PROGRAM COORDINATOR Class specification CITY OF NATIONAL CITY Approved: January 8, 2004 DEFINITION Under direction of the Director of Building & Safety, the Program Coordinator plans, organizes and manages the National City Lead Hazard Program grant from HUD. DISTINGUISHING CHARACTERISTICS This position coordinates activities of two sub -grantees and numerous partners. The position assists residents to receive benefits of the program. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single positionmay not perform all of these duties and/or may perform similar related tasks not listed here. Receives and reviews monthly progress reports from sub -grantees. Coordinates regular monthly and quarterly meeting with sub -grantees and partners. Manages sub -grantee contracts. Develops a data collection system, complies and analyzes dal,". Manages the budget. Evaluates program progress and resolves problems when they occur. Prepares quarterly and annual reports for HUD. Attends meetings and gives presentations on and off site to citizen groups and public and to profit/non-profit organizations. Provides liaison with HUD. Develops screening documents and contracts for program applicants. Makes recommendations on the formulation of policy and procedures. Performs related duties as required. MINIMUM QUALIFICA IONS Training and Experience. Any combination equivalent to training and experience that could likely provide the required knowledge, skills and abilities will be qualifying. A typical way to obtain the required knowledge, skills .and abilities would be: Graduation from an accredited four (4) year institution of higher learning with a major in Health and Human Services or related field and one year experience. (Graduate work, internship or more experience and education may be substituted for lacking requirements.) Knowledge & Skills in: Knowledge of lead -based paint and Federal and State regulatory requirements for lead; record keeping, report writing and modem office procedures including computer skills and basic statistics. Ability to: Plan, write and implement multiple assignments; to understand Federal, State and local laws and ordinances; understand and interpret City. policy; speak clearly; operate a motor vehicle observing legal and defensive driving practices maintain effective working relationships with those contacted in the course of work. Ability to speak and understand Spanish language is highly desirable, but not required. LICENSES, CERTIFICATES' OR SPECIAL REQUIREMENTS Possession of a valid California Drivers License is required at the time of application. ■ l LEAD INSPECTOR/ASSESSOR CITY OF NATIONAL CITY ( CLASS SPECIFICATION Approved: November 13, 2003 DEFINITION Under direction, inspects dwellings and rental housing units for compliance with applicable codes and regulations, assesses the lead -based paint contamination present in dwellings, works with the Housing Inspector/Coordinator to assist homeowners and tenants with their housing needs, and performs related duties as required. DISTINGUISHING CHARACTERISTICS Positions in this class report to the Director of Building & Safety. This class differs from the Housing class, in that this class's focus is on Inspection and assessment of lead -based paint contamination in dwellings and housing. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. Makes field inspections of dwellings and rental housing units and complexes for compliance with provisions of the State Housing Law as contained in the California Health & Safety Code, California and San Diego County health ordinances, and model codes as adopted by the State and City. As part of a team consisting of the Lead Sampling Technician and Lead Inspector/Risk Assessor, conducts visual assessments and identifies visible dust, debris and deteriorated paint; collects dust samples of paint, dust and soil using standard acceptable procedures; interprets the results of a laboratory analysis accurately; integrate the laboratory results with the visual assessment results and other maintenance and management data to determine the presence or absence of lead -based paint hazards; applies these skills to conduct lead sampling clearance examinations; understands the Federal and State regulatory requirements for lead clearance and other lead sampling; writes complete, accurate and understandable reports of the sampling results; discuss the various safe and effective lead hazard control options for specific lead hazards with the owner and determine the most feasible and effective options; prepares a report listing any hazards identified and acceptable control measures; provide rough cost estimates of specific alternatives by : building component. In most instances, uses an XRF Lead Analyzer in the performance of the job. MINIMUM QUALIFICATIONS Training & Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. Completion of a two-year college program in construction or housing inspection technology or two years of housing or building code enforcement experience with an independent company or governmental entity; and must meet all the eligibility requirements for certification and/or certified by the State of California as a Lead Inspector/Risk Assessor. Knowledge of & Skills in: Lead -based paint and Federal and State regulatory requirements for lead sampling techniques and risk amassment; the provisions of State Housing Law as contained in the California Health and Safety Code and pertinent provisions of the California Building Code, California Mechanical Code, California Plumbing Code, National Electric Code, and local housing codes and ordinances enforceable by the City proper inspection methods and procedures. Ability to: Apply knowledge and follow proper inspection techniques to examine dwellings and rental units and complexes and detect deviations from State Housing Law and applicable model codes and local ordinances; correctly sample dwellings for lead based paint as part of a team; keep records and prepare oral and written reports based on the sampling results; understand and carry out oral and written directions; establish and maintain effective communications with tenants, apartment managers and property owners; establish and maintain cooperative working relationships with fellow employees, supervisors and the public. Ability to use the computer in preparation of correspondence and reports. LICENSES CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Driver License is required at the time of application. Certification by the State of California as a Lead Assessor/Risk Assessor. Certification on the NITON XL-300 Series Lead analyzer, and as a Combination Dwelling Inspector by the ICBO is highly desirable. Ability to communicate in Spanish is highly desirable.■ 0 LEAD SAMPLING TECHNICIAN CITY OF NATIONAL CITY CLASS SPECIFICATION Approved: November 13, 2003 DEFINITION Under direct supervision of the Lead Inspector/Risk Assessor, inspects dwellings for lead -based paint contamination. DISTINGUISHING CHARACTERISTICS This position reports to and works as a team with the Lead Inspector/Risk Assessor. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. Under direct supervision of the Lead Inspector/Risk Assessor, the Lead Sampling Technician, as part of a team consisting of the Lead Sampling Technician and Lead Inspector/Risk Assessor, conducts visual assessments and identifies visible dust, debris, and deteriorated paint; collects dust samples of paints, dust and soil using standard acceptable procedures; applies these skills to conduct clearances after non -abatement activities; understands the Federal and State regulatory requirements for lead clearance and other lead sampling; uses an XRF Lead Analyzer tq perform the analysis in most instances. Performs related duties as required. MINIMUM QUALIFICATIONS Training & Experience — Any combination equivalent to training and experience that could likely provide the required knowledge, skills and abilities will be qualifying. A typical way to obtain the required knowledge, skills and abilities would-be: High school education and completion of the EPA certified Lead Sampling Technician course and one year experience in housing enforcement or lead sampling. Knowledge of & Skills in: Lead -based paint hazards and Federal and State regulatory requirements for sampling techniques. Ability to: Correctly sample dwellings for lead based paint as part of a team; keep records and prepare oral and written reports based on the sampling results; understand and carry out oral and written directions; establish and maintain cooperative working relationships with fellow employees, supervisors and the public. Ability to use the computer in preparation of correspondence and reports. LICENSES, CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Driver's License is required at the time of application. Certification by the Environmental Protection Agency as a Lead Sampling Technician. The job does not require certification by the State. This position will work directly with the Lead Inspector/Risk Assessor. Certification on the NITON XL-300 Series lead Analyzer is highly desirable. Must have the ability to obtain California certification when it becomes available. Ability to communicate in Spanish or Tagalog is highly desirable.■ Lf HOUSING ASSISTANT CITY OF NATIONAL CITY Cass Specification Approved: January 8, 2004 DEFINITION Under direction of the Director of Building & Safety and the Program Coordinator, certifies applicants for the National City Lead Hazard Program grant from HUD and coordinates the program with existing rehab and weatherization programs. DISTINGUISHING CHARACTERISTICS This position is assigned to a specific grant for lead hazard control. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. Determines and certifies applicants eligibility for the program and for emergency rehabilitation loans by reviewing applications, verifying income, assets or other financial data; develop grant agreement between the Program and Property owners; prepares applicant agreement documents; prepares reports and related correspondence; provides information to applicants and answers public inquiries on the program both in writing and orally; works closely with Environmental Health Coalition promoters and Housing Inspectors to identify potential applicants; attends public outreach meetings; maintains computer records and database on program applicants; types correspondence, reports, requisition forms and other related materials; maintains calendars, schedules and coordinates meetings and performs routine administrative duties; coordinates the lead program with existing low-income loan, rehab and weatherization programs.; checks to make sure all children have been tested for blood lead levels; and performs related duties as required. MINIMUM QUALIFICATIONS Training and Experience. Any combination equivalent to training and experience that could likely provide the required knowledge, skills and abilitieswill be qualifying. A typical way to obtain the required knowledge, skills and abilities would be: Graduation from High School, including or supplemented by specialized training in the clerical housing occupational field plus a minimum of two (2) years progressively responsible clerical experience in social/public service and two (2) years in a housing related field. Knowledge 4 Skills in: Knowledge of lead -based paint and Federal and State regulatory requirements for lead; knowledge of pertinent federal, state and local housing laws, codes and regulations; general office methods and procedures; computer systems and word processing; spreadsheet and database applications. Ability to: Apply and explain federal, state and local laws, regulations, policies, and procedures; prepare statistical reports and maintain complex record keeping systems; work independently; understand and carry -out oral and written directions; effectively communicate both orally and in writing; establish and maintain effective work relationships. The ability to speak and understand Spanish language is highly desirable, but not required. LICENSES, CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Driver's License is required at the time of application.■ GRAFFITI REMOVAL ASSISTANT CITY OF NATIONAL CITY CLASS SPECIFICATION Approved: November 13, 2003 DEFINITION This is a temporary, full-time position that is funded on a year-to-year basis. Appointee to this position will independently perform a variety of manual tasks removing graffiti from various structures and surfaces throughout the City with performance randomly verified by the Graffiti Removal Technician. DUTIES Responds to reports of graffiti by removing graffiti from a variety of structures and surfaces which include buildings, fences, walls, signs, utility boxes, power poles, curbs, gutters, sidewalks and streets using miscellaneous painting tools and chemicals; removes graffiti by painting and application of various chemicals; applies sacrificial coating on walls; maintains written records of work performed and materials and supplies used; performs routine preventive maintenance on painting equipment; performs other related duties as required. Will be trained to use pressure washer and paint spray guns. MINIMUM QUALIFICATIONS Training and Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills and abilities will be qualifying. One (1) year experience working under the direction of a painting contractor. Knowledge & Skills in: Functions, characteristics and proper application in performance of painting; proper use and careof painting equipment; familiarity with proper safety methods and practices for painting and chemical graffiti removal. Ability to: Perform heavy and physically demanding work for lengthy and continuous period of time; perform duties within a tight time schedule; understand and carry -out verbal and written instructions; work cooperatively with the public and others; communicate effectively with superiors, co-workers and the public; properly and safely use painting tools, solvents and chemicals. LICENSES, CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Drivers License is required at the time of appointment with good driving record. Weekend work is required.'" SEASONAL PARK AIDE CITY OF NATIONAL CITY CLASS SPECIFICATION Approved: January 8, 2004 DEFINITION Under general direction, the seasonal aide performs a variety of semi -skilled tasks to maintain parks, to report illegal activities and to do related work as required for a limited period of time. DISTINGUISHING CHARACTERISTICS Independently performs a variety of semi -skilled duties to maintain parks during weekends and holidays. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties, and/or may perform similar related tasks not listed here. Checks facility use permits for compliance with City codes, reports illegal activities and/or safety hazards to City law enforcement officers, maintains records, drives vehicles and maintains playgrounds; rakes leaves, picks -up litter; dumps trash cans, cleans walkways, courts, ball fields, waters landscapes, cleans restrooms and performs related work as required. MINIMUM QUALIFICATIONS Training and Experience: No experience is required. Formal or informal education or training which ensures the ability to read and write at a level necessary for successful job performance. Knowledge of: Basic principles and practices of park maintenance, City codes relating to park usage, basic safety measures and rules as they relate to work. Ability to: Understand and carry -out verbal and written instructions; use hand and power tools; keep simple records of work completed; and establish and maintain cooperative relationship with the public and fellow employees contacted in the course of work. LICENSES, CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Driver's Class C License is required at the time of appointment. ■ STORM WATER COMPLIANCE INSPECTOR CITY OF NATIONAL CITY Class Specification Approved: January 8, 2004 DEFINITION Under general supervision, monitors activities and ensures compliance with the City's National Pollutant Discharge Elimination Safety (NPDES) Permit Program and illicit Connection and Illegal Discharge (ICID) Program; assists with other administrative aspects of the NODES and ICID programs. DISTINGUISHING CHARACTERISTICS This is a single position dass in the Department of Public Works that has responsibility for storm water compliance inspections and enforcement activities. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are performed in accordance with divisional guidelines and are representative of those duties typically performed by this classification. Any single position may not perform all of these duties, and/or may perform similar related tasks not listed here. Receive, record, and investigate complaints from the public and staff regarding violations of NPDES regulations; perform routine inspections of storm water run-off; prepare and issue violation notices; perform sampling and testing of storm water flows; assists with the development of Best Management Practices (BMPs); explain the nature of incurred violations and encourage compliance with same; conduct follow-up abatement procedures including preparation of correspondence, site visits, and communication with property owners; conduct follow-up investigations to ensure compiiaamce; assist in training City staff; maintain files and records; prepare written reports, memoranda, and correspondence; perform related duties and responsibilities as assigned. MINIMUM QUALIFICATIONS Education and Experience - Any combination of educatioim and experience, which demonstrates the ability to perform the duties of this classification. An example would be one (1) year of experience in stone water related work, and two (2) years of college course work in biology, marine biology, environmental engineering, chemistry or a closely related field. A Bachelor's degree in biology, marine biology, environmental engineering, chemistry or a dosely related field is desirable. Knowledge of: Modem office practices, methods, and computer equipment; occupational hazards and standard safety practices; principles and practices used in dealing with the public; principles of proper methods, techniques, and practices used in sampling recreational waters and dry storm water flows; pertinent Federal, State, and local laws, codes, and regulations; basic functions of related regulatory agencies and organizations; stomp water regulations; principles of record keeping, case management, and reporting; English usage, spelling, vocabulary, grammar, and punctuation. Skills and Ability to: Use a radio, cellular telephone, camera, and tape recorder, operate modem office equipment•, operate a motor vehide safely; leam principles, practices, methods, and techniques of code violation investigation and enforcement; exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs; research, collect, compile, and analyze information and data; maintain and update records, Togs, and reports; work independently in the absence of supervision; communicate dearly and concisely, both orally and in writing; establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. LICENSES, CERTIFICATES AND SPECIAL REQUIREMENTS Possession of a valid Class C California driver's license at the time of appointment. A safe driving record is required and must be maintained during period of employment. 8 STORM WATER COMPLIANCE INSPECTOR Class Specification Page 2 PHYSICAL DEMANDS AND WORKING CONDITIONS This position requires working outside in inclement weather with significant noise, fumes, odors and dust levels. There is potential for exposure to environmental, physical and chemical hazards. Varying periods of walking, driving a motorized vehide, standing, sitting, kneeling, stooping, bending, climbing and lifting up to 25 pounds are required. The mental functions include reading, writing and analyzing complex material, mathematical aomputa, operating a computer, motorized vehicle, radio, various office equipment and camera, problem solving, managing multiple projects, calmly handling complaints from angry citizens, calmly communicating compliance requirements to irate citizens, and decision making under stressful conditions.■ City of National City COUNCIL AGENDA STATEMENT AEETING DATE: February 17, 2004 AGENDA ITEM NO. 10 ITEM TITLE: RESOLUTION NO. 2004- : RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ABANDONMENT OF A SEWER EASEMENT WITHIN LOT 12 BLOCK 10 OF MAP 348 AND FURTHER DE- SCRIBE IN EXHIBIT "A" OF QUITCLAIM DEED. PREPARED BY: Xavier Velasco,DEPARTMENT Community Development Commission Housing Coord for t 0,44,7e 336.4250 EXPLANATION: The City of National City holds an abandon sewer easements over the above reference property. As part of the agreement with Southwestern Community College District the City needs to quitclaim this easement in or- der to provide a clear title at the close of escrow. (See Exhibit "B" Vacating of Sewer Easement On Educa- tion Village Project) The sewer easements could be abandoned by executing a Quitclaim Deed and re- cording it with the San Diego County Recorder. environmental Review N/A Financial Statement N/A 1 STAFF RECOMMENDATION Approve the abandonment of the above ref • en =d Sewer Easements and Quitclaim Deed. BOARD/COMMISSION RECOMMENDATION J ATTACHMENTS (Listed Below) 1. Resolution 2. Quitclaim Deed of Sewer Easement 3. Exhibit "A" 4. Exhibit "B" Resolution No. 2004-28 RESOLUTION NO. 2004 — 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE ABANDONMENT OF THE SEWER EASEMENT LOCATED WITHIN LOT 12, IN BLOCK 10 OF THE CITY OF NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC"), by way of Resolution No. 2002-15, is directed as part of a Disposition and Development Agreement ("DDA") to convey clear title to Block 10 to Southwestern Community College District; and WHEREAS, an abandoned City sewer easement exists over Lot 12, Block 10 of Parcel Map No. 348 as recorded October 2, 1882, and new Parcel Map No. 19346, recorded at the San Diego County Recorder's Office on October 3, 2003, as Document No. 2003-1223672. NOW, THEREFORE, BE IT RESOLVED, that the City of National City hereby authorizes the Mayor to execute a Quitclaim Deed of Sewer Easement for the above referenced property and as shown on the attached Exhibit "A". PASSED and ADOPTED this 17th day of February, 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney .ir Nick Inzunza, Mayor EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT WITHIN LOT 12, IN BLOCK 10 OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9TH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECOREDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. RECORDING REQUESTED BY CITY OF NATIONAL CITY AND WHEN RECORDED MAIL DEED TO AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: CDC of National City 140 E. 12th Street, Suite B National City, CA 91950 t SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF SEWER EASEMENT APN No. Title No.: 23038373 U13 Es r1 w Block No.: Z23038373 10, map 348 U46 Lot THE UNDERSIGNED GRANTOR(s) DECLARE(s) CITY TAX $ 0.00 DOCUMENTARY TRANSFER TAX IS $ 0.00 [ ] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated area: [X] City of National City , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City, a Municipal Corporation hereby, REMISE, RELEASE AND FOREVER QUITCLAIM A SEWER EASEMENT to any and all person(s) or entity(ies) having a legal or equitable interest in the hereinafter described real property all right, title, interest and claims to the following described real property: SEE ATTACKED LEGAL DESCRIPTION EXHIBIT "A" County of San Diego ,State of California Date Nick Inzunza, Mayor State of California } County of } SS. On before me, (here insert name) Notary Public, , personally known to me (or personally appeared proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrucment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Affix seal within border MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT WITHIN LOT 12, IN BLOCK 10 OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9Tx STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECOREDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. City of National City COUNCIL AGENDA STATEMENT ,IEETING DATE: February 17, 2004 AGENDA ITEM NO. 11 ITEM TITLE: RESOLUTION NO. 2004- : RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ABANDONMENT OF A SEWER EASEMENT WITHIN LOT 23 BLOCK 9 OF MAP 348 AND FURTHER DE- SCRIBE IN EXHIBIT "A" OF QUITCLAIM3DEED. PREPARED BY: Xavier Velasco, �Cilfre DEPARTMENT Community Development Commission Housing Coordinator at. 336.4250 EXPLANATION: The City of National City holds an abandon sewer easements over the above reference property. As part of the agreement with Southwestern Community College District the City needs to quitclaim this easement in or- der to provide a clear title at the close of escrow. (See Exhibit "B" Vacating of Sewer Easement On Educa- tion Village Project) The sewer easements could be abandoned by executing a Quitclaim Deed and re- cording it with the San Diego County Recorder. Environmental Review Financial Statement N/A N/A r STAFF RECOMMENDATION Approve the abandonment of the abov- r erg{ ed Sewer Easements and Quitclaim Deed. % BOARD/COMMISSION RECOMMEND ION r ATTACHMENTS (Listed Below) 1. Resolution 2. Quitclaim Deed of Sewer Easement 3. Exhibit "A" 4. Exhibit "B" Resolution No. 2004-29 RESOLUTION NO. 2004 - 29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE ABANDONMENT THE SEWER EASEMENT LOCATED WITHIN LOT 23, IN BLOCK 9 OF THE CITY OF NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") by way of Resolution No. 2002-15 is directedas part of a Disposition and Development Agreement ('DDA') to convey clear title OF Block 9 to Southwestern Community College District; and, WHEREAS, an abandoned City sewer easement exists over Lot 23, Block 9 of Parcel Map No. 348 as recorded October 2, 1882, and new Parcel Map No. 19346 recorded at the San Diego County Recorder's Office October 3, 2003, as Document No. 2003-1223672. NOW, THEREFORE, BE IT RESOLVED, that the City of National City hereby authorizes the Mayor to execute a Quitclaim Deed of Sewer Easement for the above referenced property and as shown on the attached Exhibit "A". PASSED and ADOPTED this 17th day of February, 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. riser, III City Attorney Nick Inzunza, Mayor EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT WITHIN LOT 23, IN BLOCK 10 OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9TH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECOREDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. RECORDING REQUESTED BY CITY OF NATIONAL CITY AND WHEN RECORDED MAIL DEED TO AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: CDC of National City 140 E. 12th Street, Suite B National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF SEWER EASEMENT APN No.: THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ 0.00 CITY TAX $ 0.00 [ ] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated area: [X] City of National City , and Title No.: 23038373 U13 Escrow No.: Z23038373 U46 Lot 23, Block 9, page 348 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City, a Municipal Corporation hereby, REMISE, RELEASE AND FOREVER QUITCLAIM A SEWER EASEMENT to any and all person(s) or entity(ies) having a legal or equitable interest in the hereinafter described real property all right, title, interest and claims to the following described real property: SEE ATTACHED LEGAL DESCRIPTION -EXHIBIT "A" County of San Diego Date ,State of California Nick Iuzunza, Mayor State of California County of } } SS. On before me, (here insert name) Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrucment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Affix seal within border MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT WITHIN LOT 23, IN BLOCK 9 OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9TH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECOREDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. City of National City COUNCIL AGENDA STATEMENT .JIEETING DATE: February 17, 2004 AGENDA ITEM NO, 12 ITEM TITLE: RESOLUTION NO. 2004- : RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ABANDONMENT OF A SEWER EASEMENT WITHIN LOT 23 BLOCK 10 OF MAP 348 AND FURTHER DE- SCRIBE IN EXHIBIT "A" OF QUITCLAIM DEED. PREPARED BY: Xavier Velasco, EXPLANATION: DEPARTMENT Community Development Commission Housing Coordi to 336.4250 The City of National City holds an abandon sewer easements over the above reference property. As part of the agreement with Southwestern Community College District the City needs to quitclaim this easement in or- der to provide a clear title at the close of escrow. (See Exhibit "B" Vacating of Sewer Easement On Educa- tion Village Project) The sewer easements could be abandoned by executing a Quitclaim Deed and re- cording it with the San Diego County Recorder. Environmental Review Financial Statement N/A N/A i STAFF RECOMMENDATION Approve the abandonment of the',•ov- eferenced Sewer Easements and Quitclaim Deed. BOARD/COMMISSION RECOI4lJM1ENDATION ATTACHMENTS (Listed Below) 1. Resolution 2. Quitclaim Deed of Sewer Easement Resolution No. 3. Exhibit "A" 4. Exhibit "B" 2004-30 RESOLUTION NO. 2004 — 30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE ABANDONMENT OF THE SEWER EASEMENT LOCATED WITHIN LOT 23, IN BLOCK 10 OF THE CITY OF NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") by way of Resolution No. 2002-15 is directed as part of a Disposition and Development Agreement ("DDA") to convey dear title to Block 10 to Southwestern Community College District; and WHEREAS, an abandoned City sewer easement exists over Lot 23, Block 10 of Parcel Map No. 348 as recorded October 2, 1882, and new Parcel Map No. 19346 recorded at the San Diego County Recorder's Office October 3, 2003, as Document No. 2003-1223672. NOW, THEREFORE, BE IT RESOLVED, that the City of National City hereby authorizes the Mayor to execute a Quitclaim Deed of Sewer Easement for the above referenced property and as shown on the attached Exhibit "A". PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. DaIIa, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT WITHIN LOT 23, IN BLOCK 9 OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF lilt COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9TH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECOREDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. RECORDING REQUESTED BY CITY OF NATIONAL CITY AND WHEN RECORDED MAIL DEED TO AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: CDC of National City 140 E. 12th Street, Suite B National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF SEWER EASEMENT APN No.: Title No.: 23038373-U13 THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ 0.00 [ ] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated area: [X] City of National City , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City, a Municipal Corporation hereby, REMISE, RELEASE AND FOREVER QUITCLAIM A SEWER EASEMENT to any and all person(s) or entity(ies) having a legal or equitable interest in the hereinafter described real property all right, title, interest and claims to the following described real property: Escrow No.: Z23038373 U46 Lot 23, Block 10, page 348 SEE ATTACHED LEGAL DESCRIPTION —EXHIBIT "A" County of San Diego CITY TAX $ 0.00 ,State of California Date Nick Inzunza, Mayor State of California County of } SS. On before me, (here insert name) Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrucment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature Affix seal within border MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT 13" VACATING OF SEWER EASEMENT ONEDUCATION VILLAGE PROJECT EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT WITHIN LOT 23, IN BLOCK 10 OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9T11 STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECOREDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. City of National City, California COUNCIL AGENDA STATEMENT FETING DATE February 17, 2004 (ITEM TITLE WARRANT REGISTER #31 AGENDA ITEM NO. 13 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #31 per Government Section Code 37208. Environmental Review N/A 1-Financial Statement Not applicable. Approved By:7V Finance Direct Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 899,677.10. t BOARD / COMMISSION R O ENDATt©N ATTACHMENTS ! Listed Below ) 1. Warrant Register #31 2. Workers Comp Warrant Register dated 01/28/04 3. Payroll Warrant Register dated 01/28/04 Resolution No. A-200 (9.99i 1 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE February 17, 2004 AGENDA ITEM NO. 14 (-ITEM TITLE WARRANT REGISTER #32 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #32 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By Finance Dirr to Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 355,691.79. BOARD / COMMISSI0 RECOM DATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #32 2. Workers Comp Warrant Register dated 02/04/04 3. Resolution No, A-200 (9,991 City of National City, California COUNCIL AGENDA STATE ENT FETING DATE February 17, 2004 AGENDA ITEM NO, 15 ITEM TITLE CLAIM FOR DAMAGES:Elizabeth Cadena PREPARED BY Michael R. Dalla, CM 1 PARTMENT City Clerk EXPLANATION The claim of Elizabeth Cadena arises from an occurrence on December 5, 2003 and was filed with the City Clerk's Office on January 22, 2004 Environmental Review XX N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS d Listed Below ) LN/A Approved By; Finance Director Account No. Resolution Noa. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2004 AGENDA ITEM NO. 16 ITEM TITLE NOTICE OF DECISION — DENIAL OF A CONDITIONAL USE PERMIT FOR A RESTAURANT ON THE EAST SIDE OF WILSON AVENUE APPROXIMATELY 94 FEET NORTH OF 22ND STREET (APPLICANT: OSCAR FONSECA) (CASE FILE NO.: CUP-2003-14) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is a 7,840 square foot lot on the east side of Wilson Avenue approximately 90 feet north of W. 22ed Street in the Light Manufacturing Residential (MLR) zone. The 125 foot deep rectangular lot has approximately 69 feet of frontage along Wilson Avenue. The eastern one-third of the lot slopes down considerably from the west to the east. The property is vacant; however, there is a partially constructed block wall around much of its perimeter. The applicant proposes to construct and operate a 1,835 square foot, two-story restaurant. The 27-foot tall building would have a stucco exterior accented with ceramic tile on its west (facing Wilson Avenue) and north elevations. It would be located on the south side of the lot four feet from the front property line. A driveway on the north side of the property would provide access to a 10-space parking lot at the rear of the building. The applicant requested a Variance from off-street parking requirements, since the Land Use Code requires 26 spaces for a restaurant of this size. Planning Commission held public hearings on this item at their December 1st and January 5th meetings. Planning Commission had continued the hearing to allow for the Old town neighborhood council to be notified of the proposal. At both meetings Commissioners discussed the adequacy of the off-street parking in relation to the size of the restaurant. The applicant agreed to eliminate the entire second floor, thereby removing the need for the Variance. The Commission also discussed the pending Specific Plan for the Westside, and heard public testimony questioning the Ccompatibility of the proposed restaurant with existing residential uses. Finally, the Commission voted to deny the onditional Use Permit finding that the restaurant would have an adverse effect on the adjacent residences. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes- Baca, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Pruitt Nays- Graham Absent- Saludares ATTACHMENTS i Listed Below ) Resolution No. 1. Planning Commission Resolution No. 3-2004 3. Site photographs 2. Location Map 4. Site plan and building elevations A-200 (Rev. 7/03) RESOLUTION NO. 3-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A RESTAURANT ON THE EAST SIDE OF WILSON AVENUE APPROXIMATELY 94 FEET NORTH OF 22ND, STREET APPLICANT: OSCAR FONSECA CASE FILE NOS. CUP-2003-14/Z-2003-10 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for a restaurant on the east side of Wilson Avenue approximately 94 feet north of 22nd Street and a Variance application for less than required off-street parking at the public hearing held on January 5, 2004, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. CUP-2003-14 and Z-2003-10 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, at said public hearing the applicant agreed to modify the proposal in such a way that a variance was no longer necessary, and that the Planning Commission considered the modified proposal; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 5, 2004, failed to support findings, required by the Municipal Code for granting any conditional use permit. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 5, 2004 support the following finding. That the proposed use may have an adverse effect upon adjacent or abutting properties, since it will adversely affect adjacent neighbors due to refuse typical of the use and incompatible hours of activity. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2003-14. BE IT FURTHER RESOLVED that Variance application Z-2003-10 is deemed withdrawn. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become ,effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 2, 2004, by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS NAYS: GRAHAM ABSENT: SAL UDAREs ABSTAIN: �H(��1�2MAN PROJECT LOCATION TROLLEY STATION LO ATION MAP Public Works Yard IC -OS w 4.0 ML-PD 100 0 100 Feet ZONE BOUNDARY Conditional Use Permit for a new restaurant and a Variance for less than required off-street parking CUP-2003-14/Z-2003-10 NATIONAL. CITY PLANNING DRN. DATE: 11/14/03 INITIAL HEARING: 12/0.1 /03 Site Photographs View of the site from across Wilson Avenue View of the site from the Public Works Yard to the east • • • p Tommy*Lee p IFJ WM 0' awe O AREA N' TRAM LNCLORAaO p NGT WED O NON ARA coo FAD OF MILLIONS O CGIITEN Low co. mew Oi co CW62 @CR?aaYlR VAN ACQCNDLE mamma. CTALI. • NOi ORIVH.NY TO 1X TAROT= O NOi PAVHR DY OWNER O NOT RAO O MN 6TRR TAM O NoTla= O mar MD O NOT UMW • NOT usec. 244 NOT LLND 6 NOT WOO O Nor LDFD O NOT um, LAO NM 'ANT 24' TREE OCR PRO FIFA 24' TRW OCR CRAM CROWD COMB la° LINE SPRINKER NEAT) TYP. EXISTING WATER METER NATIONAL CITY PLANNING DEPT. EXHIBIT A - CASE FILE NO. CUP-2003-14 DATE: 5/15/2003 WILSON AVE P ITE SCOPE OF WORK M T! OT MOO RATIOOR CN RR PROT MOOR APO !LW= FACILITY APACE tllikLOWL12.M1 FAST FOOD EATN6 ND. E. CN FaROT FLOOR MECIEATKNA. SPACE 130. SF. CN tNE ROUT) FLOOR • 8TA14:1A10 PAMIRS STALL 1 CdTSCTTARON6 STALL t VAN A 0116115' E PARKINS STALL ai AOA4CBR tor TO OIPPLY AREA CV PARC6D OPACSO ON TI& D.0{2aT AND FAO' POGO Me MOWED THE FORGO, REpa@B1rD 1/n M]E 16.0 PROJECT INFORMATION CYNER' WOO OUOIA Ara dig. VV. ny)11 0 P412ROT ADDIION 2O'1 NLLA10N AVE NATIONAL CITY, CA. 91000 CULOM TRW. TR; v. 2.N4T®.OPRNO.EO ASOFOOCR PARC6S NO' 68&D0-n IFELD6G COP& OCCUPANCY' 2DS1' WIRER OF OTORP2 PAR. 2 APN. m9.w-n LEGAL DESCRIPTION ALLEY CLOD AD.I AND LOTS 9 A1D 6 AND NI OF LOT 1 d.K n0 TR OY • Natividad Dominguez , Fast Food Eating and BatmiRuet Space oom 2127 Wilson Ave National City, Ca. 91050 INI IR•• aTn Ms, box 110.1111m NAM OI. .+/MR d— SITE PLAN e �W 8P11 Fr ife'-r-o' All NEW PLAN KEY NOTE ® POOR PER DOOR SCAEIGLEE NNDON PER SCHEDULE V 1----NALL PER LEGEND ROOM WEER ER PER wLBW SCHEDULE ▪ FURNACE WM I t ALIGN NALL NITN a d t 4 WALL 1416111E AIDO EXISTING WALL TO RERAN NALL TO CE OBYUsaD ▪ NOT USED ® NX 6 WOOD SAID N 16. — NALL NRN a .5D. CN THE - a AID EXIEIEOR' - ��oNM gginike �11iDe KEY NOTE Oi WALL TO SE DEMO O Nor ago 0 ,.eG,ITI O GEMNG POOL 0 NOT sap O NOT USED 0 NOT Imo 8 NOT USED NOT USED © NEW NNDCW PER aoapu.E ® mem Dome PER GORDULa Nativldad Dominguez A new Fast Food Eating and Banquet Space Room 2127 Wilson Ave National City, Ca. 919E ems eel eve. Rr. ,PwbM R*Rx urn Or. SWAY Cod Re p elaliee A FIRST FLOOR PLAN CONCEPTUAL ELEVATION SECOND FLOOR PLAN FLOOR PLANS eCALE, V6' • r-r City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Febniary 17, 7004 AGENDA ITEM NO. 17 / ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO MARCOTTE & HEARNES BUILDERS, INC. FOR THE NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT, SPECIFICATION 1029 PREPARED BY Stephen Kirkpatrick 336-4383 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review X N/A Financial Statement Funding for this project is 250-409-500-598-1588 301-409-500-598-1588 302-409-500-598-1588 available in the following accounts: $ 6,866,729 $ 202,500 S 2.225.000 Approved By: Rna rDire Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution A-200 (9:99) ( Listed Below ) Resolution No. 2004-31 EXPLANATION: Bids were opened for the National City Fire Department, Station 34 project on Wednesday February 4, 2004 at 3:00 pm. Plans had been advertised for construction bid since December 31, 2003, so there was approximately a five -week bidding period. The construction estimate for the project is $7,095,000. Six bids were received, in order from low to high: MARCOTTE & HEARNE BUILDERS T.B. PENICK & SONS, INC. CE WYLIE CONSTRUCTION CO. SOLPAC, INC RIHA CONSTRUCTION CO. A & D FIRE PROTECTION, INC. $ 6,749,000 $ 6,945,000 $ 6,950,000 $ 6,985,000 $ 7,200,000 $ 7,330,000 By speaking with Marcotte and Hearne Builders regarding the project, by speaking with other Architects that have worked with Marcotte and Hearne Builders, by checking references, and speaking with listed subcontractors in Marcotte and Hearne Builders' bid, it appears that we have a good contractor and a quality price — 4.8% below our construction estimate. The project is being awarded based solely on the base bid cost. However, the contract contained three additive alternatives and four deductive alternatives that could be utilizedif the base bids came in above or below the budgeted project amount. By creating the alternates in the bid documents, the goal was to give the City flexibility to move forward with the project by using the alternates if it was needed to reduce the cost, and thereby avoiding the need to redesign and re -bid if the proposals were too high. As stated previously, Marcotte and Hearne Builders' proposal was below our estimate. In reviewing the alternate items and the proposal our budget allows us to add all three alternates. Add Alternate One is the a fifth Story on the training tower - $87,055. Add Alternate Two is a fully automated fire control system (burn room for live fire training) - $137,380. Add AlternateThree is a one-year (in addition to the one-year warranty) on the HVAC system. - $1,150 Including all three alternates the total construction cost of the project is $6,974,585, still 1.7% below our budget estimate of $7,095,000 This project is being funded by three sources. A HUD loan in the amount of $6,866,730, a CDBG Grant in the amount of $202,500, and finally a loan from CDC reserves in the amount of $2,225,000. Please see "Financial Statement" on the A-200 form cover . The total construction cost of the project is as follows: Construction Bid including alternates $6,974,585 Architecture/Engineering $675,000 Temporary Facilities $250,000 Construction Management $300,000 Material Testing and Inspection $60,000 Furniture, Finishes, and Equipment $250,000 Contingency $600,000 Fiber Optic Connection $100,000 Public Art 77,500 Total $9,287,085 RESOLUTION NO. 2004 — 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MARCOTTE & HEARNES BUILDERS, INC. FOR THE NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT ENGINEERING SPECIFICATION NO. 1029 WHEREAS, the Engineering Department did, in open session on February 4, 2004, publicly open, examine and declare all sealed bids for the National City Fire Department, Station 34 project, Specification No. 1029. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Fire Department, Station 34 project to the lowest responsive, responsible bidder, to wit: MARCOTTE & HEARNES BUILDERS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between Marcotte & Heames Builders, Inc. and the City of National City for the National City Fire Department, Station 34 project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ITEM #18 2/17/04 OLD BUSINESS DISCUSSION OF CITY TAXICAB PERMITS (COUNCIL INITIATED) City of National City, California COUNCIL AGENDA STATEMENT JEETING DATEE February 17, 2004 19 AGENDA ITEM NO. / ITEM TITLE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDING 2001-02 PREPARED BY Marylou Matienzo DEPARTMENT Finance Ext. 4331 Director of Finance EXPLANATION The Certificate of Achievement for Excellence in Financial Reporting has been awarded again to the City of National City for fiscal year ending 2001-02 by the Government Finance Officers Association of the United States and Canada (GFOA) for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized Comprehensive Annual Financial Report. The report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current Comprehensive Annual Financial Report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. 'The GFOA is a nonprofit association serving 12,625 government finance professionals with offices in Chicago, Illinois and Nashington, D.C. r Environmental Review NIA Financial Statement Not Applicable Approved y finance Director Account No. STAFF RECOMMENDATION Staff recommends to receive and file. BOARD ! COMMISSION RECOMMENDATION ATTACHMENTS Listed Below A copy of the Certificate of Award Resolution No. A-200 (9i99) Certificate of Achievement for Excellence in Financial Reporting Presented to City of National City, California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2002 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and fmancial reporting. President Executive Director City of National City, California COUNCIL AGENDA STATEMENT ETING DATE February 17, 2004 AGENDA ITEM NO. 20 ITEM TITLE REPORT ON THE LAS PALMAS GOLF COURSE PREPARED BY George H. Eiser, III (EXT. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached staff report. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Accept and file report; consider direction to staff. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Memorandum Resolution No. A-200 i9. 99; City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council FROM: City Attorney SUBJECT: Report on Las Palmas Golf Course DATE: February 12, 2004 This memorandum is in response to the request made at the February 3 City Council meeting for a report on the operation of the Las Palmas Golf Course. By way of background information, the golf course is owned by the City and operated by American Golf Corporation pursuant to a lease dated May 3, 1984. Following are the principal features of the lease: • Use. The premises are to be used only for the purposes of operating a public -golf course, driving range, club house, restaurant and bar, furnishing of golf lessons, operating a pro shop, and for other uses customarily associated with the operation of a golf course. • Term. The initial term of the lease was for five years, with the tenant having the option to extend the lease for seven five-year terms, provided the tenant has complied with all of its obligations under the lease. The City reserves the right to offer the tenant two additional five-year option periods. • Rent. Rent shall be the greater of specified minimum rent or a percentage of the tenant's gross sales. The minimum rent and percentages increase at various anniversary dates of the lease. For example, the lease is in its 19th year. Accordingly, the minimum annual rent is $60,000, and the percentages of gross sales are 8% from greens fees, cart rentals and driving range, 6% from sales of food and beverages, and 6% from sales at the pro shop. According to information furnished by the Finance Department, total rental received for FY 2002-2003 was approximately $73,000. • Utilities. The tenant is obligated to pay for all water, gas, electricity and other utilities. • Repairs. The tenant is responsible for all repairs. • Maintenance; Monitoring Board. The tenant agrees to maintain the premises in "first class condition". At the City's discretion, the tenant and the City may form a Monitoring Board which shall review the condition of the golf course and make recommendations as to better maintenance. These recommendations may not exceed the reasonable standards of maintenance set forth in an exhibit to the lease. If they are not complied with, said failure of compliance is considered a material breach of the lease, which constitutes grounds for termination by the City. Recycled Paper Report on Las Palmas Golf Course February 12, 2004 Page Two • Greens Fees. Green fees are set forth in the lease. Since the lease commenced, fees have been increased a number of times by amendment to the lease. • Opportunity to Cure Breach. The tenant has 60 days to cure a default in payment of rent or other default in performance. • Assignment. The lease may not be assigned or sublet without prior written consent of the City. • Management. The tenant agrees to operate and manage the services and facilities in a "first class manner". • Water Rights. The City reserves the rights to the water well located on the premises. The tenant has the obligation to maintain the well. The City reserves the right to enter the premises to construct additional wells. The tenant may use the wells to provide water solely for the golf course. • Right of Entry. The City reserves the right to re-enter the premises for the purpose of constructing and operating a restaurant, provided that the City's re-entry will not materially interfere with the tenant's rights under the lease, or materially diminish the tenant's income. The Acting Director of Parks and Recreation has informed me, in connection with this report, that the City and American Golf have a good relationship. However, it has also been reported that over the past several months American Golf has been slow in responding or non -responsive to some complaints. For example: • The perimeter fence is in need of repairs, which were to have been completed by October 17, 2003. These repairs have not been done. • Repairs to the well are occasionally delayed, creating problems for the City with irrigation and in filling the swimming pool. • The condition of the course at this time is fair, due to the season. The sand traps have recently been re -done. Some netting around the course is still in need of repair, and there are bare spots which must be re -seeded or re -sodded. GEORGE H. EISER, Ill City Attorney GHE/gmo ITEM #21 2/17/04 DISCUSSION OF "TERM LIMITS" FOR THE MAYOR'S OFFICE (COUNCIL INITIATED) City of National City, California COUNCIL AGENDA STATEMENT February 17, 2004 2ETING DATE AGENDA ITEM NO. 22 ITEM TITLE TEMPORARY USE PERMIT — Vecinos Unidos-Old Town Neighborhood Council & Building & Safety Department PREPARED BY EXPLANATION Rosie Gutierrez, 336-4 ` 0 DEPARTMENT Building and Safety This is a request from the Vecinos Unidos-Old Town Neighborhood Council to conduct a beautification project. The event involves painting homes, planting trees and trash clean up in the area surrounding 16th Street and Coolidge. This event will take place on February 27`h through 28th, 2004 between the hours of 7:00 a.m. and 5:00 p.m. A Fiesta will follow this event. The Vecinos Unidos-Old Town Neighborhood Council is requesting that 16th Street between Coolidge and Harding and Harding between 15th and 17th be blocked off to permit a safe work zone for all volunteers. The Vecinos Unidos-Old Town Neighborhood Council is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Policy Number 704. r Environmental Review X N/A Financial Statement The City has incurred $170.00 in costs for processing theP.111? feticOli various rCit Director departments and $20.00 from the Public Works Department, totaling $190.00. Account No. STAFF RECOMMENDATION Approve the Application fora Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 19.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: Vecinos Unidos — Old Town Neighborhood Council Neighborhood Beautification February 27th-28th, 2004 APPROVALS: PLANNING YES [x] ENGINEERING YES [ x ] FIRE YES [x] POLICE YES [ x] CITY ATTORNEY YES [x ] RISK MANAGER YES [ x PUBLIC WORKS YES [ x ] San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] FIRE 336-4550 1. Maintain Fire Department emergency vehicle access at all times 2. Tents having an area in excess of 200 square feet and or canopies in exceeds of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. 3. A map indicating the street closures and time and duration of closures must be submitted to the Fire Department no later than February 20, 2004. PUBLIC WORKS 336-4380 1. Recommend blocking of Harding at 15th and 17th making barricades visible to motorists. 2. Delivery and pick up of barricades - $20.00. ENGINEERING 336-4380 1. Contact Engineer Dept. 72 hours prior to event. RISK MANAGER 336-4243 1. Due to this being a City event, no insurance is required. 2. A roster of volunteers needs to be provided. Please double check with Personnel the requirements for using volunteers. Month/Day/Year Actual Event Hours: , 5 ° ar !pm to 5'c ° am/ Setup/assembly/construction Date: Feb 7 Start time: IJ °a N Please describe the scope of your setup/assembly work (specific details): Vy- Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other Event Title: U e L 1 11p S /i vl G ( Event Location: Coo c e. n: )(Community, hvent _ Blr k Party Event Date(s): From Fe.- Z? to re-6 Total Anticipated Attendance: 2-5 ( ,?C Participants) ( Spectators) Dismantle Date: jre-6 2- Completion Time: 'Pt am/0 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. ca% of %fie AuC©f'4L\ c Sponsoring Organization: ; ,1 ""' Chief Officer of Organization (Name) Applicant (Name): le6i Address: F Daytime Phone: Evening Phone: ( Contact Person "on site" day of the event: Email rG.ia.()'+wry r4- (:. For Profit Not -for -Profit 16111b fpot f)wv^ � -AI"'v Pager/Cellular: Ce l l Cr Fax: ( ) ( c7(n fi, NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT ARip IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): )(YES NO YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. V?([vt0S `��,?,61.0 c% (✓["t: r i 1vetGL.h6;(!^.C)O COLA rn - :. {-i.; ''ac u�f 1 (. YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X'NO Does the event involve the sale or use of alcoholic beverages? _ YES X NO Will items or services be sold at the event? If yes, please describe: YES K NO YES X NO YES NO YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 44 Sizes f b O NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 5 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above • Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: J r) Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: (v,:�TCP/s t/Vj l 7..,-) I rte. : / if , S l /a Cr,�.. 3 Please describe your procedures for both Crowd Control and Internal Security: 01L't '44'e Or C 6 Ve o-t- ° e, ( YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicatq what arrangement you have made for providing First Aid Staffing and Equipment. r -1' A- GV ' ; -,"S % t f & Zwl. C C... , Please describe your Accessipility Plan, for access at your event by individuals with disabilities: All L,11 !!� aye ,(ftd rh 6AGC-e ES Areac•. Please provide a detailed description of your PARKING plan: / o s f I/a iLA.v�q rc Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES 'X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? XYes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization. (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4, Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the,Flirect recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 0/7 Date 9 City of National City, California COUNCIL AGENDA STATEMENT bETING DATE February 17, 7004 AGENDA ITEM NO. 23 ITEM TITLE T4.'O$A USE PERMIT — ST. ANTHONY'S CHURCH -FESTIVAL PREPARED BY Rosie Gutierrez, 3310 DEPARTMENT Building and Safety EXPLANATION This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Ave. from 9:00 a.m. to 8:00 p.m. from Saturday, June 12 thru Sunday, June 13, 2004. The event will consist of carnival style game booths, musical entertainment and concession stands. The applicant is requesting that Harding Ave. from W. 18th St. to W. 19th St. be closed Saturday, June 12, 5 a.m. through Sunday, June 13, 2004, 9:00 p.m. The applicant is requesting to have a "beer garden" to sell alcoholic beverages. The church is requesting a waiver of fees. The event does not qualify for a waiver of fees per City Council Policy 704. CEnvironmental Review N/A Financial Statement Approved y: The City has incurred $241.00 in processing this TUP through various City Departnftseardctor $34.00 in Public Works costs and $85.00 in Fire Dept. costs. The total cost of the event to the City is $360.00. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all Conditions BOARD //pCOMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For a Temporary Use Permit with recommended Conditions of Approval. A -zoo L9 991 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Anthony's Church EVENT: Festival DATE OF EVENT: Saturday, June 12- Sunday, June 13, 2004 TIME OF EVENT: 9:00 a.m. to 8:00 p.m. APPROVALS. FIRE YES [ x] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [x ] NO [ ] SEE CONDITONS [ x PUBLIC WORKS YES [x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Fire protection appliances are not to be blocked at any time (fire hydrants, sprinkler connection (FDC), fire extinguishers etc.). 3. Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet, or a combination thereof. Tents and canopies shall be flame retardant treated. Permit fee is eighty-five ($85.00) dollars. Permit to be obtained from the Fire Department. 4. 2-A: 10-B: C fire extinguishers are required. Fire extinguisher locations to be plainly marked and not to exceed a travel distance of seventy-five (75) feet. Fire extinguishers are also required in al cooking locations. 5. 40-B: C dry chemical fire extinguishers shall be provided where deep fat fryers are used. 6. All canopies used in cooking areas are to be flame retardant treated. 7. Site plan required; must reflect location of cooking area, booths, canopies, show cars, and access points. 8. Metal cans with lids are to be used for the disposal of charcoal. Cans to be labeled "Hot Coals only". FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City and it's officials, employees, agents and volunteers be named as additional insured on above policy. 3. Standard hold harmless signed. (Done) ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of construction in the vicinity -call Charles at (619) 336-4380. PUBLIC WORKS 336-4580 1. Public Works will set barricades on corner for placement by event staff. 2. Public Works will post temporary, "No Parking" on Harding for event. 3. Cost will be $34.00 Type of Event: Public Concert Parade Motion Picture Event Title: Fair Demonstration Grand Opening Event Location: /$ / / �QD»ar Event ate(s): FroMf APt"e Month/Day/Year Actual Event Hours: 9 /pm to i amen Setup/assembly/construction Date: G®/1-dy Start time: /Festival Circus Other Commynity Even Block 144 Total Anticipated Attendance: 3T0 (50 Participants) (SOO. Spectators) Please describe the scope of your setup/assembly work (specific details)f�!/ D®� .5 � �„ P // r4 � sew p AlvA /id aap9vg, PM Dismantle Date: /- /3- ' Completion Time: 7'�^' am/A List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. i/ARdi�� . L'P CI, (7- c �i % - y` 5.'AM fiP 6,i)e /y /-/3pS' 9:PM Sponsoring Organizations/ /�✓:g+ur of / i w4 (-44 4 Chief Officer of Organization (Name*v \ r\-Q fi E t 1' \ sat( Applicant (Name):) Address: a /6 / ND/v' Daytime Phone: (ii9) 77?-"'5Z0 Evening Phone: ( ) ft Fax: p?f) Contact Person "on site" day of the event:! Email Pager/Cellular: i 7 C 6 473 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS For Profit Not -for -Profit 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): ES — NO YES SNO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. �- / t / /) ��p / nP `�� fie_—�/�P fyafSlf� iel ldRic U VcC. h WIN 4e V !Ot•�. PA PI' RP r /4dDN F kiw AA/I A 6PA f ooleai s E' YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? i/ YES NO Will items or services be sold at the event? If yes, please describe: /106://edioCe-STM90 YES VNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. is/YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. - YES NO Does the event involve the u e of tents or canopies? If YES: Number of tent/canopies _ Sizes /4 X/2 NOTE: A separate Fire Department permit is required for tents or canopies. YES /NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: A Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. A Food Concession and/or Food Preparation areas Please describe how food will be served at the event: (,v, ij ode iVe. If yo intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): A Portable and/or Permanent Toilet Facilities Number of portable toilets: 2., (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) A Tables and Chairs A. Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity A Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers A Other related event components not covered above A Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Sr Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: 7hefie lksj// Ae cw.R/r C,ievelle YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of yopr PARKIN � plan- . 4' !Ale. (An P n .y 1✓; c.( 1 // p 1 / Please describe your plan for DISABLED PARKING: We ARP AfA'i m /ade ,®/r-aUen sre; ,,Ls 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: vn M/Jolh NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. VYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: / ' Type of Music: ,i�'1/afitilplir - %C'bd/t'�DRiC.m /Qfi�&a►3,g- S _ NO Will sound amplification be used? If YES, please indicate: Start time:J / 6}pm Finish Time PA4 6"m- YES eiN0 Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES pNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office `Use Onty Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Y Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. 7% /2 Name of the sponsoring organization, ( %UAC4 Type of Organization .- r/..17c (Service C{ub, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) WO No (Please sign the form and submit it with the TUP Application) 4, Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in. the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation"of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG)funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) -Signetu(re Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 ci (\67,1 t /iv ?PYao'g 7 1411 fi 4v/7i-e47(61 cf-v- 1 N L. • City of National City Office of the City Manager 1243 National City Boulevard, National City, CA 91950 (619) 336-4240 To: Mayor & City Council From: Chris Zapata, City Manager Date: 2/12/2004 Re: Discussion of Council/Staff Retreat Concept ITEM #24 2/11/04 I am requesting a discussion topic be scheduled for the February 17, 2004 City Council Agenda to select an upcoming date, possibly a Saturday, to get together and discuss Council priorities as well as current, or needed, City projects by Departments. A goal of such a retreat would be to establish priorities, timelines, responsible parties, and funding opportunities. This will provide direction to staff as well as assist in the budget process. The suggested format is as follows: Purpose — Chris Zapata II. Brief City Department Presentations — Department Heads f II. City Council Priorities — Mayor & Council IV. Discuss Prioritization of Activities — Mayor & Council Let me know if you have questions or comments. cc: Park Morse ® Recycled Paper MATERIALS DISTRIBUTED AT THE CITY COUNCIL MEETING TAXI REPORT 2001 by Darlene D. Davis N e6ro , CA 9z__/6' I-2/728 (/)2/- 27/4 Foreword Simply remove the REPORT from the binder and follow the narrative through each exhibit. Exhibits are pared to the basic minimum to keep the report to reasonable size, are numbered, and can be removed for further perusal and replaced with ease in the appropriate exhibit tab as provided in the binder. It is unavoidable that a discussion of due process be filled with ordinance language and legal documents. By design this report can be read on two levels. All can confidently read just the highlighted portions of each exhibit and still follow the narrative. Those who need to know more will read more. The charge in this report is that lease drivers are being denied due process outright and owner operators are being forced to violate constitutional rights. Consciously so. Due process costs money and the larger fleet owners do not want that cost reflected in their vehicle regulatory fee. MTDB finds this acceptable. I find it intolerable so l am requesting that no discussion of new permits beyond that scheduled on March 21 at the Rules Committee be contemplated till this situation is remedied. The only permanent remedy is to begin the process to bring enforcement, administration and legislation of taxis back to the City, while instructing MTDB to refrain from going into legislative session regarding any further laws dealing with paratransit matters. That is the only moral and ethical solution available to you. Exhibit List No. Description 1-1 Municipal Code Chapter VII, Article 5, Paratransit Code page 1 1-2 Council Policy 500-2 1-3 San Diego Municipal Code, page 7-17 2-1 MTDB Ordinance 11, page 1 and 37 2-2 Policy 35, page 1 and 4 3 San Diego City Charter Article III, Section 11 and 11.1 4 March 8, 1990 MTD Board Meeting transcription 5 Barriage Memorandum of Law 6 September 26, 1993 Davis letter to Summers 7 Davis 1993 Taxi Report, title page, foreword, Table of contents, page 4, conclusion, recommendation 8 May 19, 1994 City of San Diego Memorandum of Law 9 FIRST Amendment to Agreement for Administration of Paratransit Regulations 10 THIRD Amendment to Agreement for Administration of Paratransit Regulations 11-1 December 21, 1988 MTDB Ordinance, pages 18, 19, 20 and 21 11-2 Current MTDB Ordinance 11, pages 18, 19, 20 11-3 Current MTDB Ordinance 11, pages 21 and 22 12 MTDB Administrative Regulation 89-1, page 1 13-1 March 25, 1992 Barriage letter to Lupro 13-2 March 30, 1992 Lupro letter to Barriage 13-3 March 30, 1992 Lupro letter to Davis 13-4 March 31, 1992 Barriage letter to Lupro 13-5 April 8, 1992 Blanz letter to Barriage 13-6 April 10, 1992 Barriage letter to Blanz 13-7 April 21, 1992 Blanz letter to Barriage 14 MTDB Administrative Penalty Guidelines 15 MTDB Ordinance 11, page 23 REPORT In the City Manager's report dealing with taxis (as at yet un-numbered as I write this), you will find the following on page 2: City and MTDB 's Roles Relative to Taxicabs Beginning in January 1989, at the City's request, all taxicab licensing activities were transferred to MTDB via a written agreement between the City and MTDB. The MTD Board adopted an ordinance and permit policy identical to the City's. From time to time, the MTD Board has modified the taxi regulations. In 1994, the City Attorney determined that the City retains authority as to major policy relative to taxicabs. All the above is factually true and entirely misleading. Unless you understand why, my city will make poor decisions regarding the issuance of any new taxi permits. This report will clarify the above as it delineates the denial of due process to the regulated. The policy of a city is expressed through a vote on an ordinance or a resolution. Our city's policy prior to 1989 was expressed in two separate documents. Ordinances were found in the Municipal Code and resolutions in Council Policy 500-2 (See Exhibits 1-1 and 1-2). In 1989, the City requested that MTDB assume all rights, responsibilities and duties of the city in regard to paratransit matters. This was accomplished by the MTD Board adopting an ordinance and permit policy identical to the City's. These two documents were initially similar to ours and are known as Ordinance 11 and Policy 35 (Exhibits 2-1 and 2-2). A contract was drafted and signed by both entities and we are now into our FIFTH AGREEMENT. There is a major problem with the above, however. San Diego is not a general law city. We are a municipal corporation and chartered city as are the cities of San Marcos and Chula Vista. A charter city has rights unique to it and the major responsibility is to not violate any charter provision till such time it is changed by a vote of the people. The City of San Diego's charter provisions regarding the making of ordinance and resolutions is found in Exhibit 3. The City repealed its entire taxi ordinances (Exhibit 1-3) simultaneously with the Agreement -1- with MTDB and added contract language in the RECITALS as follows: 1. MTDB will administer and enforce its Paratransit Ordinance, policies and regulations, as in effect on January 1, 1989, and as thereafter from time to time amended by MTDB ... The above is non-sensical for anyone who understands the law and the concept of jurisdiction. MTDB is its own separate legal entity and as such can make its own laws without permission from anyone else. And they can change, or amend, those laws without permission either. It does not matter if their policy looked exactly like ours at the beginning. The moment the MTD Board of Directors voted upon adoption, it became theirs legally, not ours. What it says about my city, however, is that in clear contract language, we have told another legal entity that they may go into legislative session and make law for us in violation of the City Charter § 11 and 11.1. Doing so has caused all the violations of due process listed in this report as "MTDB is poorly equipped to regulate taxis in the City of San Diego." The ostensible reason given for putting the taxis at MTDB is found in the City of San Diego Manager's Report No. 93-289 as follows: After considerable study, the city requested that MTDB assume the responsibility for taxicab and otherfor-hire vehicle regulation primarily because it was felt that MTDB, as a specialized agency with transportation planning and operational expertise, was in a unique position to evaluate and coordinate a number of transportation alternatives. James Mills, chairman of the MTDB at that time, had a different perspective on this and his comments, taken from the transcription of a March 8,1990 MTD Board meeting on taxi rates of fare, is to be found in Exhibit 4. * * * The year 1993 was interesting and not only because of the first contract renewal at the end of the year. MTDB had been embarked upon an attempt to radically overhaul the industry. Because the industry had no legal support services and there was no legal oversight to what MTDB does, industry members hired outside counsel which resulted in the Memorandum shown in Exhibit S. It is only necessary to look at those portions I've highlighted as I will refer to them later in the narrative. -2- Early in 1993, I became aware that MTDB was working on the City of Chula Vista to obtain a taxi contract. My own lobbying effort to alert them to what I considered their deficiencies seemed fruitless. With two weeks to go and the taxi contract matter on MTDB's consent agenda, it came to me while sitting in the cab how Chula Vista was similar to the City of San Marcos which had just voted to become a charter city. A quick check at the law library and I had my answer and wrote a letter. The consent agenda item at MTDB quietly disappeared. That letter is Exhibit 6. Because my own attorney handled probably 90 percent of the taxi matters before the MTDB, since the beginning of taxi regulation, I had close scrutiny of their performance. I became increasingly disturbed at what I saw and began to collect penalty notices from friends and acquaintances when I could obtain permission. This resulted in my first TAXI REPORT presented to the Council on November 29, 1993. I could see no change behind the scenes as a result of this report. The scope and depth covered is partially shown in Exhibit 7. At the council meeting on contract renewal at the end of 1993, the Mayor was disturbed by industry members who spoke against MTDB. This resulted in a 6-month contract and the Mayor's Task force on Taxi Regulation. Which resulted in a formalized Taxicab Committee and an admonishment to MTDB to be ... well, more sensitive. Thanks to Rheint Rinders, the city was inadvertently trapped into writing a Memorandum of Law on MTDB's regulation of taxis vs. the City's charter provision. It is enough to know beforehand as you look at the two items I've highlighted in the next exhibit that 1) This Memorandum was written after the fact and a city, like an individual, is not compelled to incriminate itself, 2) There is no Paratransit Ordinance in the City of San Diego, 3) MTDB does a lot more than just enforce and administer (Exhibit 8). It is interesting to see the changes in the contract language after the City's Memorandum of Law on the subject. For those who wish to do that I've included the FIRST AGREEMENT (the SECOND was similar in all respects to the FIRST except the date, but being the 6 month interim it was abbreviated) to compare with the THIRD. Most of you needn't look at these. Just know that before the Memorandum of Law was written, in the head note to the Recitals, we are known as ... San Diego, a municipal corporation and chartered city ... but afterwards are only known as ... SAN DIEGO, a municipal corporation ... and those of you who have gotten this far will understand why we've lost that designation (Exhibits 9 and 10). Violation of Due Process to Operators There are approximately 1000 to 1200 lease drivers in the City of San Diego and an unknown -3- number of owner operators like myself. A look at before and after ordinance language will show you what we've lost in the way of due process. 11-1 is language from MTDB's Ordinance of December 21, 1988. 11-2 is from MTDB's current ordinance. 11-3 is from Sections 1.16 and 1.17 in the current ordinance dealing with the appeal process. Take out 11-1 and put it in front of you in a row. What do you see? You'll see that permit holders (Section 1.13) and drivers (Section 1.14) are treated alike in regard to complaints. And the reason is that given by my own attorney. The equal protection clause of the fourteenth amendment compels recognition that persons similarly situated with respect to an economic activity, must be equally subject to penalties, burdens, and privileges. There is also equal access to the full and entire appeal process found in exhibit 11-3. Now put 11-2 in a row below 11-1 before you. What do you see? The entire due process for drivers receiving a complaint, similar to permit holders before has been eliminated from their section entirely. Now look at the permit holder side at Section 1.13(b). Let's use me as an example. I'm driving my cab and a passenger is unhappy for some reason and later files a complaint. The agency thinks it sounds "credible" so notifies me I have-30 working days to investigate the complaint and respond in writing. I get to investigate myself and am under penalty of sanction if I don't respond. And they won't use whatever I'm forced to write against me, right? The drivers have it worse. Permit holder "leasing" a taxi to an "independent contractor" has now been made a regulator with sanctions over his head to do so. Who do you think is expendable in this situation, with immigrants offering $500.00 to $1,000.00 cash to cab owners just to get ahead of someone. on a list so they can get a car and make a living? It's all unconstitutional and forthe same reasons my attorney listed in Exhibit 5, p. 5 at 4 , regarding MTDB's desire to institute organizational enforcement. There's no quasi-judicial process and there's a conflict of interest between drivers and permit holders who lease to them making the process procedurally unfair. At a past taxicab committee meeting I brought up the above arguments against changing the ordinance. The General Counsel was in attendance and said it was fine. The former chairman of the Taxicab Committee said he saw nothing wrong with it. When I said to the taxicab administrator that I could count on one hand the number of people who ever looked at the Ordinance so how could a driver protect himself from a permit holder who found it easier to cut his lease than investigate, and further, how could he investigate when he might not be given the name of the complainant? Her answers were 1) Then they could sue the permit holder 2) Some complainants are afraid to give their name because they are afraid of the driver. -4- What MTDB has done here has made itself a de facto hearing officer sending unadjudicated complaints to permit holders who are not disinterested parties and who probably have no training in investigating complaints. The presumption will no doubt be that if it comes from MTDB it must be true. I, as a permit holder, still have access to a hearing officer who is a "member of the California State Bar, and (who) shall not be an MTDB employee (Ord. 11, Section 1.17 (2) — Exhibit 11-3) whose sole purpose is to determine whether an allegation is legally valid. In the rare event that a driver survives all the barriers to due process and receives an adverse ruling from the agency, can he then receive a hearing from an independent hearing officer and have access to Administrative Regulation 89-1 (Exhibit 12)? We see at Section 1.13(e) p. 20, Upon a finding by the General Manager that a permit falls within the provisions of this section, the permit holder or driver shall be notified that his or her permit has been subjected to an adverse action and that the matter is such that the action may be appealed. But I think the key words here are ... that the matter is such ... and I say this from experience. The phrase adverse action has been used 12 times in the text of the ordinance for permit holders and Section 1.16 reads — Right of Administrative Appeal from Denial, Suspension or Revocation of Permit or Drivers Identification Card or Related. Adverse Action. Now, just below the heading is the text at (a) and it doesn't use the word adverse action so it's a simple step to deny a hearing and save money on due process while finding someone guilty of a violation and using it for enhancement purposes for a subsequent violation. Don't believe me? Then read the entire Exhibit 13 where they did it to me. If they do this to a permit holder with competent counsel, how much more have they abused lease drivers simply trying to defend themselves? A warning to them is not a penalty so you can't appeal it. And to cut the opportunity for people to appeal fines - you cut out the fines. MTDB used to have what was called its Administrative Fine and Penalty Schedule. It was in force for years. Penalties were suspensions or revocations for very serious public safety matters and fines were set for all the rest with larger fines for second and third violations. About 95% of the schedule consisted of fines. It comported nicely with the legal concept of notice so the regulated knew exactly the penalty for each individual violation. Eliminate fines by eliminating the Administrative Fine and Penalty Schedule, institute what you see in Exhibit 14, maintain that a warning is not appealable, and you've cut hearing expenses by 95%. It was the intention of my city that a schedule of fines be instituted because they specifically wrote that into our Municipal Code (0-17115 (New Series) adopted July 11, 1988 in preparation for MTDB adopting it as its own (See Exhibit 15). For MTDB to get around this section of their ordinance, they first ignore it and then invoke Sections 1.13(a) and 1.14(a) for the General Manager's right to suspend or revoke. What they do is take language -5- applying to a specific section, with qualifications and exceptions, and apply it to the whole ordinance with a broad stroke. Give a warning which can't be appealed and move straight on to suspension and revocation. The rule of law is slowly being eliminated and regulation is becoming arbitrary and capricious. Add to all of the above ordinance language which is unconstitutional with administrative hearing officers who are prohibited by law from ruling on constitutional issues, ordinance language which has been written by staff with no legal training and has been mutilated beyond recognition and defense, and a counsel who allows "if I had my druthers I'd rewrite the ordinance in common language." Let me not forget the Permit Application Fee of $2,000, which I figured was about 5x cost, appealed twice and lost twice to M 1DB's outside counsel at Cozen and 0' Conner. That was just a prehearing which prevented the hearing itself. Knowing the right questions to ask and how to subpoena staff, it was imperative I not be allowed to reach the hearing itself. I represented myself without counsel and gave it my best shot. I learned later MTDB is exempt from Proposition 4. If I were regulated under a San Diego Municipal Code I would still have that privilege as most other residents of the state. It's all about money. Why we're here. Whey they're slowly eliminating due process. The Taxicab Committee serves only to keep the natives quiet and no one protects the driver. Former and current MTD Board members cover up the agency's regulating deficiencies to promote the regional concept for taxis even though, as an operator, I know it provides worse service. And there are individuals in Sacramento now who have only to change State law so taxis are permanently attached to MTDB and ties to my city will be severed. This was and maybe still is the plan. My city can allow it or prevent it. Chula Vista and Coronado don't have taxi contracts with MTDB and they are the cities with the most taxis after San Diego. All the other cities with taxi contracts with MTDB still have their taxi ordinances in their municipal codes and it would not be burdensome for them to regulate their own small number of taxis again. It was a political understanding which put us over to MTDB in the beginning and it can be a political understanding which brings us back. If anyone cares about the rule of law, that is. MTDB 's deficiencies are permanent and irreparable. But don't trust my word for it, let them speak for themselves. In the November 19,1992 Taxicab Liaison Committee Meeting Notes we find the following Barbara said that we want to simples the ordinance and encourage the individual companies and associations to handle complaints to avoid the expense of MTDB staff doing so. And finally, in Agenda Item No. 6, at the November 12, 1998 Taxicab Committee Meeting, we find from the Taxicab Administrator, -6- MTDB does not have the resources for taxicab driver supervision, discipline, and comprehensive training ... we ... are forced to spend time "chasing down" drivers and effecting disciplinary action, and regularly receive complaints in which owners have told their customers to call MTDB rather than handling the complaints themselves. MTDB, as early as 1992, was trying to give away its regulatory function. Let's accommodate them. In closing I might add that my own attorney left for corporate work two years ago just before all the above started and I qan truthfully say, with one exception, none of us has any affordable representation against the agency. We need your help before we lose all due process. Bring us home, please. -7- 1244 SEC. 73.0101 CHAPTER WI PUBLIC UTILITIES AND TRANSPORTATION ARTICLE 3 PARATRANSTr CODE (Added 1.29.79 by Ord. 12563 N.S ) DIVISION ONE - GE24ERAL REGULATIONS SEC. 73.D101 D (Added 1..Z1.79 by Ord 12563 NS.) DEFINITIONS , The following words itrra wherever in sedtapter.shaldxconstrued atdefined in this Section, unlessfrom context a different m meaning is speefiallV definedand more meaning IS rnra3eofs or unlrss a phrases. a . veh(desorv�aehf at Vehicle" shall mean vehicle. other thairected to n m such nansed:rn involved in an organized carpool not to them r ansir operated for any fart or ���n and usedgeneral passengers overt e boundary lrsirsl sneers of cafe ty of st �• p ve° whetthe herrsiucho nonset er overd the the jitney vehicles. non-emergencypa*?aaehicl vehicles shall include vehicles. s, vehicles fo hire, a b Vehicle" is a device by ewmhiiclh a vey hicles and serson car pstsoeipn�gtv�tmay uponStat (C) Stationary rails or ' pon a street, gadevice moved exdttsivelybyhutaanpo++ebe cratudexdustmr<+g: mein a non-e(1) merges pacy mr �� �e or a�h g amide e other than whr-h vehicle for hire. a jimey vehicle. San Diego; and passengers or parcels or both over the public streets of The City of (2) is made available for hire on all or demand through "cruising." at taxi stands or by telephone to destination(s) specified by passengertat: (d) "Vehicle for Hire • shall mean every vehicle which: (I) transports passengers or parcels or both over the public stuns of The Cry of Sari Diego; (2) is routed at the direction of the hiring passes (3) is prearranged for hire but is not made available through -cruising**, and (4) is hired by and at the service of a person for the benefit of hit:iseif or herself or a specified group. le) limey" shall mean every vehicle which: (g1transports en pass en Diego: flees Of parcels or both aver the public streets of The City of (2) follows a fixed route of travel between specified points with the fare based an a per capita charge established in its permits: and (3) is made available to boarding passengers at specified locations along its route on a variable schedule. (f) ..Sightseeing Vehicle" shall mean every vehicle which: the public c starts The City for of Sightseeing purposes of showing points of interest over Peasatanal (2) cis harges a rs touted or omu�in d erehir, regardless of whether may fee or com- oorby ev•itheepers driver toperson employes the driveraconntaeuwith the daehicle. either �yerrar he passenger driver receives any fee or ransport r f ny bra or se services er: ices drive ireof whether ornot such (g) "Non -Emergency Mceifor bra l man se eery ve as driver. (!) transports �e" shall mean every vehicle which: supervision and/or physically and/or mentally disabled persons who require public streets The Cry of San Diorsportation egsuPsnent.ands»ch peson'sattmdanu, over the (i) „ -Surer" shall mean any place commonly used for the Purpose of public travel. co*Frorationwhoistshall mean person. partnershi p. thc+oraationwownerafanyparanatssievebideaandwsoholdsche firm a �) „gym his/her or its owner advantawho holds rherighr to use A- (i) "CompaUaau on" shall mean any money.shirtgofvalue. payment.mnsideration.reward. in cc/tinge ,gtansityorpr pof ad10tiernpted:orseceivedbythe drive arownofany vehicle ar mncaa, or vale .:billy, intended as grans* or ddonatin upoa solicitation, demand (10 r arYuya. ,smil a. isu au eny rastrummt. atipliance, deuce, a re-.-l.ine by which thecmnittmed. or a.00m a �:gvehicleis caLtul c t;'„h _ fro 4;star.: t t,.aveled or time lb Ctuir z. •' m uO11, . m both. and she ides such charm- i. cliwed by figures salsct '-'Cnt of. R;7 the:rn public sawn of a v.r::Gtb in rol taxicab proceeding rave passengers; except:the term does not include search of, or p oceeding to answer a call:for rrra d: the travel of a passenger or she travel of such a semnngle schar by telephone passenger radio en ge an intended 1® the owner's torto• e, establs:dfsd awl of Pact ofbusinets or to •ins escabluhed point of departure_ aus'g�' returning .. CITY OF SAN DIEGO, CALIFORNIA COUNCIL POLICY SUBJECT TAXICABS - PERMITS POUCY NUMBEJi 500-02 EFFECTIVE DATE 06/28/88 BACKGROUND Regulation of taxicab service is in the interest of providing the citizens and visitors to the City of San Diego with a good quality local transportation service. Towards this end, the City finds it desirable to regulate the issuance of taxicab permits. PURPOSE To establish a policy with guidelines for the issuance of taxicab permits. POLICY The City Council will periodically establish the maximum number of taxicab permits to be issued by the City. Several factors will be reviewed in establishing this number, including existing level and quality of service, demand for service and the availability of other modes of transportation. New permits will be issued on a full cost recovery basis to eligible applicants selected through a lottery process. No ongoing waiting list of applicants for permits will be maintained. The process through which permits are issued will limit the concentration of permits. No permits will be issued or transferred to any person, company, business, corporation, or other entity if such issuance or transfer would result in any permit holder having. an interest in more than 40% of the existing permits. No permits will be issued or transferred to any person if such issuance or transfer would result in single permit holders in aggregate having interest in more than 20% of the existing permits. IMPLEMENTATION The following guidelines and procedures should be observed with respect to the issuance of taxicab permits. PAGE 1 of 2 Cc-118 111•85) SAN DIEGO MUNICIPAL CODE §75.0205 ARTICLE 5 Paratransit Code (Added 1-29-79 by 0-12563 NS.) (Repealed 1-9-89 by 0-17204 N.S.) DIVISION 1 General Regulations (Added 1-29-79 by 0-12563 N.S.) (Repealed 1-9-89 by 0-17204 N.S.) § 75.0101 Definitions (Repealed 1-9-89 by 0-17204 N.S.) § 75.0102 Operating Permits (Repealed 1-9-89 by 0-17204 N.S.) § 75.0103 Application For Permit (Repealed 1-9-89 by 0-17204 N.S.) § 75.0104 Issuance of Permit (Repealed 1-9-89 by 0-17204 N.S.) § 75.0105 Transfer and Administration Permits (Repealed 1-9-89 by 0-17204 N.S.) § 75.0106 Reissue of Permit (Repealed 1-9-89 by 0-17204 N.S.) § 75.0107 Limited Permits (Repealed 1-9-89 by 0-17204 N.S.) § 75.0108 Equipment and Operating Regu- lations (Repealed 1-9-89 by 0-17204 N.S.) § 75.0109 Public Liability (Repealed 1-9-89 by 0-17204 N.S.) § 75.0110 Financial, Ownership and Oper- ating Records; Reporting Requirements (Repealed 1-9-89 by 0-17204 N.S.) § 75.0111 Destruction, Permanent Replacement or Retirement of Paratransit Vehicles (Repealed 1-9-89 by 0-17204 N.S.) § 75.0112 Driver's Identification Cards (Repealed 1-9-89 by 0-17204 N.S.) § 75.0113 Suspension and Revocation of Permit (Repealed 1-9-89 by 0-17204 N.S.) § 75.0114 Suspension and Revocation of Driver's Identification Cards (Repealed 1-9-89 y 0-17204 NS.) r-3 § 75.0115 Surrender of Medallion (Repealed 1-9-89 y 0-17204 N.S.) § 76.0116 Right of Appeal from Denial, Suspension, or Revocation of Permit or Driv- er's Identification Card or Related Adverse Action (Repealed 1-9-89 by 0-17204 N.S.) § 75.0117 Procedure Upon Appeal (Repealed 1-9-89 by 0-17204 N.S.) § 75.0118. Enforcement; Power to Arrest; Designation of Paratransit Inspectors (Repealed 1-9-89 by 0-17204 N.S.) § 75.0119 Exceptions to Provisions (Repealed 1-9-89 by 0-17204 N.S.) of § 75.0120 City Manager's Authority to Adopt Rules and Promulgate a Schedule of Fines (Repealed 1-9-89 by 0-17204 N.S.) DIVISION 2 Taxicabs (Added 1-29-79 by 0-12563 N.S.) (Repealed 1-9-89 by 0-17204 N.S.) § 75.0201 Types of Service' - (Repealed 1-9-89 by 0-17204 N.S.) § 75.0202 Rates of Fare (Repealed 1-9-89 by 0-17204 N.) § 75.0203 Equipment and Specifications (Repealed 1-9-89 by 0-17204 NS.) § 75.0204 Operating Regulations (Repealed 1-9-89 by 0-17204 N.S.) § 75.0205 Stands (Repealed 1-9-89 by 0-17204 NS.) DIVISION 3 MC 7-17 SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD CODIFIED ORDINANCE NO. 11 (as adopted August 8, 1988, and as amended through June 24, 19991 An Ordinance Providing for the Licensing and the Regulating of Transportation Services Within the City By the Adoption of a Uniform Paratransit Ordinance SECTION 1 .0 - GENERAL REGULATIONS Section 1.1 - Definitions The following words and phrases, wherever used in this section,shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. (a) "Association" shall mean an incorporated or unincorporated society or group of persons united for some purpose related to the operation of paratransit vehicles. This term includes a cooperative association. (b) "Board" shall mean the Board of Directors of the San Diego Metropolitan Transit evelopment Board. (c) "Charter vehicle" shall mean every vehicle which: (1) Transports passengers or parcels or both over the public streets of the City; (2) Is routed at the direction of the hiring passenger; (3) Is prearranged in writing for hire; (4) Is not made available through "cruising"; and (5) Is hired by and at the service of a person for the benefit of himself or herself or a specified group. (d) "City" and "Cities" shall mean the incorporated areas of the Cities of El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, and Santee; and the unincorporated area of the county of San Diego within MTDB's area of jurisdiction. (e) "Compensation" shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted, or received by the driver or owner of y vehicle in exchange for transportation of a person, or persons; whether paid upon olicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. (f) The Board shall, by resolution, establish a maximum time limit for individual jitneys to remain standing in any holding zone. The time limit shall apply uniformly to all holding zones. (g) It shall be unlawful for a vehicle other than a jitney with a proper MTDB jitney permit to occupy a jitney holding zone. Section 6.5 - Equipment and Specifications (a) Each jitney shall bear on the outside, signs clearly designating the route which it serves. The specifications of the sign are subject to the approval of the General Manager. 'The General Manager shall adopt written standards for approval or denial of the size of the signs, the location of the signs on the vehicle, the size of the lettering or graphics on the signs, and other specifications that the General Manager finds necessary. (b) All jitney vehicles must bear a trade name and shall be assigned a body number by the permit holder. The trade name and body number so assigned shall be placed on the vehicle in accordance with written standards adopted by the General Manager. Any violation of this Ordinance shall constitute an infraction unless otherwise specified. SECTION 8 - EFFECTIVE DATE OF ORDINANCE This Ordinance shall be effective 30 days after the second reading, and before the expiration of 15 days after its passage, this Ordinance shall be published once with the names of e members voting for and against the same in a newspaper of general circulation published in he County of San Diego. DDarro CD-ORD11.JREAS 10/18/99 Amended: 6/24/99 Amended: 9/24/98 Amended: 10/30/97 Amended: 4/10/97 Amended: 2/13/97 Amended: 1 1 /9/95 Amended: 6/22/95 Amended: 1 / 12/95 Amended: 6/24/93 Amended: 6/27/91 Amended: 5/23/91 Amended: 10/11/90 Repealed & eadopted: 8/9/90 mended: 4/12/90 Amended: 4/27/89 Adopted: 8/1 1 /88 -37- MTDB Metropolitan Transit Development Board Subject: PURPOSE: Policies and Procedures No. 35 Board Approval: 5/11 /95 PARATRANSIT SERVICES To establish a policy with guidelines and procedures for the implementation of MTDB Ordinance No. 11. BACKGROUND: POLICY: Regulation of paratransit service is in the interest of providing the citizens and visitors to the MTDB region, and particularly the City of El Cajon, the City of Imperial Beach, the City of Lemon Grove, the City of National City, the City of Poway, the City of San Diego, and the City of Santee, with a good quality local transportation service. Toward this end, MTDB finds it desirable to regulate the issuance of taxicab permits, to establish maximum rates of fare, and to provide for annual review of cost recovery regulatory fees. 35.1 Entry Policy 35.1.1 The MTDB will periodically establish the maximum number of taxicab permits to be issued for the City of San Diego. Several factors will be reviewed in establishing this number, including existing level and quality of service, demand for service, and the availability of other modes of transportation. 35.1.2 New permits will be issued on a full cost recovery basis to eligible applicants selected through a lottery process. No ongoing waiting list of applicants for permits will be maintained. 35.2 Entry Policy Implementation The following guidelines and procedures should be observed with respect to the issuance of taxicab permits. 35.2.1 The General Manager will submit a report to the Board containing recommendations for issuance of new permits whenever there is a significant change in the following industry indicators: Member Agencies: City of Chula Vista. City of Coronado, City of El Cajon. City of Imperial Beach. City of La Mesa, City of Lemon Grove, City of National City, City of Poway, City of San Diego, City of Santee. County of San Diego. State of California Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and is Regulatory Authority for ®1 Paratransit Administration Subsidiary Corporations: San Diego Transit Corporation, San Diego Trolley. Inc. and "'San Diego & Arizona EEaastern Railway Company (�l a. Quality of existing taxicab service, as defined by average response time b. Levels of tourism c. Travel of elderly and disabled persons d. Airport activity e. Military activity f. Existing levels of taxicab service g. The availability of other transportation modes h. Demographics i. Other criteria deemed relevant by the General Manager, including comment from the public and the industry 35.2.2 The maximum number of taxicab permits authorized for issuance in the City of San Diego is 928. 35.3 Entry Policy Exclusions This policy is not intended to govern the issuance of limited permits as authorized by Section 1.7 of MTDB Ordinance No. 11. 35.4 Maximum Fare Policy Pursuant to MTDB Ordinance No. 11, Section 2.2(a), and after a duly noticed and open public hearing, the MTDB determined that the maximum rate of fare for exclusive ride and group ride hire of taxicabs shall be that fare which does not exceed twenty percent (20%) more than the weighted average of fares as established in accordance with this policy. 35.4.1 Maximum Fare Determination The weighted average of fares shall be computed by the General Manager and duly promulgated in writing upon the passage of this policy and thereafter each year by averaging each segment of the fare structure of all MTDB taxicab permit holders. The fare structure shall consist of the dollar amounts charged by said permit holders for the flag drop, the per mile charge, waiting time charge, first zone, and each additional zone charge. The weighted average of these charges shall be arrived at by adding each segment of each respective charge and dividing it by the total number of taxicabs holding effective permits. -2- 35.4.2 The General Manager will use his discretion when the maximum rates of fare and the uniform rates of fare for trips from Lindbergh Field airport are incompatible. The General Manager may adjust the maximum rates of fare so that the uniform rates of fare, based on the change in the Annual All Urban Western Transportation Consumer Price Index, do not exceed the maximum rates allowed in accordance with Section 35.4.1. 35.5 Airport Taxicab Fare Policy Rates of fare for trips from Lindbergh Field Airport shall be uniform. In the event an owner chooses a different rate for non -airport trips for taxicabs authorized to service the airport, two meters or a multi -rate meter shall be installed and identified. The meter(s) shall be activated according to the proper rate for the trip's origin, and it shall be clearly visible to the passenger which rate is being charged. 35.5.1 The uniform rates of fare for taxicab trips from Lindbergh Field Airport are initially established at $1.40 flag drop, $1.50 per mile, and $12.00 per hour, effective June 1, 1990. The airport rates shall be reviewed every two years, beginning in January 1997, by the General Manager. Airport rates shall be adjusted, based on the 1990 amounts, in accordance with the change in the Annual All Urban Western Transportation Consumer Price Index. Adjustments shall be rounded up or down, as appropriate, to the nearest even $0.10 increment. 35.5.2 The airport taxi rates of fare calculation will be based on the change in the last two years' December index, less the December 1989 index. 35.6 Regulatory Fee Review The following procedures will be utilized for the establishment of paratransit regulatory fees. 35.6.1 In accordance with State of California Public Utilities Code Section 120266, the MTDB shall fully recover the cost of regulating the paratransit industry. Pursuant to MTDB Ordinance No. 11, Sections 1.3(b), 1.4(b) and (d), and 1.5(d), the General Manager establishes a fee schedule to effect full cost recovery, and notify affected permit holders of changes in the fee schedule. 35.6.2 The procedure for establishing a regulatory fee schedule will include an annual review of the audited expenses and revenue of the previous fiscal year associated with MTDB paratransit activities. The revised fee schedule will be available for review by interested parties in November each year and is subject to appeal as provided for in Ordinance No. 11, Section 1.5(d). -3- 35.6.3 A fee schedule based on previous year expenses and revenue amounts will be put into effect each January. BLL: ky/dag POLICY.35 5/12/95 This policy was originally adopted on 12/8/88. This policy was amended on 7/26/90. This policy was amended on 5/9/91. This policy was amended on 6/13/91. This policy was amended on 1/28/93. This policy was amended on 5/11/95. -4- SAN DIEGO CITY CHARTER '"--1 §12 (Amendment voted 06-03-1986; effective 09-08-1986.) ARTICLE III LEGISLATIVE POWER SECTION 11. LEGISLATIVE POWER. All legislative powers of the City shall be vested, sub- ject to the terms of this Charter and of the Constitu- tion of the State of California, in the Council, except such legislative powers as are reserved to the people by the Charter and the Constitution of the State. SECTION 11.1 LEGISLATIVE POWER - NONDELEGABLE. The same prohibition against delegation of the legis- lative power which is imposed on the State Legisla- ture by Article XI, Section lla of the Constitution of the State of California shall apply to the City Council of The City of San Diego, so that its members shall not delegate legislative power or responsibility which they were elected to exercise in the adoption of any ordinance or resolution which raises or spends public monies, including but not limited to the City's annual budget ordinance or any part thereof . and the annual ordinance setting compensation for City employees, or any ordinance or resolution setting public policy. The City Council shall annually adopt an ordinance establishing salaries for all City employees. The City Council shall adopt this ordinance not later than May 30 of each year after considering all relevant evidence including but not limited to the needs of the citizens of the City of San Diego for municipal services, the ability of the citizens to pay for those services, local economic conditions and other relevant factors as the Council deems appropriate. The City Council shall give priority in the funding of municipal services to the need of the citizens for police protection in consid- ering adoption of this salary ordinance and the annual budget ordinance. The prohibition imposed by this section against unlawful delegation of the legislative responsibility to set compensation for city employees shall extend to any scheme or formula which seeks to fix the compen- sation of City of San Diego employees at the level of compensation paid to employees of any other public agency whose governing board is not elected by and not accountable to the people of the City of San Diego. This prohibition shall also extend to any scheme or formula which seeks to fix, establish, or adjust the compensation of City of San Diego employees at the level of the largest cities in California or the State of California. (Addition voted 06-03-1980; effective 07-16-1980.) (Amendment voted 11 01 1980; of jective 12-31-1980.) (99-705) SECTION 11.2 LEGISLATIVE POWER - MEMORANDUM OF UNDERSTANDING. Notwithstanding any provisions of this Charter to the contrary, nothing in the Charter shall be construed to preclude the Council from entering into a multiple year memorandum of understanding with any recog- nized City employee organization concerning wages, hours and other terms and conditions of employment it in the prudent exercise of legislative discretion as provided in this Charter, the Council determines it is in the best interests of the City to do so; and further provided that said exercise of legislative discretion is expressed affirmatively by a two-thirds vote of the entire Council. (Addition voted 06-03-1986; effective 09-08-1986.) SECTION 12. '1'1:1n COUNCIL. (a) The Council shall be composed of nine (9) Coun- cilmembers, including the Mayor, and shall be the legislative body of the City, each of the members of which including the Mayor, shall have the right to vote upon all questions before it. (b) At the municipal primary and general election in 1979, a Mayor shall be chosen by the electors for a term of five (5) years. A Mayor shall thereafter be elected for a term of four (4) years in the manner pre- scribed by Section 10 of this Charter. The Mayor shall hold office for the term prescribed from and after 10 a.m. the first Monday after the first day of December next succeeding the election and until a successor is elected and gnslified. (c) At the municipal primary and general elections in 1993, the Council members for Districts 1, 3, 5, and 7 shall be chosen by the electors for a term of three (3) years. Council members for Districts 1, 3, 5, and 7 shall thereafter by elected for a term of four (4) years in the manner prescribed by Section 10 of this Char- ter. (d) At the municipal primary and general election in 1995, Council members for Districts 2, 4, 6, and 8 shall be chosen by the electors for a term of three (3) years. Council members for Districts 2, 4, 6, and 8 shall thereafter by elected for a term of four (4) years in the manner prescribed by Section 10 of this Char- ter. (e) Except as provided in this Section, Council mem- bers, shall hold office for the term of four (4) years from and after 10 a.m. the first Monday after the first day of December next succeeding their election and until their successors are elected and qualified. CH 7 City of San Diego, I think offered this to MTDB is authority. Why MTDB took it was in order to be in a position to regulate public transit in the broadest possible sense over this particular area. The Chairman possibly has a different version of that, but I don't think that the counsel was doing it because this body would be forced to make those decision, but rather this body might be in a better position to make those decision with respect to other things that were to be decided. Somehow the consideration of this issue seems to be going in the opposite direction from that spirit as I understood it. CHAIRMAN: Well there are a lot of issues involved in being put over to MTDB and offered is perhaps one way of putting it, pushed is a better way of putting it. I don't think that MTDB desired this honor at the time, at least I don't recall that I did. There was a problem that the city had which was a substantial money losing operation, the fees were not covering anything like the cost of regulation, and they did not want to raise the fees because it would have been politically hot for them, so it was passed to MTDB which was given the authority to do it only if it covered the costs from fees and that took the heat off of everybody because it was the State Legislature that made that requirement. I am going to express myself on this issue somewhat. I must tell you that I would be delighted to have this passed back to the City, it would be a real pleasure to me. I don't think any of these meetings have been the kind of thing that any of us have enjoyed. However, I think, I don't personally think that it is the right response to this issue to either consider JOHN B. BARRIAGE ATTORNEY AT LAW 655 FOURTH AVENUE - SUITE 5, SAN DIEGO, CALIFORNIA 92101 MEMORANDUM (619) 238-7314 LEGAL MEMORANDUM RE: Recommendation of the "Peer Review Panel" to MTDB to be presented to the MTDB Executive Committee 9/2/93. INTRODUCTION This Memorandum is based on a brief review and analysis of selected items from the Agenda for Executive Committee Discussion. The items selected were selected by the for analysis based on relative importance. I suggest that public hearings be requested and that further. review be made as these suggestions by the "Peer Review Panel" are broadsweeping without much detail. AREAS OF ANALYSIS This memorandum, due to time restraints, reviews only three areas: First, licensing organizations instead of individuals, citation authority to the Taxi Vehicle Inspector and simplification of Ordinance 11. Aa PROPOSED ORGANIZATIONAL LICENSING The Review Panel's recommendation that MTDB license organizations rather than vehicle owners presents considerable legal problems both to the taxi operators and to MTDB. There are four problem areas as of yet foreseen if such a proposal was accepted. They are as follows. 1. EFFECTIVELY END CABS BEING OPERATED BY INDEPENDENT CONTRACTORS LEASE DRIVERS It should be noted initially that an economic benefit is derived by taxi customers who do not have to have reflected in their fares such operational expenses as unemployment insurance and workers compensation. This is because most drivers in San Diego are independent contractors operating on leases. 1 These operational costs have not been required of taxi owners, either individual owners or fleet owners, because they have fit within the law of independent contractors under both State and Federal taxation law. However, a 1991 court case Santa Cruz Transportation. Inc. v. Unemployment Insurance Appeal Board (1991) 235 Cal.App.3d 1363 has made the ability of cab companies to operate under independent contractor leases more problematic. It used to be that the Employment Development Department (EDD) generally treated drivers who paid a daily -fixed fee to. lease a taxi -cab as independent contractors. However, this administrative determination was overturned in Santa Cruz, where the court applied the "indica of control" analysis. In that case a fixed payment lease was insufficient for a determination that there was an independent contractor status. One factor highly influencing the court was a contract provision, allowing for termination, requiring drivers to maintain good public relations. The court went on to discuss other indicia of control which EDD adequately summarized in its April 27, 1993 letter to taxi and related industries; those factors as listed by EDD's letter are as follows: KEY FACTORS INDICATING CONTROL IN SANTA CRUZ TRANSPORTATION INC 1. The terms of the lease allowed the company to terminate the drivers. 1a 2. The drivers could be terminated under the lease agreement if they did not maintain good relations with the public. 3. The lease designated the time period when the shift began and ended. 4. The drivers were required to schedule their meal breaks with the dispatcher. 5. The drivers were prohibited from using the taxicab for personal use. 6. The drivers were required to accept charge slips from certain customers. 7. The drivers were required to conform to a dress code. 8. The drivers were required by the company to account for the fares they received by a daily trip sheet and there was no evidence that the city required the drivers to maintain trip sheets. 9. The drivers depended on the company's dispatcher for their livelihood. 10. The work did not require the expertise of a skilled professional. 11. The drivers did not advertise their services. 12. The taxicab company operates a fleet of cabs for public carriage. 13. The lessee's work is part of the regular business of the taxicab company. 2 14. The taxicab company owned the taxicab. 15. The taxicab company owned the municipal taxicab license. 16. The customers called the taxicab company for taxicab services. 17. The taxicab company arranged for the performance of the services. 18. The taxicab company's name was on the taxicab. Although various exceptions and unique contexts exist for the approximate existing 250 taxi owners in the city, arguably existing under current conditions are the following factors; as explicated by EDD: NOS. 3, 6, 9, 10, 11, 12, 13, 16, 17, 18. Right now important factors which strongly suggest control, perhaps even controlling under Santa Cruz Transportation Inc. do not exist. These factors are 2, 5, 7, 14, 15. If organizations are to become licensed instead of vehicle owners, they will be used as a regulatory tool. As noted in the Recommendation to the Agenda For Executive Committee Discussion, September 2, 1993, page 3, paragraph 3, "In addition, the concept of organizational permits include the requirement that the umbrella organizations, i.e., associations of owners enforce driver regulations. Driver regulation enforcement can only mean under Ordinance 11 such items as "inappropriate conduct" on valid complaints and the MTDB dress code requirements found at Ordinance 11, Section 1.8 (x), (1), (2), (3). This idea of organizations enforcing driver regulations clearly triggers factors 2 and 7 (control over driver relations with the public and dress code). Three factors looked critical to the court in Santa Cruz Transportation Inc., (e.g. the control over the driver relations, dress code, and the maintenance of driver logs). If the organizational enforcement occurs there will be complete indicia of control and lease operators for state tax purposes will be treated as employees requiring unemployment insurance and workers comp for all taxi drivers. This will have a substantial impact on taxi owners and existing associations as well as upon the consumers using taxis. 1. MTDB COULD BE IN VIOLATION OF AND BE LIABLE FOR ANTI-TRUST VIOLATIONS UNDER FEDERAL LAW The proposal to limit taxi permits to organizations instead of individual vehicle owners is an obvious restraint of access into the taxi industry and constitutes a restraint of trade. The obvious implication is that such a restraint is violative of the Sherman Antitrust Act of 1890 (15 U.S.C. §1.). The Sherman Act strictly prohibits the combining or conspiring to monopolize any part of trade or commerce. MTDB, if it limited 3 licensing to organizations, will be establishing a taxi oligarchy, in which market access will be severely limited. MTDB will parcel taxi licenses to organizations and organizations will control who drives those vehicles, thus tightly controlling the market. This clearly is a restraint of trade. The principle question, however, is, whether such a restraint is actionable under the Sherman Act. Under the "State Action" doctrine developed by the U.S. Supreme Court in the case of Parker v. Brown (1943) 317 U.S. 341, actions by the states which restrain trade are immune from Sherman liability. However, the "State Action" immunity does not extend to municipalities or other local subdivisions in their acts of restraining trade unless the State, through State legislation, grants sufficient authority which articulates clearly, expressively and affirmatively a State policy permitting anti- competitive conduct Community Communications Co. v. Boulder (1982) 455 U.S. 40, McCallum v. City of Athens (11th Cir. 1992) 976 F.2d 649, 643. Some cases have found immunity such as Camarillo v. Spadys Disposal Service (1983) 144 Cal.App.3d 1627, Hoover v. Ronwin (1984) 466 U.S. 558, Haille v. Eav Claire (1985) 471 U.S. 34, Southern Motor Carriers Rate Conference v. United States (1985) 471 U.S. 48. In some cases the immunity was denied, Canton v. Detroit Edison Co. (1976) 428 U.S. 579, Lafayette v. Louisiana Power and Light Co. (1978) 435 U.S. 389 and in Community Communications Co. v. Boulder (1982) 455 U.S. 40 (City Ordinance regulating cable television not entitled to State action immunity). In this case the State enabling authority for MTDB's power to regulate paratransit. is found at Public Utilities Code Section 120266. This Section merely states that MTDB by Ordinance may "license or regulate by Ordinance any transportation services." This authorization to license and regulate is far from sufficient authority, which articulates clearly, expressively and affirmatively a State policy permitting anti -competitive conduct. It would seem clearly that MTDB could be subjecting itself if Sherman Act liability and certainly Sherman Act litigation. 3. ORGANIZATIONAL PREFERENCE MAY VIOLATE THE EQUAL PROTECTION CLAUSE The equal protection clause of the fourteenth amendment compels recognition that persons similarly situated with respect to an economic activity must be equally subject to penalties, burdens, and privileges. The proposal to license organizations instead of individuals is the making of a distinction, a distinction treating "persons" differently, in this case making a determination that one type of "person", an organization is more qualified than an individual to own taxi permits. Clearly, distinctions will have to be 4 made discriminating against certain types of persons. The legal question is whether the courts will reach and determine the question whether the classification drawn in the statute are "reasonable in light of its purpose." McLaughlin v. Florida (1964) 378 U.S. 184, 1991. Depending on the type of activity regulated the analysis of a law under equal protection challenge varies. Usually in cases not touching upon suspect classification (e.g. race, religion, political persuasion) the scrutiny used by a court is "reasonableness." If it touches upon a fundamental interest, it is "strict scrutiny." Marston v. Lewis (1973) 410 U.S. 679. California courts have been applying a strict standard of review to classifications affecting the right to pursue a lawful occupation. Sailer Inn v. Kirby (1971) 5 C3d 1, 17 (ABC regulation prohibiting women bartenders - analysis focused on protected interests such as gender and right to an occupation.). If the right to own and operate a taxi is framed by the court as a right to a lawful occupation the analysis of the classification will be strict scrutiny. The strict scrutiny standard has clearly excluded "administrative convenience" as grounds for classifications. Bobb v. Municipal Court (1983) 143 Cal.App.3d 860. MTDB clearly gives administrative convenience as the Peer Review Panel's principal reason for their proposal (e.g. substantial amount of staff time to communicate with owners, page 3, paragraph 3). This classification imposes a substantial barrier on the right of a person to enter the taxi business. It should therefore be subject to equal protection challenge. 4. ORGANIZATION ENFORCEMENT OF DRIVER REGULATIONS VIOLATES DUE PROCESS REQUIREMENTS The rationale behind a regulatory concept of organizational control, the industry regulating itself, has some antecedents dating from the regulatory forms developed during the depression era. However, those regulatory schemes, some of which still exist most obviously in agriculture, have pertained to quasi -governmental regulation of production. This proposal, however, aims at controlling and policing driver conduct. This is unprecedented and with good reason. There is an inherent conflict of interest between drivers and associations. To place a party whose interests conflict with another in the enforcement business is a violation of due process. Constitutional law requires that enforcement action against a licensee be undertaken through a quasi-judicial action Suckow v. Alderson (1920) 182 Cal. 247, 249. Due process requires that the process be procedurally fair, Pinkster v. Pacific Coast Society of Orthodontists (1974) 12 Ca1.3d 541. A party with a conflict of interest can hardly be considered a fair party. While 5 there are no specifics as to how the organizations will enforce driver regulations, it takes very little foresight to see the power the associations will lord over drivers, and the potential for abuse. The fact that MTDB is considering this solution demonstrates one poignant fact. MTDB is poorly equipped to regulate taxis in the City of San Diego. MTDB has a skeleton crew of code enforcement. MTDB is unable to cheaply handle in- house its quasi-judicial process as it has insufficient legal counsel requiring it to hire expensive outside counsel. Contrasted to before MTDB's taxi role, when taxis were subject to regulation by the police department, there was considerably more ability to enforce the code and the taxi regulators had use of and benefit of economies of scale of the City Attorney's office. Thus MTDB's inadequacies have been the reason it has sought a new enforcement tool, organizations. The problem, however, is that these organizations have a direct economic interest that does tend to conflict with lease drivers and employees. To put these organizations in the position of enforcement agents is untenable for the concept of a disinterested regulator. CONCLUDING NOTE ON ORGANIZATION Aside from the brief legal criticism of the general idea of organizational licensing and control should be opposed on policy grounds. This idea is premised on the assumption that "larger is better." This notion may have some economic relevance in an industrial context but not necessarily in a service context. Do we lose something vital when we turn over privileges and licenses to organizations, public or private, operated by bureaucrats? This is an important policy question that should be asked and answered. B. TAXI VEHICLE INSPECTOR CITATION The proposal authorizing the issuance of citations by the Taxicab Vehicle Inspector may well be counterproductive. The relations of the current vehicle inspector and the licensees seems to be good and working well. The question arises will this change if the inspector can issue citations. Furthermore, will the potential of citations discourage an open and honest inspection process? Will the licensees cover up problems to avoid criminal prosecution? Public safety purposes should be to encourage a free exchange between the inspector and licensees, so that problems will be discovered, not concealed. 6 C. SIMPLIFICATION OF ORDINANCE NO. 11 The suggestion that Ordinance 11 be simplified is difficult to respond to without more detail of how it is to be done. The use of techno-babble like "user friendly" is not helpful, either. The fact that Ordinance 11 is viewed in part as confusing by the Peer Review Panel reflects the reality that Ordinance 11 has to a large extent been created by staff since MTDB took over regulation January 1, 1989 without sufficient training in legal draftsmanship. Drafting legislation is an art, one which the City Attorney is proficient at. Unfortunately, MTDB does not have sufficient in-house counsel, like a municipality, to draft regulations. If an overhaul of Ordinance 11 is to be made adequate legal drafting should be required. L5/B40 DARLENE D. DAVIS Sunset Taxi 2912 Ingelow St., #4 San Diego, CA 92106 September 26, 1993 Sidney F. Summers Sr. Management Assistant Office of the City Council 276 4th Avenue Chula Vista, CA 91910 Dear Mr. Summers: At your convenience could you relay the following comments to the appropriate staff if you feel it pertinent to the issue of my previous correspondence to your city. I had occasion to read your city charter recently and was struck by the following. It reads,'under ARTICLE II. POWERS: Sec. 201 Powers Vested in Council All powers of the City ... shall be vested in the City Council. and we we see, under ARTICLE XIII. MISCELLANEOUS. Sec. 1300. Definitions: Unless the provision or the context otherwise requires, as used in this charter: (a) "Shall" is mandatory... Therefore, unless your council intends to amend its own Charter to accommodate MTDB, any attempt by your Council to give up their legislative powers might very well subject your city to a lawsuit for violation of its own Charter. If you proceed with this issue in the near future, would you be kind enough to send me the recitals of your agreement with MTDB before this goes to council for a vote, so I may have my Counsel review it. I ask this as a Chula Vista taxi permit holder. I thank you for your acknowledgement of my correspondence with your city, and any assistance you may give me in the future. Sincerely, Darlene D. Davis ARTICLE II. POWERS. Sec. 200. Powers of City. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise, or act pursuant to, any and all rights, powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. Sec. 201. Powers Vested in Council. All powers of the City, etcept as otherwise provided in this Charter, shall be vested in the City Council. ARTICLE XIII. MISCELLANEOUS. Sec. 1300, Definitions, used in this Charter: Unless the provision or the context otherwise requires, as (a) "Shall" is mandatory, "may" may" is permissive. (b) "City" is the "board", "commission City of Chula Vista," a department, board "' "agency", "officer"and" department" as the case , commission "employee', is may be, of the City of Chula Visncy, taCer or employee, (c) "County" is the County of San Diego, (d) "State" is the State of California. Sec. 1301. EveryViolations, ordinance. Theunishable ordln be violation by fine or penalty shall deemed an infraction f any provision of this be by conviction by a fine and Charter shamorelthanall be punishable upon pperiod, 100 for a second toffense within within a one-year a third offense within a a one-yearone-year period period, c. 1302. Valid_ If any provision thereof to anyof this Charter, remainder f person or circumstances provisionsemnto the Charter, and o asrheldeapplication other the invalid,°the foced hereby, persons or circumstances, such . shall not be TAXI REPORT by Darlene D. Davis FOREWORD The purpose of this report is to highlight errors made by the MTDB in regulating taxis and paratransit vehicles for the City of San Diego. MTDB is ill-equipped to handle the tasks common to a municipality. Their code enforcement is limited, lack sworn office status and so cannot handle misdemeanors. As such, there is no deterrent to serious code violation. MTDB's quasi-judicial function cannot be handled cheaply in-house. Expensive outside counsel has to be retained. This has led to attempts of political pressure from certain members of the industry upon MTDB to charge cabdrivers for costs, if an appeal is lost. If eventually successful, this would 'end due process except for the most financially well situated. This is not a condition in which most cabdrivers exist. San Diego made the mistake of abandoning us to MTDB, and it can only be remedied by bringing us back. TABLE OF CONTENT Why are we at MTDB 1 Who put us here? 2 Violation of City Charter 3 Regulation 4 Code Compliance Inspector 5 Jurisdictional Errors 6 MTDB v. Constitution 7 Denial Due Process I 8 Denial Due Process II 9 Inappropriate Behavior 10 Enhancement Provision 11 Ordinance Changes/Errors 12 Hearing Costs 13 Conclusion 14 Recommendation 15 REGULATION PARATRANSIT ADMINISTRATION The Paratransit Administration handles activities associated with administration, issuance or transfer of paratransit permits, identification cards and associated requests and records. Any competent clerk could handle the above tasks. It is in the regulation of Administrative Hearings where problems have arisen because of the absence of fully staffed legal support services. The fact that no one in the department has any taxi experience at the operational level has been problematic, too. BEFORE MTDB ENFORCEMENT - Police Licensing ADMINISTRATIVE Paratransit Administration LEGISLATIVE - S.D. City Council/Subcommittees AFTER MTDB ENFORCEMENT - Trolley Code Compliance ADMINISTRATIVE - Paratransit Administration LEGISLATIVE - MTD Board of Directors GAINS 1. More comprehensive taxi vehicle inspection. LOSSES 1. Loss of efficiencies and economics of scale of City Attorney's office with fully staffed legal support services, necessitating expensive outside counsel. 2. Loss of oversight/expertise of council sub -committees, i.e., Transportation and Land Use. 3. Loss of oversight by the City Attorney's office of the Paratransit Administration. 4. Loss of full police power authority of sworn officers causing the drop of serious violations from misdemeanor status with its corresponding lack of deterrent value. CONCLUSION MTDB's mistakes are not isolated events but a pattern. They did not occur just at the beginning but continue up to the present. They include illegal acts and denial of due process to the regulated. They do not know, nor could they therefore practice, the meaning inherent in The Rule of Law. My city does not understand that it suffers consequences when we do because the image of our city we are passing on to our passengers is the one formed daily by an agency that is inept, incompetent and consciously ignoring the law. Regulation consists of the separate parts bound together as whole. That means the administrative, enforcement and legislative parts working together and the binding agent, the common and shared legal support services of the City Attorney's office. The unnatural separation which exists now has resulted in the problems listed in this report. They can only be solved by putting the parts back together again. This would require my city, of course, to finally live up to its responsibilities. - 14- RECOMMENDATION Bring us home. 1. Transfer administration, enforcement and policy back to the city. 2. Approve an interim 6 month contract with MTDB while transfer changes are being made. 3. Offer all presently employed Paratransit personnel, except the administrator, a position with the City. 4. Adjust salaries to comparable City positions. 5. Open up the position of Paratransit Administrator to a nationwide search with, a strong emphasis on operational experience and/or knowledge at comparable City salaries. Lb/Di - 15 - -1HN M. KAHENY ASSISTANT CITY ATTORNEY TIS M. FITZPATRICK ASSISTANT CITY ATTORNEY (SPECIAL PROJECTS) STUART H. SWEIT SENIOR CHIEF DEPUTY CITY ATTORNEY TED BROMFIELD KENNETH K. SO HAROLD O. VALDERHAUG CHIEF DEPUTY CITY ATTORNEYS Elmer L. Heap, Jr. Deputy City Attorney OFFICE OF THE CITY ATTORNEY CITY OF SAN DIEGO John W. Witt CITY ATTORNEY MEMORANDUM OF LAW CITY ADMINISTRATION BUILDING 202 "C" STREET SAN DIEGO, CALIFORNIA 92101-3863 TELEPHONE (619) 236.6220 FAX (619) 236-7215 DATE: May 19, 1994 TO: Patti Boekamp, Deputy Director - Engineering & Development, Traffic Engineering Division FROM: City Attorney SUBJECT: Legality of Metropolitan Transit Development Board's Authority to Administer and Enforce The City of San Diego's Paratransit Ordinance QUESTION PRESENTED In a memorandum dated May 17, 1994, you asked whether the agreement for administration of paratransit regulation ("Agreement") between The City of San Diego and the Metropolitan Transit Development Board ("MTDB") violates San Diego City Charter section 11.1 as an unlawful delegation of legislative power. SHORT ANSWER No. As a general rule, a legislative body cannot delegate power to make legislative policy. However, only in the event of a total abdication of legislative power will courts condemn legislative action as an unlawful delegation. To withstand scrutiny, a delegation of power must establish an effective mechanism to ensure the proper implementation of its policy decisions. Thus, where the legislature makes the fundamental policy decision and delegates to some other body the task of implementing that policy under adequate safeguards, there is no violation of the doctrine prohibiting delegation of legislative power. Patti Boekamp ®2® May 19, 1994 LEGISLATIVE HISTORY San Diego Charter section 11.1 reads in part as follows: The same prohibition against delegation of the legislative power which is imposed on the State Legislature by Article. XI, Section 11a of the Constitution of the State of California shall apply to the City Council of The City of San Diego, so that its members shall not delegate legislative power or responsibility which they were elected to exercise in the adoption of any ordinance or resolution which raises or spends public monies, including but not limited to the City's annual budget ordinance or any part thereof, and the annual ordinance setting compensation for City employees, or any ordinance or resolution setting public policy. The voters of The City of San Diego in 1980 approved a ballot measure amending the Charter of The City of San Diego by adding a new section 11.1 entitled "Legislative Power -- Nondelegable." This amendment placed upon the City Council the same prohibition against delegation of legislative power which is imposed by the State Constitution upon the California Legislature. The amendment provided that the Council would be solely and exclusively responsible for all decisions and actions in regard to raising and spending public funds. That power could not be delegated. The section provides further that the need of the citizens for police protection shall be accorded priority in the decisionmaking process. This item appeared on the June -3, 1980 ballot as Proposition A. This proposition was an alternative to Proposition B, a ballot measure which the San Diego Police Officers Association qualified by the initiative process proposing an amendment to section 129.1 of the Charter of The City of San Diego. The amendment provided for impasse resolution procedures, the thrust of which was compulsory binding arbitration. In researching the legislative history of Proposition A, we found the following statement by then Mayor Pete Wilson at a City Council meeting dated March 10, 1980 revealing that Proposition A was an alternative to Proposition B. Patti Boekamp -3- May 19, 1994 The ordinance, which I think has been distributed to all of you, is a straightforward effort to provide a positive alternative to the item we have just voted to place upon the ballot (Proposition B) as a result of the qualification of the initiative measure proposing binding arbitration, and I think the language is clear. The proposition that would appear upon the ballot ... notes the constitutional provision of the State Constitution which prohibits the Legislature's delegation of its legislative power or responsibility and would state that same prohibition applies to the City Council and the performance of the duties that we were elected to perform in the raising or spending of public monies including, but not limited to the annual budget ordinance or any part of the budget and - the annual ordinance setting compensation or any other ordinance or resolution setting public policy. It further states that in setting compensation for City employees, the Council shall adopt an ordinance no later than May 30 of each year after considering all relevant evidence, including but not limited to the needsof the citizens of the City of San Diego for municipal services and the ability of the citizens to pay for those services, provided, however, that the City Council shall give priority in the funding of municipal services to the need of the citizens for police protection. Consequently, the purpose of Charter section 11.1 was to serve as an alternative to Proposition B on the June 3, 1980 ballot. It was not intended to restrict the City's authority to delegate the administration and regulation of the paratransit system to MTDB. However, the City is subject to the same prohibition against delegation of legislative power as is imposed upon the State Legislature by article XI, section lla of the California Constitution. The following is our analysis. DISCUSSION I. General Principles Article XI, section lla of the California Constitution provides: The Legislature may not delegate to a private person or body power to make, control, appropriate, supervise, or interfere with county or municipal corporation improvements, money, or property, or to levy taxes or assessments, or perform municipal functions. Patti Boekamp -4- May 19, 1994 The general rule is well established that legislative power cannot be delegated by a municipality unless certain conditions are met. 2 McQuillin, The Law of Municipal Corporations S 10.40 (3d ed. 1988). The purpose of the doctrine prohibiting delegation of legislative power is to assure that "truly fundamental issues will be, resolved by the Legislature, and that a grant of authority is accompanied by safeguards adequate to prevent its abuse." Kugler v. Yocum, 69 Cal. 2d. 371, 376 (196e (Quoting Wilke & Holzheiser. Inc. v. Department of Alcoholic Beverage Control, 65 Cal. 2d. 349, 369 (1966)). "Several equally well established principles, however, serve to limit the scope of the doctrine proscribing delegations of legislative power." Kugler, 69 Cal. 2d at 375. Generally speaking, only in the event of total abdication of legislative power through failure to render basic policy decisions or to - assure that they are implemented as made, will courts condemn a particular delegation of power by a legislative body. Id. at 384. The legislature may, "after declaring a policy and fixing a primary standard, confer upon executive or administrative officers the 'power to fill up the details' by prescribing administrative rules and regulations to promote the purposes of the legislation and to carry it into effect (citation omitted)." Id. at 376. Ta svercome a challenge, reasonable grants of power to an administrative agencyf must be accompanied by suitable safeguards to guide the. use -vf the power and protect against misuse. Id. at 381; GEED v. California Coastal Zone Conservation Commission, 43 Cal. App. 3d. 306, 325 (1974); See also Cerni v. City of Cloverdale, 191 Cal. App. 3d. 1471, 1479 (1987) (upholding a Memorandum of. Understanding adopted by a city council providing that an employee subject to termination or discipline has the right to an appeal before an appeals board and that a decision by a majority of the board is binding on the city and on the employee). Courts have interpreted the requirement for standards as "but one method for the effective implementation of the legislative policy decision; the requirement possesses no sacrosanct quality in itself so long as its purpose may otherwise be assured." Kugler, 69 Ca1.2d at 381. "Moreover, the fact that an ordinance vests an agency with unlimited discretion. or power to exercise a iudgment of high order does not confer unrestricted Dower (emphasis added)." Cerni, 191 Cal. App. 3d at 1479-80. Patti Boekamp -5- May 19, 1994 II. Application Turning to the present situation, the City's delegation of power to the MTDB to administer and enforce the Paratransit Ordinance ("Ordinance") does not fall within the general proscription against delegation of legislative power as discussed above. As a threshold matter, MTDB is authorized by state statute to enter into contracts with any city in its area of jurisdiction to regulate transportation services. (See Public Utility Code S 120266.) Applying the general rules regarding proper delegation of power outlined above, the City rendered basic policy decisions with respect to paratransit services in adopting the Ordinance. The subsequent minor changes in the Ordinance in the application and execution of the policy by MTDB does not constitute - legislative nor public policy delegation. Kugler, 69 Cal. 2d at 377. Thus, the Agreement which authorizes MTDB to enforce policies and regulations and amend those regulations from "time to time" does not constitute an unlawful delegation of legislative policy making power. MTDB's authority is expressly limited to enforcement and administration. No policy making or legislative power has been expressly or implicitly delegated.. The Ordinance sets the public policy with respect to paratransit services; the MTDB administers and enforces that policy. The fact that MTDB may amend the rules, regulations or policies in administering the Ordinance does not, by itself, render the delegation of power infirm, since this grant of authority is accompanied by adequate safeguards. For example, section six of the Agreement and section four of the first amendment to the Agreement provide for the City Manager, by executing a Memorandum of Understanding, to supplement the Agreement as needed. These provisions afford the City ample opportunity to exercise its retained policy making authority. Thus, there has not been a "total abdication" of legislative power. The Agreement and amendment to the Agreement evidence the City's fulfillment of its obligation to determine the "truly fundamental" issues with respect to paratransit services. Subsequent delegation of power to MTDB either to "fill up the details" from "time to time," or which grants MTDB "unlimited discretion to exercise judgments of a high order," is not precluded by the general proscription against delegation by the legislature of its legislative power as that proscription has been interpreted by decisional law. Patti Boekamp -6- May 19, 1994 CONCLUSION in light of the legislative intent of Charter section 11.1, the contractual relationship between the City and MTDB does not violate section 11.1. Also, based on the foregoing principles and discussion, the Agreement does not violate the general proscription against delegation of legislative power. To be precluded, MTDB's authorization to administer paratransit services would have to be a total abdication of the City's power to set policy and regulations for paratransit services. The safeguards established in the Agreement evidence the City Council's fulfillment of their obligation to determine the fundamental issues and establish adequate safeguards. Therefore, the City's delegation of power to MTDB can not be reasonably construed as a total abdication of their power to regulate paratransit services in violation of the proscription against _° delegating legislative power. JOHN W. WIT! y Att• ney By eap, ty City At ney ELH:PAM:smm:474.10(x043.2) cc Jack Limber, General Counsel, MTDB ML-94-44 rj POP MTDB Doc. No. 00-89-502 Amendment No. 1 T 370 FIRST AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF PARATRANSIT REGULATIONS THIS FIRST AMENDMENT TO AGREEMENT is entered into by and between the City of San Diego, a municipal corporation and chartered city; herein called "City," and the San Diego Metropolitan Transit Development Board, a public agency, herein called "MTDB," for the period January 1, 1989 through'December 31, 1993. RECITALS WHEREAS, MTDB is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of San Diego is within MTDB's jurisdiction created January 1, 1976 under Section 120050, et seq., Chapter 2, Division 11 of the California Public Utilities Code; and WHEREAS, the City regulates paratransit vehicles in accordance with San Diego Municipal Code Chapter VII, Article 5, the Paratransit Code, and Council Policy 500-2; and 7-1 C'JMENT NO/, 272S17 DEC1219RF OF THE CITY CLERK )IEGO, CALIFORNIA WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266; and WHEREAS, the City and MTDB entered into an Agreement For The Administration Of Paratransit Regulations to provide for an orderly transition for MTDB to adopt regulations and fee schedules, hire staff, provide office space and equip- ment, and otherwise assume full responsibility for this function effective January 1, 1989; and WHEREAS, The City and MTDB desire to now enter into a First Amendment to authorize MTDB to regulate Paratransit services for a five-year period; NOW THEREFORE, in consideration of the above, the City and MTDB agree as follows: 1. MTDB will administer and enforce its Paratransit Ordinance, policies and regulations, as in effect on January 1, 1989, and as thereafter from time to time amended by MTDB, and thereby regulate such paratransit vehicles and transportation services rendered wholly within the City's corporate limits during the period ending December 31, 1993 pursuant to Public Utilities Code Section 120266. 2. MTDB will collect and administer all such regulatory fees, fines and forfeitures as now or hereafter provided by the MTDB Paratransit Ordinance, policies and regulations. -2- 3. MTDB will assume all rights, responsibilities and duties of the City effective January 1, 1989, with regard to all then pending permits, applications, hearings and other such paratransit matters. 4. The City Manager and the MTDB General Manager may supplement this First Amendment to Agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of paratransit regulation, and to provide for reimbursable staff and legal support services. IN WITNESS THEREOF, this First Amendment to Agreement is executed by the City acting by and through its City Manager pursuant to Council Resolution No. R- 2 7 2 5 1 t , and by MTDB acting through its General Manager; dated this Miti day of Dee.P )°' , 1988. THE CITY OF SAN DIEGO SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Thomas F. Larwin General Manager We hereby approve the form and legality of the foregoing Amendment to Agreement. hn Witt City Attorney Date: JPL:lst msl, 11/23/88 Jack Limber General Counsel Date: -3- C) 0$IG7!AIL YI�_UU UV�.. 17V. l"JVLLJ.J-7`h j /� I 590.1 1/(/V/■ 1-Axl RIGINAL THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is made by and between THE CITY OF SAN DIEGO, a municipal corporation, herein called "City," and the San Diego Metropolitan Transit Development Board, a public agency, herein called "MTDB", for the period of July 1, 1994 through June 30, 1995. RECITALS A. MTDB is authorized under section 120266, chapter 2, division 11 of the California Public Utilities Code to enter into contracts to regulate transportation services within its area of jurisdiction; and B. The City of San Diego is within MTDB's jurisdiction created January 1, 1976 under section 120050, et seq., chapter 2, division 11 of the California Public Utilities Code; and C. The City regulated paratransit vehicles in accordance with San Diego Municipal Code, chapter VII, article 5, the Paratransit Code, and Council Policy 500-2; and its D. a city in The City set the fundamental public policy pursuant Paratransit Code to regulate paratransit vehicles; and The City desires that MTDB regulate such vehicles and E. to services pursuant to P.U.C. section 120266 and inaccordancewith Paratransit Code; and U F. The City and MTDB entered into an agreement, Document 'J 6 W �¢No. RR-271306 for the period of July 1, 1988 through December 31, F=- ®1988; and a First Amendment to that agreement, Document No. RR- 11 Lu ® n272517,efor the period of Janggrti.ly 9849 through December 31, ® ® cC 1993; and a Second Amendment to that ac rgen-it, Document No. RR- 283074, for the period of January 1, 1994 through June 30, 1994; and G. The City and MTDB desire to now enter into a Third Amendment to authorize MTDB to continue to regulate paratransit services for an additional one-year period; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. MTDB will administer and enforce its Paratransit Ordinance, policies and regulations, as in effect on July 1, 1994, and as thereafter from time to time amended by MTDB, and thereby regulate such paratransit vehicles and transportation service rendered wholly within the City's corporate limits during the period ending June 30, 1995, pursuant to Public Utilities Code section 120266. 2. MTDB will collect and administer all such regulatory fees, fines and forfeitures as now of hereafter provided by the MTDB Paratransit Ordinance, policies and regulations. 3. MTDB will not alter a fundamental policy or regulation in accordance with the Paratransit Ordinance without prior approval of the City Manager. 4. The City Manager and the MTDB General Manager may supplement this Third Amendment to Agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of paratransit regulation, and to provide for reimbursable staff and legal support services. IN WITNESS WHEREOF, this Third Amendment to Agreement is executed by The City of San Diego, acting by and through its City 2 Manager, pursuant to Resolution No. R- 284038 authorizing such execution, and by MTDB. Dated this day of JUN 0 61994, 1994. THE CITY OF SAN DIEGO SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD By Thomas F. Larwin General Manager I HEREBY APPROVE the form and legality of the foregoing hird Amendment to Agreement this (q day of -11)11 ELH:smm 06/03/94 06/13/94 REV. Or.Dept:E&D JOHN W. WICity Attorney By 3 liner L. eap, Jr. Deputy City Attorney 1994. /2-'284038 (4) Any person who is required to register as a sex offender pur- suant to Penal Code Section 290. (5) Any person who has provided false information of a material fact in their application. (k) The General Manager is authorized to issue temporary paratransit driver identification cards pending the approval or denial of an application for a regular paratransit driver identification card. No temporary para- transit driver identification card shall be.issued without the satisfactory completion of a local law enforcement agency record check of the applicant. Any temporary identification card so issued shall be valid for a period not to exceed ninety (90) days or until the date of approval or denial of the appli- cation for a a regular paratransit driver identification card, whichever shall occur first. The issuance of a temporary identification card hereunder shall not authorize the operation of a paratransit vehicle following the denial of the application while pending the resolution of any appeal otherwise provided for in Section 1.16 of this Ordinance. (1) The General Manager shall establish nonrefundable filing fees to defray. the costs of processing regular and temporary driver identification cards. (1) Violations of subsections (a) through (i) of this section are misdemeanors. Section 1.13 - Suspension and Revocation of Permit (a) Permits may be suspended or revoked by the General Manager at any time in case: (1) The General Manager finds the permit holder's past record to be unsatisfactory with respect to satisfying the provisions of this Ordinance. (2) The permit holder fails to comply with the applicable provisions of this Ordinance. (3) The drivers of the paratransit vehicle or vehicles fail to act in accordance with those provisions of this Ordinance which govern driver actions. (4) The owner shall cease to operate any paratransit vehicle for a period of sixty (60) consecutive days without having obtained written per- mission for cessation of such operation from the General Manager. It is the intent of this section that the General Manager, in granting such permission, gives due consideration to the operating situation of the permit holder on a case -by -case basis. The following guidelines are to be used in granting permission for a permit holder to cease operating a paratransit vehicle for a period longer than sixty (60) days. -18- (i) The permit holder must submit a written request for an extension of time, stating the specific reason(s) additional time is required and identifying a plan and timetable for placing the vehicle back in service. Written documents sufficient to substantiate the factual information contained in the request should also be submitted. (ii) The plan and timetable submitted must reflect a reasonable approach for placing the vehicle back in service within the shortest possible time frame. (iii) An additional period of time, not to exceed sixty (60) calendar days, may be granted to a permit holder in case of severe personal illness or other similar hardship. (iv) An additional period of time, not to exceed thirty (30) calendar days may be granted to a permit holder in case of extensive vehicle repairs or other similar reasons. (v) No extension will be granted to any permit holder who is unable to meet the basic operational costs, including liability insurance, regulatory fees, and normal maintenance and repairs, of operating a para- transit vehicle. (vi) No more than one extension in time will be granted for each vehicle permit in a single twelve (12) month period. (5) The paratransit vehicle or vehicles, if operated as other than a taxicab, are operated at a rate of fare other than those fares on file with the General Manager. (6) The paratransit vehicle or vehicles, if operated as a taxicab, are operated at a rate of fare greater than those fares on file with the General Manager or posted on the taxicab pursuant to Section 2.2 (b) of this Ordinance. (7) The paratransit vehicle or vehicles, if operated as a taxicab, are operated at a rate of fare greater than the current maximum rate estab- lished by the Board pursuant to Section 2.2 (a) of this Ordinance. (8) The permit holder fails to begin operating the paratransit vehicle for which the permit is first approved within ninety (90) days after the approval date. (9) The permit holder has been convicted of assault, battery, resisting arrest, any felony involving force and violence or any crime reasonably and rationally related to the paratransit industry or any similar business operation which bears upon the integrity or ability of the applicant or holder to operate a paratransit business and transport passengers, unless five (5) years shall have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation for such conviction. -19- (10) The permit holder has been convicted of a crime that would require a person to register as a sex offender under Section 290 of the California Penal Code. (b) For purposes of this section, a plea or verdict of guilty, a finding of guilt by a court, a plea of nolo contendere or a forfeiture of bail shall be considered a conviction. (c) The permit holder shall be notified each time a complaint against him or her has been filed by a member of the public. The General Manager shall cause each complaint to be investigated. Upon investigation and deter- mination of three (3) valid complaints within twelve (12) months, the permit holder shall receive a notice of proposed adverse action and shall appear for an informal hearing before the General Manager. Failure to so appear shall constitute a waiver of the hearing. Following the hearing or waiver thereof, the General Manager shall issue the adverse action if justified. (d) Following the issuance of a notice of adverse action, receipt by the General Manager of one (1) additional complaint arising within twelve (12) months subsequent to the date of issuance of the notice of adverse action that is determined to be valid shall cause the permit to be suspended or revoked. (e) Upon a finding by the General Manager that a permit holder falls within the provisions of this section, the permit holder shall be notified that his or her permit has been revoked or suspended and the manner in which such action may be appealed. In lieu of revocation or suspension, the General Manager may impose a fine or a fine and a period of suspension. Section 1.14 - Suspension and Revocation of Driver's Identification Cards. (a) Driver's identification cards may be suspended or revoked by the General Manager at any time in case: (1) The General Manager finds the driver's past record to be unsatisfactory with respect to satisfying the provisions of this Ordinance; or (2) The driver fails to comply with the applicable provisions of this Ordinance; or (3) Circumstances furnish grounds for the denial, suspension, revocation or refusal to renew the driver's identification card by the Sheriff under the terms of the applicable Ordinance of the County of San Diego; or (4) His or her State Driver's License is revoked or suspended; or (5) The driver is convicted of reckless driving or driving with a blood alcohol content of .10 percent or greater or while under the influence of intoxicating liquors and/or narcotics while operating a paratransit vehicle; or -20- (6) The driver has been convicted of assault, battery, resisting arrest, any felony involving force and violence; or any crime reasonably and rationally related to the ability or integrity of the driver to operate a paratransit vehicle or transport passengers; or (7) The driver has ever been convicted of a crime that requires registration under Section 290 of the California Penal Code as a sex offender. (b) For purposes of subsections (a)(1) through (a)(6) of this section, a plea of nolo contendere, or a forfeiture of bail shall be considered a con- viction if it occurred within the five years immediately preceding the date of application for a permit or identification card. (c) Notwithstanding a driver's possession of a valid taxicab driver identification card, the General Manager may deny, suspend, revoke or refuse to renew, the driver's privilege to operate a paratransit vehicle in the City if the driver falls within the provisions of this section. The General Manager shall send a notice of prohibition to operate a taxicab to any holder of a Sheriff's driver identification card who is ineligible under Subsection (a) to operate a paratransit vehicle within the City limits. The notice of prohibition shall be appealable in accordance with Section 1.16. (d) The driver shall be notified each time a complaint against him or her has been filed by a member of the public. The General Manager shall cause each complaint to be investigated. Upon the investigation and determination of three (3) valid complaints, within twelve (12) months, the driver shall be issued a notice of proposed adverse action and shall appear for an informal hearing before the General Manager. Failure to so appear shall constitute a waiver of the hearing. Following such hearing or waiver thereof, the General Manager shall issue the adverse action, if justified. (e) Following the issuance of a notice of adverse action, receipt by the General Manager of one (1) additional complaint arising within twelve (12) months subsequent to the date of issuance of the adverse action that is deter- mined to be valid shall cause the driver's identification card to be revoked or suspended, as appropriate. (f) Upon a finding by the General Manager that a driver falls within the provisions of this section, the driver shall be notified that his or her dri- ver's identification card has been revoked or suspended and the manner in which such action may be appealed. In lieu of revocation or suspension, the General Manager may impose a fine or a fine and a period of suspension. Section 1.15 - Surrender of Medallion When a permit has been suspended or revoked, the operation of any para- transit vehicle authorized by such permit shall cease, and its medallion surrendered immediately to the General Manager. -21- (4) Any person who is required to register as a sex offender pursuant to the California Penal Code. (5) Any person who has pro - ided false information of a material fact in their application within the past five (5) years. (6) No person shall obtain or renew a driver's identification card unless such person has successfully completed a personal safety training course approved by the General Manager. (h) The Sheriff is authorized to issue temporary paratransit driver identification cards pending the approval or denial of an application for a regular paratransit driver identification card. No temporary paratransit driver identification card shall be issued without the satisfactory completion of a local law enforcement agency record check of the applicant. Any temporary identification card so issued shall be valid for a period not to exceed ninety (90) days or until the date of approval or denial of the application for a regular paratransit driver identification card, whichever shall occur first. The issuance of a temporary identification card hereunder shall not authorize the operation of a paratransit vehicle following the denial of the application while pending the resolution of any appeal otherwise provided for in Section 1.16 of this Ordinance. (1) The Sheriff or the General Manager shall establish nonrefundable filing fees to defray the costs of processing regular and temporary driver identification cards. (Section 1. 12 amended 9/24/981 (Section 1. 12 amended 10/30/971 (Section 1. 12 amended 11/9/951 Section 1.13 - Suspension and Revocation of Permit (a) Permits may be suspended or revoked by the General Manager at any time in case: (1) The General Manager finds the permit holder's past record to be unsatisfactory with respect to satisfying the provisions of this Ordinance. (2) The permit holder fails to comply with the applicable provisions of this Ordinance. (3) The drivers of the paratransit vehicle or vehicles fail to act in accordance with those provisions of this Ordinance which govern driver actions. The permit holder shall have strict liability in this regard; however, this provision shall not restrict the General Manager's ability to penalize a driver for violations of those provisions of this Ordinance which govern driver actions. (4) The owner shall cease to operate any paratransit vehicle for a period of sixty (60) consecutive days without having obtained written permission for cessation of such operation from the General Manager. It is the intent of this section that the General Manager, in granting such permission, gives due consideration to the operating situation of the permit holder on a case -by -case basis. -18- /f-2 The following guidelines are to be used in granting permission for a permit holder to cease operating a paratransit vehicle for a period longer than sixty (60) days. (a) The permit holder must submit a written request for an extension of time, stating the specific reason(s) additional time is required and identifying a plan and timetable for placing the vehicle back in service. Written documents sufficient to substantiate the factual information contained in the request should also be submitted. (b) The plan and timetable submitted must reflect a reasonable approach for placing the vehicle back in service within the s(1ortest possible time frame. (c) An additional period of time, not to exceed sixty (60) calendar days, may be granted to a permit holder in case of severe personal illness or other similar hardship. (d) An additional period of time, not to exceed thirty (30) calendar days, may be granted to a permit holder in case of extensive vehicle repairs or other similar reasons. (e) No extension will be granted to any permit holder who is unable to meet the basic operational costs including liability insurance, regulatory fees, and normal maintenance and repairs of operating a paratransit vehicle. (f) No more than one (1) extension in time will be granted for each vehicle permit in a single twelve (12) month period. (5) The paratransit vehicle or velilcles, if operated as other than a taxicab, are perated at a rate of fare other than those fares on file with the General Manager. (6) The paratransit vehicle or vehicles, if operated as a taxicab, are operated at a rate of fare. greater than those fares on file with the General Manager or posted on the taxicab pursuant to Section 2.2 (b) of this Ordinance. (7) The paratransit vehicle or vehicles, if operated as a taxicab, are operated at a rate of fare greater than current maximum rate established by the Board pursuant to Section 2.2(a) of this Ordinance. (8) The permit holder fails to begin operating the paratransit vehicle for which the permit is first approved within ninety (90) days after the approval date. (9) The permit holder has been convicted of assault, battery, resisting arrest, any felony involving force and violence, or any crime reasonably and rationally related to the paratransit industry or any similar business operation which bears upon the integrity or ability of the applicant or holder to operate a paratransit business and transport passengers, unless five (5) years shall have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation for such conviction. (10) The permit holder has been convicted of a crime that would require a person to register as a sex offender under the California Penal Code. For purposes of this section, a plea or verdict of guilty, a finding of guilt by a court, a plea of nolo contendre or a forfeiture of bail shall be considered a conviction. -19- (b) A permit holder shall be notified in writing within 10 working days when a credible complaint has been filed with the General manager by a member of the public where such complaint involves the permit holder, the driver of the permitted paratransit vehicle, or the radio service to which the permit holder is subscribed. It shall be the responsibility of the permit holder to investigate the complaint and report in writing to the General Manager within 30 days the result of the investigation and any corrective action taken or proposed. Where the complainant has agreed to the sharing of their identity, the results of the investigation, findings, and action shall be communicated to the complainant. 7,) In the event the General Manager finds a permit holder has failed to responsibly respond to no: ration of complaints or to initiate corrective action, the General manager shall issue a notice of proposed adverse action to the permit holder. If the circumstances of the complaint or subsequent investigation so warrant, the General manager may issue a notice of adverse action to a driver independently of or in conjunction with any adverse action proposed to the permit holder. The General manager shall refer to the Administrative Penalty Guidelines in determining a proposed adverse action. (d) The permit holder or driver in receipt of a notice of proposed adverse action shall be given the opportunity to appear for an informal hearing before the General Manager or his designated representative. Failure to appear will constitute waiver of the hearing. Following the hearing or waiver thereof, the General Manager shall issue the notice of adverse action if justified by the facts. If the General Manager determines that the performance of the permit holder or driver involves crininal activity or constitutes a serious degradation of the public safety, convenience, or necessity, a notice of adverse action may be issued and the action effected without hearing. (e) Upon a finding by the General Manager that a permit holder falls within the provisions of this section, the permit holder or driver shall be notified that his or her permit has been subjected to an adverse action and that the matter is such that the action may be appealed. In lieu of an action provided for in the Administrative Penalty Guidelines, the General manager may impose a fine or a fine and period of suspension for any violation(s) of this Ordinance. (Section 1.13 amended 6/24/99) Section 1.14 — Susoension and Revocation of Drivers Identification Cards (a) Driver's identification cards may be suspended or revoked by the General Manager at any time in case: (1) The General Manager finds the driver's past record to be unsatisfactory with respect to satisfying the provisions of this Ordinance: or (2) The driver fails to comply with the applicable provisions of this Ordinance; or (3) Circumstances furnish grounds for the denial, suspension, revocation or refusal to renew the drivers identification card by the Sheriff under the terms of the applicable Ordinance of the County of San Diego; or -20- (4) His/her California Driver's License is revoked or suspended; or (5) The driver is convicted of reckless driving or driving while under the influence of intoxicating liquors and/or narcotics; or (6) The driver has been convicted of assault,' battery, resisting arrest, any felony involving force and violence, or any crime reasonably and rationally related to the ability or integrity of the driver to operate a paratransit vehicle or transport passengers; or (7) The driver has ever been convicted of a crime that requires registration under the California Penal Code as a sex offender. (b) For purposes of Subsections (a) (1) through (a) (6) of this section, a plea of nolo contendre, or a forfeiture of bail shall be considered a conviction if it occurred within the five (5) years immediately preceding the date of application for a permit or identification card. (c) Notwithstanding a driver's possession of a valid taxicab driver identification card, the General Manager may deny, suspend, revoke or refuse to renew the driver's privilege to operate a paratransit vehicle in the City if the driver falls within the provisions of this section. The General Manager shall send a notice of prohibition to operate a taxicab to any holder of a Sheriff's driver identification card who is ineligible under Subsection (a) to operate a paratransit vehicle within the City limits. The notice of prohibition shall be appealable in accordance with Section 1.16. (Section 1.14 amended 6/24/991 Section 1 .1 5 - Surrender of Medallion (a) When a permit has been suspended or revoked, the operation of any paratransit vehicle authorized by such permit shall cease, andits medallion surrendered immediately to the General Manager. Section 1.16 Right of Adminicr native Appe�rom Denial, Suspension or Revocation of Permit or Driver's Identification Cardtr Related Adverse Action (a) The permit holder or driver shall be notified that he or she may file with the General Manager a written administrative appeal ten (10) days after delivery of the notice of revocation or suspension, or the denial of a license, permit or driver's identification card, the notice of prohibition to operate or the imposition of a fine. The permit holder or driver shall set forth in the appeal the reasons why such action is not proper. WI If no administrative appeal is filed within the proper time, the permit or driver's identification card shall be considered revoked, suspended or denied, and shall be surrendered, the fine be imposed, as applicable, or the notice of prohibition to operate take effect. (c) Except as provided in Subsection (d), once an administrative appeal is filed, the revocation or suspension of the permit or driver's identification card, the effect of the notice of prohibition to operate, or the imposition of the fine shall be stayed pending the final determination of the administrative appeal. -21- (d) If, in the General Manager's opinion, the continued operation of a paratransit vehicle or possession of a driver's identification.card represents an unsafe condition for any passenger, the revocation or suspension of the related permit, driver's identification card, or the effect of any notice of prohibition to operate shall not be stayed. A revocation or suspension of a permit imposed for failure to comply with Section 1.8 (f) or Section 1.9 is rebuttably presumed to represent an unsafe condition pending the determination of the appeal or the correction of the violation, whichever shall occur first. Notwithstanding, no medallion shall be reaffixed to a vehicle until the violation under Sections 1.8 (f) or 1.9 has been corrected. Section 1 .1 7 - Procedure Upon Administrative Appeal la) When an appeal is filed, the General Manager shall review the appeal, and based on additional information provided therein, may revise his findings and penalty; in accordance with the additional information provided; or cause the appeal to be assigned to a Hearing Officer, who shall expeditiously schedule the hearing before him/her. (1) The General Manager shall maintain a list of qualified Hearing Officers and shall regularly rotate assignments based on availability of the proposed Hearing Officers. (2) The Hearing Officer shall be appointed by the General Manager, shall be a member of the California State Bar, and shall not be an MTDB employee. (b) The appellant and the General Manager or designate shall each have the right to appear in person and be represented by legal counsel, to receive notice, to present evidence, to call and cross-examine witnesses under oath, and to present argument. (1) The Hearing Officer shall have the power to compel attendance of witnesses and documents by subpoena, in accordance with state law. (2) The formal rules of evidence need not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs shall be admissible. Hearsay evidence may be considered by the Hearing Officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. The formal exceptions to the hearsay rule snall apply. lc) The General Manager shall promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. (d) The decision of the Hearing Officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. (e) If the Hearing Officer decides to suspend or revoke a permit or driver's identification card, the appellant shall immediately surrender the medallion or driver's identification card to the General Manager. -22- MTDB Metropolitan Transit Development Board 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD ADMINISTRATIVE REGULATION AR 89-1, REVISION -1 Subject: CONDUCT OF HEARINGS INVOLVING TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATED BUSINESSES Effective Date: July 9, 1997 SUMMARY OF CONTENTS 1. Purpose 2. Scope 3. Definitions 4. Hearing Officers 5. Procedure 5.1 Setting the Matter for Hearing 5.2 Delivery of Notice •byMail- 5.3 Appellant: Right to Representation by Counsel and Failure to Appear at Hearing 5.4 Discovery 5.5 Conduct of Hearings 5.6 Rules of Evidence Applicable to Hearings 5.7 Findings and Determinations by the Hearing Officer Page 1 of 7 Member Agencies: City of Chula Vista, City of Coronado. City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City. City of Poway, City of San Diego. City of Santee. County of San Diego, State of California Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit -System and the 1!Y Taxicab Administration Subsidiary Corporations:) E]]San Diego Transit Corporation. ; San Diego Trolley, Inc.. and. [= 1San Diego & Arizona -Eastern Railway Company JOHN B. BARRIAGE ATTORNEY AT LAW 655 FOURTH AVENUE - SUITE 5, SAN DIEGO. CALIFORNIA 92101 (619) 23E-7314 March 25, 1992 Ms. Barbara Lupro Metropolitan Transit Development Board Paratransit Regulatory Office 1255 Imperial Avenue Suite 1000 San Diego, Ca. 92101-7490 RE: APPEAL OF PENALTY NOTICE TO DARLENE DAVIS DAliL March 20, 1992 (Copy Attached) Dear Ms. Lupro: I represent Appellant Darlene Davis and hereby submit this appeal of the penalty notice dated 3-20-92 which accused Ms. Davis for filure to have a vehicle inspected. All for alleged violations of MTDB Ordinance 11 Sections 1.8 (d) this appeal is filed pursuant to Section 1.16(a) of Ordinance 11. The grounds of appeal are as follows: 1. Appellant denies generally and specifically that any violations occurred and demands that MTDB meet its burden to prove the truth of the allegations. 2. There is insufficient basis for MTDB to make a finding that a violation occurred. 3. That there was no violation of the particular code section. 4. The regulatory fee exceeds personnel and administrative costs as per MTDB Administrative Regulation AR 89-1. 5. Appellant demands that MTDB prove that an effective Penalty Schedule was in effect on the date of the alleged violation and that notice was sent to appellant. 6. That MTDB has no jurisdiction at the airport.. 7. Appellant reserves the right to raise other issues as may be discovered while reviewing discovery in this matter. 9. Denies that appellant violated any MTDB code section. /3-/ Lupro letter page 2 March 25, 1992 Appellant respectfully requests that the following discovery be provided: 1. Any and all reports, citations, field notes or prepared reports relating to the alleged violations. And any and all written coaplaints, reports, or correspondence prepared by or on behalf of any witness. 2. A copy of the administrative penalties if any extant at the time of the violation. Please include in this documentation any documentation relating to public notice or comment. 3. Listing of names, addresses, and telephone numbers of witnesses. 4. Appellant reserves any and all issues that may be discovered upon review of discovery or other documents in this matter. Therefore, Appellant respectfully requests that the allegation be dismissed or in the alternative that the required hearing be granted. B. Barriage orney For Appellant cc. Darlene Davis uOMMEMINW 1255 Imperial Avenue. Suite 10CC San Diego. CA 92101.749J (6191231-1466 FAX (619)234-3407 March 30, 1992 T 370 Mr. John B. Barriage Attorney -at -Law 655 Fourth Avenue, Suite 5 San Diego, CA 92101 Dear Mr. Barriage: Subject: APPEAL FILED ON BEHALF OF DARLENE DAVIS DATED MARCH 25, 1992 This is to acknowledge the appeal filed on behalf of Ms. Darlene Davis. Since our notice of March 20, 1992 imposed no penalty, there can be no appeal. However, to prevent any misunderstanding, the enclosed revised Warning Notice is sent as a replacement for the questioned Penalty Notice. Sincerely, Barbara Lupro Paratransit Regulatory Administrator BLL:CEn L-BARRIA.CEB Enclosure: Warning Notice cc: Company File Complaint/Violation File Memoer Agencies: City of Chula Vista. C tv'of Coronae°. City of El Calon. Cay of imperial Beach. City of La Mesa. City of Lemon Grove. City of Nat:onai City. Cav of Poway. City c! San Diego. Gtv c' Santee. County of San Diego. State of. California Mefr000fitan Transit Development Boarc is Coorptnaior of the Metropolitan Transit System ono is Regulatory Authority for Paratransit Acrnmistrabon Subsidiary Coreorattons o San Diego Transit Corporation. - a San Diego Trouey. Inc. and .. San Diego 6 Arizona Eastern Raimay 1255 Imperial Avenue. Suite 1000 San Diego - CA 92101-7490 1619; 231-1466 FAX (619) 234-3407 March 30, 1992 T 370 Ms. Darlene Davis Sunset Cab c/o John B. Barriage Attorney -at -Law 655 Fourth Avenue, Suite 5 San Diego, CA 92101 Subject: REVISED WARNING NOTICE You are hereby notified of the following violation of NTDB Ordinance No. 11 as specified below. Background On March 16, 1992, at 10:30 a.m., Sunset Cab No. 470 was operating at the airport without obtaining the airport rates of fare inspection. The notice to you on February 11, 1992, instructed you to have an inspection by MTDB by March 12, 1992. Offense Failure to have vehicle inspected as instructed; MTDB Ordinance No. 11, Section 1.8(d). Action Warning. Further violations of this nature will result in a fine. Barbara Lupro Paratransit Regulatory Administrator o BLL:CEB:Im L-SNSET.CEB cc: Company File Complaint/Violation File Member Agencies. City of Cntua Vista. Divot Coroneoc. Cite of El Caton. City of imoenat Beam. City at La Mesa. Cite of Lemon Grove. City of Na::onat City City of Poway. City of San Diego City or Santee. County of San Diego. State at California Meif000fttan Transit Devetooment Boara is Coordinator of the Metropolitan Transit System ono is Regulatory Authority for Paratransit ACmintstraaoh Suostatary Corporations 4,, San Diego Transit Corporation. San Diego Trolley. tnc. arm San Diego & Arizona Eastern Ranwav Company �. -41 A: ,r1IF7NEY AT LAW 655 FOURTH AVENUE - SUITE 5. SAN DIEGO. CALIFORNIA 92101 (6191 238-7314 March 31, 1992 Barbara U.ipro Paratransit Reaulatory Administrator 1255 Imperial Avenue Suite 1000 San Diego, Ca. 92101-7490 RE: Darlene Davis Warning Letter Dear Ms. L pro : In response to your letter to me dated March 30, 1992 relating to the warning letter to Ms. Davis. Your characterization of the notice as a warning does not mean that it has no adverse impact on Ms. Davis. Clearly it gees to the driver file, the complaint and violation file and your revised "warning letter" indicates that "further violations will result in a fine." Thus your letter f lies that r� for and unadju3icated allegation will serve as the subsequent violation. We contest that a violation occurred at all. Unless this allegation is adjudicated MIMES cannot use it for a subsequent violation. Unless the allegation in the warring letter is considered withdrawn by M7DB as the b'sic for the determination of a --penalty on a--subseo -ea alleged violation wel are still entitled to a hearing. Pleem. be advised that unless we hear from you on this matter we consider it withdrawn. If it is not considered withdrawn please let us know. Pleap be adviseed that pursuant to MTV Administrative Regulation AR 89-1 this matter is required to be set as soon as possible. My client does not waive her right to have this matter adjudicated as soon as possible. 125E imperial Avenue. Suite 100G San Diego. CA 92101-7490 (6191231-1466 FAX (619) 234-3407 T 370 April 8, 1992 Mr. John B. Barriage Attorney -at -Law 655 Fourth Avenue, Suite 5 San Diego, CA 92101 Dear Mr. Barriage: Subject: DARLENE DAVIS' WARNING LETTER In reply to your letter of March 31, 1992, enclosed is Ordinance No. a11, Section 1.16(a), which establishes the cgiteria for allowing an app e. Ms. Davis' warning does not meet this criteria, therefore, no appeal may be filed. Sincerely, Ed Blanz Paratransit Technician CEB:lm L-BARRI2.CEB Enclosure: MTDB Ordinance No. 11, Section 1.16 ..ee / /- cc: Sunset Taxi Company File e2g-4e( ' Member Aoenctes City of Chula Vista. City of Coronaoo. City of El Caton. City of imperial Beach. City of La Mesa. City of Lemon Grove. City of National City. City of Poway. City of San Diego. City o Santee. County of San Diego. Slatept Camorma Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and is Regulatory Autnonty for paratransn Administration Suosiolary Corporations- San Diego Transit Corporation, ; '. San Diego Trolley. Inc. and , San Diego & Arizona Eastern Railway Company A,TTC3PINIEse AT LAIN 655 ppUE11'1 AVENUE SUITE 5. $AN DIEGO. CALIpOEKIA 92101 (619) 238J31{ April 10, 1992 Mr. Ed Blatz, Paratransit Technician Metropolitan Transit Development Board 125 Imperial Avenue Suite 100 San Diego, Ca. 92101 RE: Darlene Davis "Warning Letter . " /3- Dear Mr. Blanz: Thankyou for your letter dated Apt 8, 1992 aware of the client of code guideline my MT is Cote- But, duenotwithstandingUnited the has that there is a violation, and thistiioliti If MTDBb1 has dffo or determination of future penalties Ms. this violation entitled may to disprove the allegations. Davis is to a hearing Theref or, we remain steadfast that Ms. Davis is entitled to 1r, ,. Therefore,earing this matterherefore, if you do grant our request for thatecation a to disprove the charges MTDB will have waived itsallegations of for purposes of penalizing future violation . Thised matter, because MIDB is maw a violations. ino trifling was made we desere�1e an opportunity to determinationllehi'that a violation we would rather not try this matter and all challenge this d is allegation. the charge Your refusal that isrequired g is an for M�liwithdrawal of the charge. to orant: a hearing 1255 Imperial Avenue. Suite 1000 an Diego: CA 92101-7490 19) 231-1466 AX (6191 234-3407 April 21, 1992 Mr. John Barriage 655 Fourth Avenue, Suite 5 San Diego, CA 92101 T 370 Dear Mr. Barriage: We received your April 10, 1992 letter concerning Ms. Darlene Davis' appeal. We do not agree that Ms. Davis is entitled to a hearing. Sincerely, Ed Blanz Paratransit Technician CEB:imc L-BARRIA.CEB cc: Sunset Company File Memoer Agencies - City of Chula Vista. City of Coronaao. Ciw of El Caion. City of imperial Beacn. City of La Mesa. City of Lemon Grove. City at National City. City of Poway. City of San Diego. Cay dt Santee. County of San Diego. State of California Metropolitan Transit Development Board is Ccoroinatcr of me Metropolitan Transit System and is Regulatory Authority for ToplParatransit Acmtntstratton Sudsidiary Corporations'. • San Diego Transit Corporation, . San Diego Trolley. Inc. and 17F7 San Diego & Arizona Eastern Railway Company MTDB s Metropolitan Transit Development Board 1255 Imperial Avenue. Suite 1000 San Dear. CA 92101-7490 (619122 a 466 FAX (61 '234-3407 ADMINISTRATIVE PENALTY GUIDELINES In accordance with MTDB Ordinance No. 11, Section 1.19, the General Manager has adopted this schedule to implement the provisions of Ordinance No. 11 conceming taxicab and other for -hire vehicles and drivers. In accordance with Sections 1.13 (a) and 1.14 (a), owners' permits and drivers' identification cards may be suspended or revoked by the General Manager. As provided for in Sections 1.13 (a) and 1.13 (d), penalties may be applied to a driver independently of or in conjunction with a penalty applied to an owner. "RTC — Removed until corrected. This penalty shall require the temporary removal of the medallion(s) of vehicle(s) specified in the penalty or the temporary suspension of a driver's identification card until the violation is corrected. Vehicles under the effect of this penalty may not be placed in service until they have been reinspected by MTDB. Driver identification cards may not be reinstated until the driver has provided proof to MTDB that the violation has been corrected. The 'temporary" nature of this penalty shall normally be construed to mean a 72-hour period. Extensions may be granted on a case -by -case basis. All reinspections or reinstatements may be subject to applicable administrative fees: **In addition to other penalties, may be assessed 150 percent of the assigned risk cost per day. J Section Item Penalty Guide Minimum/Maximum 1.2 a No vehicle operating permit 1.5 a, b 1.7 b 1.7 c RTC*/$500 Fine/Revocation Failure to request approval from MTDB to transfer RTC*/Revocation permit Missing, improper, or malfunctioning safety equipment RTC*/Revocation Window tinting, shades or markings that interfere Warning/RTC* with view into vehicle Failure to notify MTDB within 48 hrs. of change of Warning/RTC" 1.8 c business address/phone 1.8 d Failure to have vehicle inspected as instructed Warning/RTC* 1.8 f (1-12) Unsafe vehicle 1.8 h (1-14) Unsuitable vehicle not repaired and passed Warning/RTC* inspection within 72 hours RTC`/Plus 5-Day Suspension 1 .8 j Failure to immediately notify MTDB when a spare RTC*/Revocation vehicle is in use 1.8 I, o Contact card not displayed 1.8 m No map Map not current 1.8 q Driver did not offer passenger receipt Warning/RTC* Warning/RTC * Warning/RTC * Warning/3-Day Suspension Member Agencies: CitF of Ch;rta Vista. City o' Co•onaco. City of E. Damn, Cay c imperial Bea•cr City of La Mesa. City of Lemon Grove City or National City. City of Poway. City of San Diego Ciry of Santee County of San Diego State of California a Metropolitan Transit Development Board is Coordinator or :ne Metropolitan Transr: System and the 'MY Taxicao Acrrirestration Subsidiary Corporations:, San Diego Transit Corooranon. San Diego Troliey inc.. and '-1Sar Diego a Anzona Eastern Railway Company Section Penalty Guide Item Minimum/Maximum 1.8 t 1.8u• 1.8 v 1.8 w 1.8 x 1.8 z 1.9 a 1.9 b 1.9 b 1.10 d 1.10 d 1.10 e 1.10 e 1.11 c 1.12 a 1.12 b 1.12 a, b 1.12 g 1.19 a 2.2 e (7) 2.2 f 2.3 f 2.3 f (1) 2.2 h, I Failure to comply with lawful order 10-Day Suspension/Revocation More passengers than manufacturer rating Warning/3-Day Suspension Pay or accept compensation for trip referral Warning/3-Day Suspension Not wearing name tag Warning/3-Day Suspension Improper driver dress/appearance Warning/3-Day Suspension Noncompliance w/Calif. Vehicle Code, e.g., red zones Warning/3-Day Suspension Lapse of insurance coverage RTC*(**)/Revocation Proof of insurance not timely Warning/RTC* Inadequate proof of insurance Warning/RTC* Failure to provide records Warning/RTC* Incomplete records Warning/RTC* Late filing of annual statement RTC*/Revocation Failure to file annual statement Revocation Markings removed prior to disposal of vehicle RTC*/Revocation No taxi driver I.D. card RTC./Revocation No paratransit driver I.D. card RTC*/Revocation Driver I.D. not displayed Warning/RTC* Incorrect company name on driver I.D. Card Warning/RTC* Noncompliance with Americans with Disabilities Act Warning/Revocation Post tire size and pressure Warning/RTC* Ensure tires are proper size RTC* Meter not engaged 3-Day Suspension/Revocation Scanner in vehicle 3-Day Suspension/Revocation Out of service sign Warning/3-Day Suspension Overcharge of filed rate 3-Day Suspension/Revocation; Plus Restitution 2.4 b Long hauling 3-Day Suspension/Revocation; Plus Restitution 2.4 c, d Refusal to transport 3-Day Suspension/Revocation 3/99 Page 2 of 3 Section Item 2.4 c, d Discourage passenger 2.4 I Interfering with or impeding traffic 2.4 j, k Driver solicited passengers 2.4 m Driver more than 12 feet from vehicle 2.4 p No trip sheet 2.4 p Incomplete trip sheet 2.5 d Occupying a taxi zone 3.1 d Charter not prearranged in writing 3.2 b (Charter) Soliciting passengers 4.2 b (Sightseeing) Soliciting passengers 6.2 a Operating unauthorized jitney route 6.2 c Operating without jitney route sign 6.2 c Operating with unapproved jitney route sign 6.2 c Operating with wrong route sign. 6.3 b (Jitney) Soliciting passengers 6.3 d (Jitney) Driver more than 12 feet from vehicle 6.4 Nonjitney occupying jitney stop or zone Other Items not listed All All Various Accumulated various items Repeated or various driver items Driver operating requirements Penalty Guide Minimum/Maximum 3-Day Suspension/Revocation Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Warning/3-Day Suspension Penalty to be evaluated on case -by -case basis Penalty to be evaluated on case -by -case basis Owner to be penalized for pattern(s) of driver violations May be referred to MTDB- approved training class in lieu of a penalty, on case -by -case basis, and at driver's expense Date: Thomas F. Larwin General Manager 8/99 Page 3 of 3 KYarno — G:\PENGUIDE99.JREAS Section 1.1 ceotions to Provisions (a, - _ crcvisions of this Ordinance do not apply to a vehicle properly licensed under e jurisdic.:_ tne Public Utilities Commission of the State of California, or to public transit ehicles operated, or contracted for by the Metropolitan Transit Development Board or to a vehicle pro= I. .. licensed by the State or County as an ambulance. (Section ren:e.-.: ered to 1. 18 9/24/98) (Section 1.17 _mended 1/12/95) (Section 1. 1.7 _.mended 6/24/93) Section 1 .1 9 - Ce-eral Manager's Authority to Adopt Rules and Promulgate a Schedule of Fines (a) Except where Board action is specifically required in this Ordinance, the General Manager may adcet any rules and regulations reasona. - and necessary to implement the provisions of tr.:s Ordinance. The General Manage •romulgate a schedule of administrative fines and penalties for violations of this Ordinance in ieu of the revocation or suspension of a permit or identification card, a copy of which schedule shall be filed with the Clerk of the Board. (Section renumbered to 1. 19 9/24/98) Section 1 .20 - Americans with Disabilities Act (a) Permit holders, vehicles, and drivers are required to comply with the requirements of the federal Americans with Disabilities Act (ADA), and ADA regulations are hereby incorporated into MTDB Ordinance No. 11 by reference. A violation of ADA requirements is a violation of this Ordinance and subject to a fine or suspension or revocation or a combination. section renumbered to 1.20 9/24/98) ection 1. 191a was added 4/10/97) SECTION 2.0 - TAXICABS Section 2.1 - Tyoes of Service (a) A taxicab is authorized to provide exclusive ride and group ride service. Section 2.2 - Rates of Fare (a) After a notice and open public hearing, the Board, by resolution, shall establish a maximum rate of fare for exclusive ride and group ride hire of taxicabs except for trips from Lindbergh Field International Airport. A permit holder may petition the Board for any desired change in the maximum taxicab rate for exclusive ride and group ride hire. (b) Taxicab trips from Lindbergh Field International Airport shall be at a uniform rate of fare. (c) Each permit holder shall file with the General Manager the rates of fare that he/she will charge, which shall not exceed the maximum rate set by the Board pursuant to ction 2.2(a'r. -23- ORDINANCE NO 2041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 6.38.240 TO THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City that Section 6.38.240 is hereby added to the National City Municipal Code, to read as follows: 6.38.240 Contract with Metropolitan Transit Development Board. The City Council may by resolution adopted from time to time authorize a contract with the Metropolitan Transit Development Board (MTDB) for the administration and enforcement by the MTDB of regulations, policies and ordinances for paratransit or for -hire vehicles operated within the City, including collection and administration of all applicable regulatory fees, fines and forfeitures. While any such contract is in effect the applicable regulations, policies and ordinances of the MTDB shall supersede the provisions of this Chapter, provided that licensing by the MTDB shall not exempt the licensee from City business license requirements and fees. PASSED and ADOPTED this 20th day of October, 1992. George H. aters, Mayor ATTEST: e-Lo Anne Peoples, City Cle-k APPROVED AS TO FORM: g'sit George II. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on ...O.ctobe ...2A,...J.9.92 by the following vote, to -wit: Ayes: Councilmen Dalla, Van Deventer Zarate, Waters Nays: Councilmen None Absent: Councilmen Inzunza Abstain: Councilmen ....None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORL. ANNE..P.EQP.LES City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on; October 13.% 1992 and on ..Oct.P.ber 20, 1992 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO.92-2294.1of the City of National City, passed and adopted by the Council of said City on October 20, 1992 tyi Clerk of the City of National Cit , California By: Deputy 6.36.230--6.36.250 revocation of the license or permit shall be considered un- rebutted. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The hear- ing officer shall inform the party against whom the decision is rendered of his right to appeal pursuant to Section 6.36.250. (Ord. 1388 §1(part), 1973). 6.36.230 Stay of suspension or revocation. The effect of a decision by the hearing officer shall be stayed while an appeal to the city council is pending or until the time for filing such appeal has expired, except as provided in Section 6.36.240. (Ord. 1388 §l(part), 1973). 6.36.240 Exception to hearing procedure. When, in the opinion of the city manager, there is an immediate threat to the public health, welfare or safety, the city manager may suspend or revoke a license or permit issued pursuant to this chapter without calling a hearing. The person affected may appeal such decision pursuant to Section 6.36.250. The effect of such decision shall not be stayed during pendency of such appeal. (Ord. 1388 §l(part), 1973). 6.36.250 Appeal. Within ten days after receipt of the decision of the hearing officer, any party affected by the decision may file with the city clerk a written request for a public hearing before the city council. Upon the filing of such a request, the city clerk shall within fourteen days thereafter set the matter for a hearing and shall notify the appellant of the date, time and place of such hearing at least five days before the hearing date. At the hearing, any person may present evidence in opposition to, or in sup- port of, the appellant's case. At the conclusion of the hear- ing, the city council shall either grant or deny the appeal. The decision of the city council shall be final. (Ord. 1388 §1(part), 1973). Chapter 6.38 FOR -HIRE VEHICLES --TAXIS Sections: 6.38.010 Permit --Required. 6.38.020 For -hire vehicles defined. 6.38.030 Permit --Posted. 6.38.040 Permit --Issuance. 6.38.050 Insurance certificate required. 70h-31 (National City 7/25/78) 6.38.010--6.38.050 Sections: (Continued) 6.38.060 Council establishment of regulations. 6.38.070 Permit --Revocation. 6.38.080 Insurance terminated --Permit suspension. 6.38.090 Driver's permit --Required. 6.38.100 Driver's permit--Application--Fee. 6.38.110 Driver's permit--Posted--Duration. 6.38.120 Ineligible applicants. 6.38.130 Driver's permit --Revocation. 6.38.140 Right of appeal. 6.38.150 Employment change notification. 6.38.160 Rates of fares. 6.38.170 Operator license fees. 6.38.180 Taxi driver --Permit securing. 6.38.190 Taxi driver --Valid permit while operating taxi. 6.38.200 County sheriff authorized to regulate taxi licenses. 6.38.210 Contract with county. 6.38.220 Certificate of public convenience and necessity. 6.38.230 Operation regulations --Violations and penalty. 6.38.240 Contract with metropolitan transit development board. 6.38.010 Permit --Required. It is unlawful to operate a for -hire vehicle in the city limits of this city. without a permit to do so. (Ord. 1122 §2, 1965). 6.38.020 For -hire vehicles defined. "For -hire vehi- cles" includes, but is not limited to, ambulances and taxi- cabs. (Ord. 1122 §3, 1965)°. 6.38.030 Permit --Posted'. Any for -hire vehicle oper- ating in this city shall have the permit required by this chapter posted on the driver's side of the rear bumper of the vehicle at all times. The permit mentioned in this section will be in the form of a decal and is not transfer- able. (Ord. 1122 §4, 1965). 6.38.040 Permit --Issuance. All permits required by this chapter shall be issued by the city treasurer. No permit shall be granted until a written application has been submitted to and approved by the city council. (Ord. 1122 §5, 1965). 6.38.050 Insurance certificate required. Approval shall not be given until applicant submits a certificate of insurance with a carrier approved by the city council show- ing that applicant is insured in the sum of at least one 70h-32 (National City 4/93) 6.38.240 zone whether the zone be a single or multiple zone, unless such driver or operator is actually engaged in assisting passengers to load or unload or is actually engaged in answering his telephone. 10. It is unlawful for the driver or operator of any taxicab to refuse a prospective fare or to take any action to actively discourage a prospective fare, unless it shall be readily apparent that the prospective fare is a hazard to the driver or operator. 11. Taxicabs operating within the city shall be equipped with a taximeter designed to calculate fares upon the basis of a combination of mileage traveled and time elapsed. The taximeter shall be of a style and design approved by the Division of Measurement Standards, Depart- ment of Food and Agriculture of the state of California. 12. It is unlawful for any taxicab driver, while carrying passengers, to display the flag or device attached to such a taximeter in a position denoting that the vehicle is for hire or not employed, or to have such flag or at- tached device in a position preventing the taximeter from operating, and it is unlawful for a driver to throw the flag into a recording position when the vehicle is not em- ployed or to fail to throw the flag or other attached de- vice into a non -recording position at the termination of each service. B. A violation of any provision or the failure to comply with any of the requirements established by this section shall constitute an infraction. Any person con- victed of such violation or such failure shall be punish- able as set forth in Section 1.20.010. (Ord. 1621, 1978; Ord. 1561, 1977; Ord. 1163 §§1, 2, 1967). 6.38.240 Contract with metropolitan transit develop- ment board. The city council may, by resolution adopted from time to time, authorize a contract with the metropoli- tan transit development board (MTDB) for the administration and enforcement by the MTDB of regulations, policies and ordinances for paratransit or for -hire vehicles operated within the city, including collection and administration of all applicable regulatory fees, fines and forfeitures. While any such contract is in effect, the applicable regu- lations, policies and ordinances of the MTDB shall super- sede the provisions of this chapter, provided that licens- ing by the MTDB shall not exempt the licensee from city business license requirements and fees. (Ord. 2041, 1992). 70h-36b (National City 4/93) ORDINANCE NO. 148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 6.38 REGARDING "TAXIS - VEHICLES FOR HIRE" AND AMENDING TITLE 11 BY ADDING CHAPTER 11.70 REGULATING PARATRANSIT VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) CODIFIED ORDINANCE NO. 11 BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 6 is amended by repealing Chapter 6.38 (Taxis - Vehicles for Hire). Section 2. That Title 11 is amended by adding Chapter 11.70 to read as follows: Chapter 11.70 Paratransit Vehicles Sections: 11.70.010 Purpose 11.70.020 Definition 11.70.030 Regulatory Administration by contract with Metropolitan Transit Development Board 11.70.040 Violations and enforcement 11.70.10 Purpose. The purpose of this chapter is to provide for the regulation of paratranist vehicles within the City of National City through adoption of Metropolitan Transit Development Board (MTDB) Ordinance No. 11, and, to implement the provisions of Public Utilities Code Section 120266 by contract administration for paratransit regulation with the MTDB. Ordinance No. 98-2148 Page Two 11.70.020 Definition. "Paratransit Vehicle" as defined in San Diego Metropolitan Transit Development Board (MTDB) Ordinance No. 11, Section 1.1, means as follows: Every vehicle, other than public transit vehicles or vehicles involved in an organized car pool not available to the general public, which is operated for any fare or compensation and used for the transportation of passengers over city public streets, irrespective of whether such operations extend beyond the boundary limits of said City. Such paratransit vehicles shall include taxicabs, vehicles for charter, jitneys, non -emergency medical vehicles and sight-seeing vehicles. 11.70.030 Regulatoryadministration by contract with Metropolitan Transit Development Board. Notwithstanding the City's right to regulate paratransit vehicles within its jurisdiction, the city council, by resolution currently in effect or as may be adopted from time to time, has authorized a contract with the Metropolitan Transit Development Board (MTDB) for the administration and enforcement by the MTDB of regulations, policies and ordinances for paratransit or for -hire vehicles operated within the city, including collection and administration of all applicable regulatory fees, fines and forfeitures. While that contract is in effect, the applicable regulations, policies and ordinances of the MTDB, including MTDB Ordinance No. 11, as now in effect or as may be amended from time to time, shall govern the operation of paratransit vehicles within the city. Licensing of a Paratransit Vehicle or the operator or owner by the MTDB does not exempt the licensee from city business tax requirements and payment of fees pursuant to Chapter 6.04. A copy of MTDB Ordinance No. 11 is on file in the office of the City Clerk. 11.70.040 Violations and enforcement. It is unlawful for an operator, owner, permittee or licensee of a paratransit vehicle to violate any of the mandatory provisions or prohibitions of MTDB Ordinance No. 11 within the City of National City. Each violation is an infraction, chargeable either as a violation of this Section 11.70.040 or as a violation of MTDB Ordinance No. 11. Signature Page to Follow Ordinance No. 98-2148 Page Three PASSED and ADOY1'rD this 14th day of July , 1998. Al _LEST: Mi adR. Dall City Clerk APPROVED AS TO FORM: George H. Liser, III City Attorney George H. ters, Mayor Passed and adopted by the Council of the City of National City, California, on July 14, 1998, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California Ci Clerk of the C of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on May 26, 1998 and on July 14, 1998. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CER111^Y that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 98-2148 of the City Council of the City of National City, passed and adopted by the Council of said City on July 14, 1998. City CIerk of the City of National City, California By: Deputy 11.70.010 Chapter 11.70 PARATRANSIT VEHICLES Sections: 11.70.010 11.70.020 11.70.030 11.70.040 Purpose. Definition. Regulatory administration by contract with Metropolitan Transit Development Board. Violations and enforcement. 11.70.010 Purpose. The purpose of this chapter is to provide for the regulation of paratransit vehicles within the city through adoption of Metropolitan Transit Develop- ment Board (MTDB) Ordinance No. 11, and to implement the provisions of Public Utilities Code Section 120266 by contract administration for paratransit regulation with the MTDB. (Ord. 2148 § 2 (part), 1998) 11.70.020 Definition. "Paratransit vehicle" as defined in San Diego Metropolitan Transit Development Board (MTDB) Ordinance No. 11, Section 1.1, means as follows: Every vehicle, other than public transit vehicles or vehicles involved in an organized car pool not available to the general public, which is operated for any fare or compensation and used for the transpor- tation of passengers over city public streets, irre- spective of whether such operations extend beyond the boundary limits of said city. Such paratransit vehicles shall include taxicabs, vehicles for charter, jitneys, nonemergency medical vehicles and sight- seeing vehicles. (Ord. 2148 § 2 (part), 1998) 11.70.030 Regulatory administration by contract with Metropolitan Transit Development Board. Notwithstanding the city's right to regulate paratransit vehicles within its jurisdiction, the city council, by resolution currently in effect or as may be adopted from time to time, has authorized a contract with the Metropolitan Transit Development Board (MTDB) for the administration and enforce- ment by the MTDB of regulations, policies and ordinances for paratransit or for -hire vehicles operat- ed within the city, including collection and adminis- tration of all applicable regulatory fees, fines and forfeitures. While that contract is in effect, the appli- cable regulations, policies and ordinances of the MTDB, including MTDB Ordinance No. 11, as now in effect or as may be amended from time to time, shall govern the operation of paratransit vehicles within the city. Licensing of a paratransit vehicle or the operator or owner by the MTDB does not ex- empt the licensee from city business tax require- ments and payment of fees pursuant to Chapter 6.04. A copy of MTDB Ordinance No. 11 is on file in the office of the city clerk. (Ord. 2148 § 2 (part), 1998) 11.70.040 Violations and enforcement. It is unlawful for an operator, owner, permittee or licensee of a paratransit vehicle to violate any of the mandatory provisions or prohibitions of MTDB Ordinance No. 11 within the city. Each violation is an infraction, chargeable either as a violation of this Chapter 11.70 or as a violation of MTDB Ordinance No. 11. (Ord. 2148 § 2 (part), 1998) 400 ORDINANCE NUMBER 0- 17204 ADOPTED ON JAN 81 89 (0-89-113) (NEW SERIES) AN ORDINANCE REPEALING CHAPTER VII, ARTICLE 5, OF THE SAN DIEGO MUNICIPAL CODE RELATING TO PARATRANSIT CODE. BE IT ORDAINED, by the Council of The City of San Diego, as follows: Section 1. That Chapter VII, Article 5, of the San Diego Municipal Code be and the same is hereby repealed. Section 2. This ordinance shall take effect and be in force on the thirtieth day from and after its passage. APPROVED: John W. Witt, City Attorney By if Hradeck Deputy City Attorney RH:mrh 11/23/88 Or.Dept:Fin.Mgmt. 0-89-113 Form=o.none Le ae NA/4/v./v. naz et z7 r-02 e -PAGE 1 OF 1- orrin Passed and adopted by the Council of The City of San Diego on by the'following vote: a E, ._, Council Members Yeas Nays Not Present Ineligible i Abbe Wolfsheimer s D 0 0 Ron Roberts u 0 0 ED Gloria McColl0 0 0 H. Wes Pratt tQ/ ElEl❑ Ed Struiksma t[�/JEl 0 l" J. Bruce Henderson ❑ 0 Judy McCarty L" ❑ 0 0 Bob Filner Eli 0 Mayor Maureen O'Connor El " ❑ AUTHENTICATED BY: (Seal) MAUREEN O'CONNOR Mayor of The City of San Diego, California. CHARLES G. ABDELNOUR City Clerk of The City of San Diego. California. By..r' YuW^._ Cl•• Deputy. I HEREBY CERTIFY that the foregoing ordinance was not finally passed until twelve calendar days had elapsed betty eEeeJ introduction and the day of its final passage, to wit, on , and on JI 9 IC%S or_to its fins • I FURTHER CERTIFY that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. CHARLES G. ABDELNOUR (Seal) By City Clerk of The City of San Diego. California. 0...%�+ Q ` y. Deputy. Office of the City Clerk, San Diego, California Ordinance 4-472044. Number JAM 9 CC9255-A (Rev. 12-57)